section 42
Complaints against Officers of Lokayukta
Bihar Lokayukta Act, 2011General201160 sections
Statutory text
- (1) Every complaint of allegation of wrong doing made against any officers or employee or investigating agency under or associated with the Lokayukta for offence punishable under the Prevention of Corruption Act, 1988 shall be dealt with in accordance with the provisions of this section.
- (2) The Lokayukta shall complete the inquiry into the complaint or allegation made within a period of sixty days from the date of its receipt.
- (3) While making an inquiry into the complaint against any officers or employee of the Lokayukta or the agency engaged or associated with the Lokayukta, if it is prima facie satisfied on the basis of evidence available that-
- (a) continuance of such officer or employee of the Lokayukta or agency engaged or associated in the post while conducting the inquiry is likely to affect such inquiry adversely; or
- (b) an officer or employee of the Lokayukta or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses. Then the Lokayukta may, by order, suspend such officer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of all powers and responsibilities here to before exercised by it.
- (4) On the completion of the inquiry if the Lokayukta is satisfied that there is prima facie evidence of the commission of an offence under the Prevention of Corruption Act, 1988 or of any wrong doing it shall within a period of forty days of the completion of such inquiry order to prosecute such officer or employee of the Lokayukta or such officer disciplinary proceedings against the official concerned-
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