Chapter VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION

1. (1) The Lokayukta shall, on receipt of a complaint, first decide whether to proceed in the matter or close the same and if the Lokayukta decides to proceed further, it shall order the preliminary inquiry against any public servant by its Inquiry Wing or any agency (including any special investigation agency) to ascertain whether there exist a prima facie case for proceeding in the matter.
2. (2) During the preliminary inquiry referred to in sub section (1), the Inquiry Wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected, seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokayukta.
3. (3) A bench consisting of not less than three Members of the Lokayukta shall consider every report received under sub-section
4. (2) from the Inquiry Wing or any agency and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely:—
   • (a) investigation by any agency (including any special investigation agency);
   • (b) initiation of the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority;
   • (c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 47.
5. (4) Every preliminary inquiry referred to in sub-section
6. (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.
7. (5) In case the Lokayukta decides to proceed to investigate into the complaint, it shall either direct any investigation agency (including any special agency) to carry out the investigation as expeditiously as possible and 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 not exceeding six months at a time for the reasons to be recorded in writing.
8. (6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any investigation agency (including any special agency) shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta.
9. (7) A bench consisting of not less than three Members of the Lokayukta shall consider every report received by it under sub-section
10. (6) from any investigation agency (including any special agency) and may, decide as to –
    • (a) file charge-sheet or closure report before the Special Court against the public servant;
    • (b) initiate the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority.
11. (8) The Lokayukta may, after taking a decision under sub-section
12. (7) on the filing of the charge- sheet, direct its Prosecution Wing to initiate prosecution in a Special Court in respect of cases investigated by any investigation agency (including any special agency),—
    • (a) its Prosecution Wing to initiate prosecution in the Special Court in respect of the cases investigated by the investigation agency (including any special agency); or
    • (b) any other agency in respect of the cases investigated by such agency on the direction of Lokayukta to obtain its approval and thereafter initiate prosecution in the Special Court and forward a copy of charge-sheet filed by it under this clause to the Lokayukta for the purposes of superintendence .
13. (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.
14. (10) The website of the Lokayukta shall, from time to time and in such manner as may be specified by regulations, display to the public the status of number of complaints pending before it or disposed of by it.
15. (11) The Lokayukta may retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court.
16. (12) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.

If, at any stage of the proceeding, the Lokayukta –

1. (a) considers it necessary to inquire into the conduct of any person other than the accused; or
2. (b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the preliminary inquiry, the Lokayukta shall give to that person a reasonable opportunity of being heard in the preliminary inquiry and to produce evidence in his defence, consistent with the principles of natural justice.

Subject to the provisions of this Act, for the purpose of any preliminary inquiry or investigation, the Lokayukta or the investigating authority, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such preliminary inquiry or investigation, to furnish any such information or produce any such document.

1. (1) No sanction or approval of any authority shall be required by the Lokayukta for conducting investigation by any agency in respect of the cases investigated by such agency on the direction of the Lokayukta, under section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, as the case may be, for the purpose of making preliminary inquiry by the Inquiry Wing or investigation by any agency into any complaint against any public servant or for filing of any charge sheet or closure report on completion of investigation in respect thereof before the Special Court under this Act.
2. (2) A Special Court may, notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, on filing of a charge sheet on completion of investigation, by the Lokayukta or any officer authorised by it in this behalf, take cognizance of offence committed by any public servant.
3. (3) Nothing contained in sub-sections
4. (1) and
5. (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been specified therein.
6. (4) The provisions contained in sub-sections (1),
7. (2) and
8. (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause
   • (c) of clause
9. (3) of article 320 of the Constitution.

Where, after the conclusion of the investigation, the findings of the Lokayukta disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause

1. (a) or clause
2. (b) or clause
3. (c) of sub-section

1. (1) of section 14, the Lokayukta may file a case in the Special Court and shall send a copy of the report together with its findings to the competent authority.