Duration of office and other conditions of service of Lokayukta and Upalokayukta

Every person appointed as Lokayukta or Upalokayukta shall hold office for a term of five years from the date on which he enters upon his office and not be eligible for re-appointment thereafter. Provided that: - (i) Lokayukta or Upalokayukta may, by writing under his hand addressed to the Lieutenant Governor, resign his office and such resignation shall be effective as soon as it is accepted by the Lieutenant Governor; (ii) There shall be paid to the Lokayukta and Upalokayukta such salaries as are specified in the Second Schedule. (iii) The allowances and pension payable to, and other conditions of service of, Lokayukta or Upalokayukta shall be such as may be prescribed; Provided further that in prescribing the allowances and pension payable to, and other conditions of service of, Lokayukta, regard shall be had to the allowances and pensions payable to, and other conditions of service of, Chief Justice or a Judge of a High Court as the case may be; Provided further that in prescribing the allowances and pension payable to, and other conditions of service of Upalokayukta regard shall be had to the allowances and pension payable to, and other conditions of service of a District Judge in Delhi or a Secretary to the Government or a Joint Secretary to the Government of India, as the case may be. Provided further that the allowances and pension payable to, and other conditions of service of, the Lokayukta or Upalokayukta shall not be varied to his disadvantage after his appointment. In the event of occurrence of any vacancy in the office of the Lokayukta by reason of his death, resignation, removal or otherwise, the Upalokayukta or if there are more than one then such one of them as the Lieutenant Governor may, by order, direct, shall not withstanding anything contained in clause (a) of sub-section (2) of Section 3, act as Lokayukta until the date a new Lokayukta appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office. When the Lokayukta is unable to discharge his functions owing to absence, illness or any other cause, the Upalokayukta or if there are more than one then such one of them as the Lieutenant Governor may, by order, direct, shall not withstanding anything contained in clause (a) of sub-section (2) of Section 3, discharge his functions until the date the Lokayukta resumes his duties. The Upalokayukta shall, during and in respect of the period while he is so acting as or discharging the functions of Lokayukta, have all the powers and immunities of the Lokayukta and be entitled to salary, allowances and perquisites as are specified in the Second Schedule in relation to Lokayukta. A vacancy occurring in the office of the Lokayukta or an Upalokayukta by reason of his death, resignation or otherwise shall be filled in as soon as possible but not later then six months from the date of occurrence of vacancy. On ceasing to hold office, the Lokayukta or Upalokayukta shall be ineligible for further appointment as the Lokayukta or Upalokayukta in any employment under Government or for any employment under any such Government Company, local authority, corporation under the administrative control of the Government or Statutory Commissions set up by the Government as is referred to in sub-clause (iv) of clause (m) of Section 2. The Upalokayukta shall be subject to the administrative control of the Lokayukta and in particular, for the purpose of convenience of disposal of investigation under the Act, the Lokayukta may issue such general or special direction as he may consider necessary to the Upalokayukta and may withdraw to himself or make over any case from him if to an Upalokayukta or from one Upalokayukta to another Upalokayukta for disposal; Provided that nothing in this sub-section shall be construed to authorize the Lokayukta to question any finding, conclusion, recommendation of an Upalokayukta.