Procedure in respect of investigation

Procedure in respect of investigation. 10.

1. (1) Where the Lokayukta proposes after making such preliminary inquiry as he deems fit to conduct any inquiry or investigation under this Act, he:-
   • (a) shall forward a copy of the complaint or in the case of any inquiry or investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefore, to the public servant concerned and the competent authority concerned;
   • (b) shall afford to the public servant concerned an opportunity to offer his comments on such complaint or statement; and
   • (c) may make such orders as to the safe custody of documents relevant to the inquiry or investigation as he deems fit.
2. (2) Every such inquiry or investigation shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before, during or after the investigation: Provided that the Lokayukta may conduct any investigation relating to a matter of definite public importance in public, if he, for reasons to be recorded in writing, thinks fit to do so.
3. (3) Save as aforesaid the procedure for conducting any such inquiry or investigation shall be such as the Lokayukta considers, appropriate in the circumstances of the case.
4. (4) The Lokayukta may, in his discretion refuse to inquire or investigate or cease to investigate any complaint involving a grievance or an allegation, if in his opinion-
   • (a) the complaint is frivolous or vexatious or is not made in good faith, or
   • (b) there are no sufficient grounds for investigating or, as the case may be for continuing the investigation; or
   • (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: Provided that once the Lokayukta decides to proceed to investigate any complaint involving a grievance or an allegation, no other authority or investigating agency shall entertain or investigate any subject matter covered under such complaint.
5. (5) In any case where the Lokayukta decides not to entertain a complaint or to discontinue any inquiry or investigation in respect of a complaint, he shall record his reasons thereof and communicate the same to the complainant and the public servant concerned.
6. (6) The conduct of an inquiry or investigation under this Act in respect of any action shall not affect such action, or any power or duty of any public servant to take further action with respect to any matter subject to the inquiry or investigation.
7. (7) Whoever makes a false or frivolous complaint shall on conviction be punished with rigorous imprisonment which may extend to three years or with fine which may extend to five thousand rupees or with both and the court may order that out of the amount of fine such sum as it may deem fit be paid by way of compensation to the person against whom such complaint was made; Provided that no court shall take cognizance of an offence punishable under this section except a complaint made by or under the authority of the Lokayukta;