Provisions relating to complaints and investigations

(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lok Ayukta or an Upa-Lok Ayukta. (2) Every complaint shall be made in such form and in such manner, as may be prescribed, and shall be supported by an affidavit. (3) Where the Lok Ayukta or an Upa-Lok Ayukta 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 servant and the competent authority concerned; (b) shall afford to such public servant, an opportunity to offer his comments on such complaint; (c) may make such orders as to the safe custody of documents relevant to the investigation, as he deems fit. (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 Lok Ayukta or the Upa-Lok Ayukta, as the case may be, considers appropriate in the circumstances of the case. (5) The Lok Ayukta or an Upa-Lok Ayukta may, in his discretion, refuse to investigate or discontinue investigation of, 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. (6) In any case where the Lok Ayukta or an Upa-Lok Ayukta 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. (7) The conduct of an investigation under this Act against a public servant in respect of any action shall not affect such action or any power or duty of any other public servant to take further action with respect to any matter subject to investigation. (8) In every proceeding before the Lok Ayukta or an Upa-Lok Ayukta under this Act, the State shall be made a party thereto and the Government shall appoint a Special Attorney and one or more senior Government Pleaders to represent the Government before the Lok Ayukta or an Upa-Lok Ayukta, as the case may be, on the terms and conditions prescribed: Provided that it shall not be necessary that state should be made a party in cases where Government interests are not involved.