Result of preliminary investigation and further action

Result of preliminary investigation and further action.—(1) If after the preliminary investigation under section 12, the Commission is of the opinion that—

1. (a) the complaint is frivolous or vexatious or is not made in good faith; or
2. (b) there are no sufficient grounds for proceeding further;or
3. (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; it shall record its findings stating the reasons therefor and communicate the same to the public man and to the complainant and the competent authority.

1. (2) If, after the preliminary investigation under section 12, the Commission is of the opinion that there is a prima facie case against the public man, it shall record a finding to that effect and report the finding to the competent authority stating the reasons for such finding and proceed to make a detailed investigation. Explanation.—For the purpose of this subsections (1) and (2) the competent authority in the case of publicmen referred to in item (iii) of clause (c) of section 2 shall be the Chief Secretary and if the Chief Secretary is directly or indirectly intrested in the subject matter of the complaint the Chief minister shall be the Competent authority.
2. (3) The Commission shall, subject to the provisions of this Act and of the rules made thereunder, have power to regulate its own procedure including the fixing of the time and place of sitting.
3. (4) The public man against whom investigation has to be made under this section and the complainant, if any, shall have the right to be represented in person or by counsel.
4. (5) In every detailed investigation under this Act, the Government shall be made a party.
5. (6) The Commission may, if it considers necessary to do so, having regard to the nature and circumstances of the case under investigation, appoint a counsel to assist it on such terms and conditions as may be prescribed.
6. (7) The Commission may, at any stage, also permit—
   • (a) any witness, or
   • (b) any other person, who claims that he is to be represented in person or by counsel to take such part in the proceedings as the Commission may, in the interest of justice, think fit.