Matters not subject to investigation

Matters not subject to investigation.—

1. (1) Except as hereinafter provided, the Lokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action, if such action relates to any matter specified in the Second Schedule.
2. (2) The Lokayukta shall not investigate any action,—
   • (a) in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or the Vigilance Commissioner;
   • (b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952;
   • (c) in respect of which any proceedings are pending before any court of law or judicial tribunal in India: Provided that the Lokayukta may investigate,—
     • (i) an action referred to in clause
   • (a) if the Lokayukta is satisfied that such inquiry is not likely to uphold the cause of justice;
     • (ii) an action referred to in clause
   • (c) if he is satisfied that such investigation will not prejudice the pending proceedings.
3. (3) The Lokayukta shall not investigate any complaint involving a grievance if the complainant has or had any remedy by way of proceeding before any tribunal or court of law: Provided that nothing in this sub-section shall prevent the Lokayukta from conducting an investigation if the Lokayukta is satisfied that such person cannot or could not for sufficient cause have recourse to the remedy by way of proceeding before any tribunal or court of law.
4. (4) The Lokayukta shall not investigate any action,—
   • (a) in respect of which a complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant;
   • (b) in respect of which a complaint is made after the expiry of three years from the date on which the action complained against is alleged to have taken place: Provided that the Lokayukta may entertain a complaint referred to in clause
   • (a) or clause
   • (b) if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause.
5. (5) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion cannot be regarded as having been fairly exercised.