section 10
Provided that the Lokayukta may, for reasons to be recorded, exempt any person from making such deposit.
The Goa Public Men's Corruption (Investigations and Enquiries) Act, 1988Criminal198821 sections
Statutory text
Procedure in respect of investigations Procedure in respect of investigations.—
- (1) Where the Lokayukta proposes, after such preliminary inquiry, if any, as he deems fit, to conduct any investigation under this Act, he—
- (a) shall forward a copy of the complaint to the public man and the competent authority concerned;
- (b) shall afford to such public man an opportunity to offer his comments on such complaint; and
- (c) may make such orders as to the safe custody of documents relevant to the investigation, as he deems fit.
- (2) Every such investigation shall be conducted in private, and in particular, the identity of the complainant and the public man affected by the investigation shall not be disclosed to the public or the press whether before, during or after the investigation: Provided that the Lokayukta may, for reasons to be recorded in writing, allow disclosure of the identity of the public man in public interest.
- (3) Save as aforesaid, the procedure for conducting any such investigation shall be such as the Lokayukta considers appropriate in the circumstances of the case.
- (4) The Lokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if in his opinion—
- (a) the complaint is frivolous or vexatious or is not made in good faith;
- (b) there are no sufficient grounds for investigating or, as the case may be, for continuing the investigation; or
- (c) other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.
- (5) In any case where the Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint, he shall record his reasons therefor and communicate the same to the complainant and the public man concerned.
- (6) The conduct of an investigation under this Act in respect of any action shall not affect such action, or any power or duty of any public man to take further action with respect to any matter subject to the investigation.
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