Provisions relating to complaints and investigations.

1. (1) Subject to the provisions

of this Act, any person may make a complaint under this Act to the Lokayukta or an Upalokayukta.

¹ Inserted by Act 25 of 2010 w.e.f. 23.07.2010.

1[Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made, may be prosecuted by his legal representatives or by any other person who is authorized by him in writing in this behalf.]

1. (2) Every complaint shall be made in the form of a statement supported by an affidavit and in such form and in such manner as may be prescribed.
2. (3) Where the Lokayukta or an Upalokayukta proposes, after making such preliminary inquiry as he deemed fit, to conduct any investigation under this Act, he,-
   • (a) shall forward a copy of the complaint 1[and in the case of an investigation initiated suo-motu by him, the opinion recorded by him to initiate the investigation under sub- section (1) or (2), as the case may be, of section 7; ] to the public servant and the competent authority concerned;
   • (b) shall afford to such public servant an opportunity to offer his comments on such complaint; 1[or opinion recorded under sub-section (1) and (2) of section 7 as the case may be]
   • (c) may make such order as to the safe custody of documents relevant to the investigation, as he deems fit.
3. (4) Save as aforesaid, the procedure for conducting any such investigation shall be such, and may be held either in public or in camera, as the Lokayukta or the Upalokayukta, as the case may be, considers appropriate in the circumstances of the case.
4. (5) The Lokayukta or the Upalokayukta 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. (6) In any case where the Lokayukta or an Upalokayukta 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 servant concerned.
6. (7) The conduct of an investigation 1[under this Act against a public servant]1 in respect of any action shall not affect such action, or any power or duty of 1[any other public servant]1 to take further action with respect to any matter subject to the investigation.

¹ Inserted by Act 25 of 2010 w.e.f. 23.07.2010.