Chapter VI COMPLAINTS OF GRIEVANCE

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31. Complaints of grievance.

Statutory text

(1) The Lokayukta shall, on receipt of a complaint against any public servant regarding grievance, first decide whether to proceed in the matter or close the same.
(2) The Lokayukta may, in his discretion, refuse to make an inquiry into any complaint specified in sub-section (1) on the grounds specified in sub-section (2) of section 21.
(3) If the Lokayukta decides to proceed further, it shall, ascertain whether there exists a prima facie case for proceeding in the matter. The Lokayukta shall forward the complaint to the concerned public servant for his say; and to the Secretary of the department or the head of the office or competent authority, as the case may be, of the public servant, to call for report on complaint.
(4) The public servant shall send his say and the Secretary of the department or the head of the office or competent authority shall send his report, within ninety days to the Lokayukta from the date of receipt of the reference.
(5) Upon receipt of the say of the public servant and the report of the Secretary of the department or the head of the office or competent authority, as the case may be, if there is no prima facie case according to the report received under sub-section (4), the Lokayukta may, after recording the reasons therefor, close the matter and communicate the same to the complainant and to the public servant concerned; or if there exists a prima facie case to proceed in the matter, the Lokayukta may make recommendations to proceed with one or more of the following actions, namely :-
- (a) to recommend to initiate departmental inquiry or any other appropriate action against the concerned public servant by the concerned authority as per the relevant service rules applicable to public servant; or
- (b) to decide to make further inquiry under the provisions of this Act.

Chapter VI COMPLAINTS OF GRIEVANCE

32. Report of Lokayukta.

Statutory text

(1) If, after inquiry of any action in respect of which a complaint involving a grievance has been or can be or could have been made, the Lokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or any other person, the Lokayukta shall, by a report in writing, recommend to the public servant and the authority concerned that such injustice, or undue hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.
(2) The authority to whom a report is sent under sub-section (1), shall within one month of the expiry of the term specified in the report, intimate or cause to be intimated to the Lokayukta, the action taken for compliance with the report.
(3) If the Lokayukta is satisfied with the action taken or proposed to be taken on his recommendations or findings referred to in sub-sections (1) and (2), he shall close the case under information to the complainant, the public servant and the authority concerned, but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the complainant concerned.
(4) The Lokayukta may, if necessary, give personal hearing to the concerned parties.

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