Procedure in respect of investigation

Procedure in respect of investigation

1. (1) Where the Lokayukta proposes, after making such preliminary inquiry as he deems fit, to conduct any investigation under this Act, he—
   • (a) shall forward a copy of the complaint to the public functionary and the competent authority concerned;
   • (b) shall afford to such public functionary 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. (2) Every such investigation shall be conducted in private, and in particular, the identity of the complainant and the public functionary 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, in the interest of justice, allow such disclosure.
3. (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. (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 trivial, vexatious, frivolous or not made in good faith;
   • (b) there are no sufficient grounds for investigating or, as the case may be, for continuing the investigation;
   • (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. (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 functionary concerned.
6. (6) The conduct of an investigation under this Act in respect of any administrative action shall not affect the administrative action, or any power or duty of any public functionary to take further action with respect to any matter subject to the investigation.