Chapter VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION

1. (1) The Lokayukta, on receipt of a complaint, if it decides to proceed further, may order,-
   • (a) preliminary inquiry against any public servant by its Inquiry Wing or any agency to ascertain whether there exists a prima facie case for proceeding in the matter; or
   • (b) investigation by any agency or authority empowered under any law to investigate, where there exists a prima facie case: Provided that any investigation under this clause shall be ordered only if in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any earlier statutory investigation or enquiry regarding the same complaint reveals that a prima facie case exists: Provided further that before ordering an investigation under this clause, the Lokayukta shall call for the explanation of the public servant and views of the competent authority, so as to determine whether there exists a prima facie case for investigation: Provided also that a decision to order investigation under this clause shall be taken by a bench constituted by the Chairperson under section 16.
2. (2) During the preliminary inquiry referred to in sub-section (1), the Inquiry Wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected, seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokayukta.
3. (3) A bench consisting of not less than two Members of the Lokayukta shall consider every report received under sub-section
4. (2) from the Inquiry Wing or any agency and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely :-
   • (a) investigation by any agency (including any special investigation agency);
   • (b) initiation of the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority;
   • (c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 46.
5. (4) The promotion and other service benefits of a public servant mentioned in clauses
   • (e) to
   • (h) of sub-section
6. (1) of section 14 shall not be affected until the public servant is put under suspension on recommendation of the Lokayukta under section 32 or charge sheet is filed after completion of investigation under clause
   • (a) of sub-section
7. (3) or a charge memo is issued against the said public servant in a disciplinary proceeding initiated on the recommendation of the Lokayukta under clause
   • (b) of sub-section (3).
8. (5) Every preliminary inquiry referred to in sub-section
9. (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint.
10. (6) In case the Lokayukta decides to proceed to investigate into the complaint, it shall, by order in writing, direct any investigating agency (including any special agency) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided that the Lokayukta, for the reasons to be recorded in writing, may extend the said period by a further period not exceeding six months at a time and for the maximum period of two years.
11. (7) Notwithstanding anything contained in section 173 of the Code of Criminal procedure, 1973, any investigating agency (including any special agency) shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta.
12. (8) A bench consisting of not less than two Members of the Lokayukta shall consider every report received by it under sub-section
13. (7) from any investigating agency (including any special agency) and may, decide as to-
    • (a) filing of charge-sheet or closure report before the Special Court against the public servant;
    • (b) initiating the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority.
14. (9) The Lokayukta may, after taking a decision under sub-section
15. (8) on the filing of the charge sheet, direct its Prosecution Wing to initiate prosecution in a Special Court in respect of cases investigated by any investigating agency (including any special agency).
16. (10) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit.
17. (11) The website of the Lokayukta shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it.
18. (12) The Lokayukta may retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court.
19. (13) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.

If, at any stage of the proceeding, the Lokayukta -

1. (a) considers it necessary to inquire into the conduct of any person other than the accused; or
2. (b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry it shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice.

Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Lokayukta or the investigating authority, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document.

1. (1) A Special Court may, notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 ofthe Prevention of Corruption Act, 1988, on filing of a charge sheet on completion of investigation, by the Lokayukta, take cognizance of offence committed by any public servant.
2. (2) Nothing contained in sub-section
3. (1) shall apply in respect ofthe persons holding the offce in pursuance of the provisions ofthe Constitution of lndia and in respect of which a procedure for removal of such person has been specified therein.
4. (3) The provisions contained in sub-sections
5. (1) and
6. (2) shall be without prejudice to the generality ofthe provisions contained in article 311 and sub-clause
   • (c) of clause
7. (3) of article 320 of the Constitution of lndia-

Where, after the conclusion of the investigation, the findings of the Lokayukta disclose the commission of an offence under the Prevention of Corruption Act, 1988 and or under Chapter I ofthe lndian Penal Code, 1860 by a public servant referred to in clause

1. (a) or clause
2. (b) or dause
3. (c) of sub-section

1. (1) ofsection 14, the Lokayukta mayfile a case in the Special Court and shall send a copy ofthe report togetherwith its flndings to the competent authority.