Report of Lokayukta Aayog, competent authority to act in a time bound manner

(1) (i) Where, after conclusion of an investigation or an inquiry, the Lokayukta Aayog is satisfied that the complaint involving an allegation against a public functionary falling under sub-clause (a) of clause (10) of section 2 is substantiated and arrives at a finding that the public functionary concerned should not continue to hold the post held by him, the Lokayukta Aayog shall make a declaration to that effect in its report. Where the competent authority is the Council of Ministers or the Chief Secretary, it / he may either accept or reject the declaration, for reasons to be recorded in writing and communicated to the Lokayukta Aayog, within a period of six months. In other cases, the competent authority shall send a copy of such report to the State Government, which may either accept or reject the declaration within a period of one year from the date of receipt of the report. If, on the expiry of specified period in this sub-section, no decision is taken on the declaration then such declaration shall be deemed to have been accepted. (ii) If the declaration so made is accepted or is deemed to have been accepted, the fact of such acceptance or the deemed acceptance shall immediately be intimated by registered post by the State Government or the Chief Minister or the Chief Secretary, if any of them is the competent authority, and by the State Government in other cases then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public functionary concerned shall, with effect from the date of intimation of such acceptance or of the deemed acceptance of the declaration, (a) if he is a Minister, resign from his office of Minister; (b) if he is not a Minister, be deemed to have vacated his office. (2) (i) Where, after conclusion of an investigation or an inquiry, the Lokayukta Aayog is satisfied that the complaint involving an allegation against a public functionary falling under sub-clause (b) of clause (10) of section 2 is substantiated and arrives at a finding that the public functionary concerned should be proceeded against under the relevant Disciplinary and Appeal Rules as may be applicable, the Lokayukta Aayog shall make a declaration to that effect in its report. (ii) The competent authority shall accept or reject the declaration within a period of six months from such receipt. If the competent authority fails to accept or reject the declaration within six months time then departmental proceedings shall be deemed to have been instituted against the concerned public functionary. (3) Every departmental proceeding initiated under a report of the Lokayukta Aayog shall be completed within a period of twelve months from the date of acceptance or deemed acceptance of declaration.