section 8
Matters not subject to inquiry or investigation
Sikkim Lokayukta Act, 2012General201220 sections
Statutory text
- (1) Except as hereinafter provided, the Lokayukta shall not conduct any inquiry or investigation under this Act in the case of a complaint involving a grievance in respect of any action,-
- (a) if such action relates any matter specified in the Second Schedule.
- (2) The Lokayukta shall not inquire or investigate any action,-
- (a) in respect of which a formal and public inquiry has been ordered under the Public Servants’ Inquiries Act, 1950; or
- (b) in respect of a matter which has been referred for inquiry under the Commission of Inquiry Act, 1952; and all such cases shall be mentioned in the annual report presented under sub-section
- (6) of Section 12.
- (3) The Lokayukta shall not inquire or investigate,-
- (a) any complaint involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant; and
- (b) any complaint involving an allegation, if the complaint is made after the expiry of five years from the date on which the action complained against is alleged to have taken place: Provided that the Lokayukta may entertain a complaint referred to in clause (a), if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause.
- (4) In the case of any complaint involving a grievance nothing in this Act shall be construed as empowering the Lokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion cannot be regarded as having been properly exercised.
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