section 16A
Public functionary to vacate office.
The Goa Lokayukta Act, 2011General201137 sections
Statutory text
- (1) Where, after investigation into a complaint, the Lokayukta or the Upa-Lokayukta is satisfied that the complaint involving an allegation against the public functionary is substantiated and that the public functionary concerned should not continue to hold the office held by him, the Lokayukta or the Upa-Lokayukta shall make a declaration to that effect in his report under clause (a) of sub-section (1) of section 16. The Competent Authority shall, within a period of three months from the date of receipt of the report, either accept or reject such declaration after giving an opportunity of being heard to the public functionary concerned.
- (2) If the declaration under sub-section (1) is accepted or rejected within such period of three months, the fact of such acceptance or rejection shall immediately be intimated by the Competent Authority to the Lokayukta or the Upa-Lokayukta, as the case may be, and to the public functionary concerned.
- (3) If the declaration under sub-section (1) is not rejected within such period of three months, it shall be deemed to have been accepted by the Competent Authority, on the expiry of the said period of three months and the fact of such deemed acceptance of declaration shall immediately be intimated by the Lokayukta or the Upa-Lokayukta, as the case may be, to the Competent Authority and the public functionary concerned.
- (4) If the declaration under sub-section (1) is in respect of a Chief Minister or a Minister, accepted or deemed to have been accepted by the Competent Authority, he may resign from his office.
- (5) With effect from the date of intimation of acceptance or deemed acceptance of the declaration, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public functionary,—
- (i) specified under sub-clauses (iii) to (xi), except sub-clause (ix), of clause (q) of section 2, shall be deemed to have vacated his office;
- (ii) specified under sub-clause (ix) of clause (q) of section 2, shall be deemed to have been placed under suspension: Provided that if the public functionary is a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (Central Act 61 of 1951), the State Government shall take action to keep him under suspension in accordance with the Rules or regulations applicable to his service.]
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