Vidhi Codex

section 15

Provisions relating to complaints and preliminary inquiry and investigation

The Himachal Pradesh Lokayukta (Amendment) Act, 2021
General201458 sections
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Statutory text
  1. (1) Upon receipt of a complaint, if the Lokayukta decides to proceed further, he shall—
    • (a) ensure by his inquiry wing or any agency against any public servant as to whether there is a prima facie case for proceeding in the matter, he may order for a preliminary inquiry; or
    • (b) when there is a prima facie case, he may order an investigation by an agency: Provided that if the Lokayukta decides to proceed further in the preliminary inquiry, he shall, by general or special order, refer the complaints or class of complaints or any complaint received by him in respect of public servants to the inquiry wing constituted under this Act: Provided further that the inquiry wing shall, after conducting a preliminary inquiry in respect of the complaints referred to it under the first proviso, in respect of public servants, submit its report to the Lokayukta in accordance with the provisions contained in sub-section
  2. (2) and
  3. (4) and shall take action in accordance with the provisions of this Act: Provided further that before ordering any investigation under clause (b), the Lokayukta shall seek clarification from the public servant so as to ascertain whether a prima facie case exists for investigation: Provided further that seeking clarification from the public servant before any investigation shall not interfere with the searches and seizures, if so required by the inquiry wing under this Act.
  4. (2) During the preliminary inquiry referred to in sub-section (1), the inquiry wing shall conduct a preliminary inquiry and on the basis of material information and documents collected, shall seek comments from the public servant and the competent authority on the allegations made in the complaint and after obtaining comments from the concerned public servant and the competent authority, shall submit a report to the Lokayukta within sixty days from the date of receipt of the direction.
  5. (3) The Lokayukta shall consider every report received from the inquiry wing or any agency under sub-section
  6. (2) and after giving the public servant an opportunity of being heard, shall decide whether a prima facie case exists and shall take action in respect of one or more of the following actions, namely:—
    • (a) investigation by any agency; or
    • (b) initiation of departmental proceedings or any other appropriate action against the concerned public servants by the competent authority; or
    • (c) closure of proceedings against the public servant and action under section 41 against the complainant.
  7. (4) Every preliminary inquiry referred to in sub-section
  8. (1) shall ordinarily be completed within a period of ninety days from the date of receipt of the complaint and further period of ninety days for reasons to be recorded in writing.
  9. (5) If the Lokayukta decides to proceed with the investigation of the complaint, he shall direct any agency to conduct the investigation as expeditiously as possible and shall complete the investigation within a period of six months from the date of his order: Provided that the Lokayukta may extend the said period by a further period of six months at a time for reasons to be recorded in writing.
  10. (6) The Lokayukta shall consider every report received from any agency and after obtaining the comments of the competent authority and the public servant—
    • (a) shall grant his permission to the prosecution wing or the investigating agency for filing a charge-sheet against the public servant before the Special Court or for filing a report for closure of the case; or
    • (b) may give direction regarding initiation of departmental proceedings or any other appropriate action against the concerned public servants by the competent authority.
  11. (7) The Lokayukta, after making any decision under sub-section
  12. (6) upon filing of the charge-sheet, may direct his prosecution wing to initiate prosecution in the Special Court in respect of cases investigated by any agency.
  13. (8) The Lokayukta may, during the preliminary inquiry or investigation, as the case may be, pass such appropriate orders for the safe custody of documents relevant to the preliminary inquiry or investigation, as he deems fit.
  14. (9) The status of the complaints pending before or disposed of by him shall be displayed for the public on the website of the Lokayukta from time to time and in such manner, as may be specified by the regulations.
  15. (10) The Lokayukta may retain the original records and evidence which are likely to be required in the process of preliminary inquiry or investigation or conduction of the case by him or by the Special Court.
  16. (11) Save as otherwise provided herein, the manner and procedure for conducting preliminary inquiry or investigation under this Act (including material and documents made available to the public servant) shall be such as may be specified by the regulations.

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