Initiation of Prosecution

(1) Without prejudice to the generality of the provisions contained in section 197 of the Code of Criminal Procedure, 1973 or section 19 of the Prevention of Corruption Act, 1988, the Lokayukta shall have the power to grant sanction for prosecution for any matter pending before it or for enquiry or investigation into any complaint against any public servant. (2) No prosecution under sub-Section (1) shall be initiated against any public servant accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, and no court shall take cognizance of such offence except with the previous approval of the Lokayukta. (3) Nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding office in pursuance of the provisions of the Constitution and in respect of which a procedure for removal of such person has been prescribed therein. (4) The provisions contained in sub-Sections (1) to (3) shall be without prejudice to the generality of the provisions contained in Article 311 and Article 320(3)(c) of the Constitution of India.