PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION .

(1) The Lokayukta on receipt of a compiaint if it decides to proceed further, may order- (a) preliminary inquiry against any public servant by its inquiry \_Mng or any agency to ascertain proceeding in the matter, or (b) inVestigation by any agency where there exists a prima facie case: Provided that before ordering an investigation under biause (b), the Lokayukta shall call for an explanation of the public servant so as to deten'nine whether there exists a prime facie case for investigation: Provided further that the seeking of explanation from the public servant before an investigation Shall not interfere with the search and seizure, if any, required to be undertaken by any ' “agency uhder this Act (2) During- the preliminary IanIry referred to in sub-seCtibn(1), the inquiry Wing or any agency shalt cond'untia preliminary inquiry and On thebaSis of material, information and documents colleotedseekthe comments on the allegations made in the compi’a‘int'froifi' the public servant and competent authority and after: obtaining the cemments of theooncemedpublic; servant and competent authority, Submit Within:sixty.daysfrom the date of receipt of the reference, a report t? the Lokayukta (3) The Lokayukta shall consider every report received Under sub—section(2) from the inquiry Wing or any agency and after givingan opportunity of being heard to the public servant decide whether there exists a prime : facie case and proceed with one or more at the following actions, nameiy: (a) inveStigation by any agency: (b) initiation of the departmental probeedings or any other appropriate action against the concerned public servants by the competent authority; (0) closure of the proceedings against the public servant and to pI'oceed against the complainant under section 47 (4) Every preliminary inquiry referred. to in sub, sectidn (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing,——- Within a further period of ninety days from the date of receipt of the complaint. (5) In case the Lokayukta decides-to proceed to investigate into the complaint; it she” either' direot any“ I '- investigation agency to carry out the investigation as _ expeditiously as possibleand complete the investigation“ within a period of six months from the date of its order: " Provided that the Lokayukta may extend the said period by a further period of six_ months for thereasons to — — - — be reoorded in Writing (6)_NotWIthstandInganything: contained .in section ' 173of the Code of Criminal Procedure 1973, any agency shall in respect of cases referred to it by the Lokayukta, submit the investigation report under that section to the court having jurisdiction and forWard a copy thereof to the Lokayukta. (7) The _Lokayukta shail consider every report received by_ it under s_ub-section (6) from the investigating agency and after obtaining the comments of the competent authority and thepublic servant may -— — (a) grant sanction to its Prosecution Wing or investigating agency to file charge sheet or direct closure of report before the Special Court against the public servant; , (b) ciirect the _competent authority. to initiate the- departmentai proceedings ornany other appropriate, action against the concerned'pubiic servants. (8) The Lokayukta may, after taking a decision under sub—section (7) on the filing of the‘ chatge—sheet, ' direct its Prosecution \NIng or any investigating agency to initiate prosecution in the Specia‘i Coart in respect of the cases investigated by the agency. ’ (9) The Lokayukta may, during the preliminary inquiry or the investigation as the case may be, pass - appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit. (10) The website of the Lokayukta shall, from time to time and in such manner as may be specified by reguiations display to the public, the status of number of complaints pending before it or disposed of byit. (11) The Lokayukta may retain the originai records and evidences which are iikeiy to be required in the process of preliminaryInquiry or investigation or conduct of - a case by it or by the Special Court. (12) Save as othenivise provided, the manner and procedure of I conducting a preliminary inquiry or investigation (including such materiai and documents to be made available to the public servant) underithis Act,‘ shall be such as may be specified by regulations