Provisions relating to complaints and preliminary inquiry and investigation

(1) The Lokayukta, on receipt at a complaint, it it decides to proceed further, may order- (a) preliminary inquiry against any public servant by its Inquiry Wing or any agency to ascertain whether there exists a prima facie case tor proceeding in the matter; or (b) investigation by any agency or authority empowered under any law to investigate, where there exists a prima facie case: Provided that any investigation under this clause shall be ordered only if in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any earlier statutory investigation or enquiry regarding the same complaint reveals that a prima facie case exists: Provided further that before ordering an investigation under this clause, the Lokayukta shall call for the explanation of the public servant and views of the competent authority, so as to determine whether there exists a prima facie case for investigation: (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) The Lokayukta shall consider every report received under sub-section (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 servant by the competent authority; (c) closure of the proceedings against the public servant and take action to proceed against the complainant under Section 36. (4) The promotion and other service benefits of a public servant mentioned in clauses (e) to (h) of sub-section (1) of section 13 shall be dealt with as per the provisions of law appliasble to such cases. (5) Every preliminary inquiry referred to in sub-section (1) shall be completed within a reasonable period, as may be specified. (6) In case the Lokayukta decides to proceed to investigate into the complaint, it shall, by order in writing, direct any investigating agency (including any special agency) to carry out the investigation within such period, as may be specified therein and submit report. (7) Any investigating agency (including any special agency) shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta. (8) The Lokayukta shall consider every report received by it under sub-section (7) from any investigating agency (including any special agency) and may, decide as to - (a) filing of charge-sheet or closure report before the Special Court against the public servant: or (b) initiating the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority. (9) The Lokayukta may, after taking a decision under sub-section (8) on the filing of the charge-sheet, direct its Prosecution Wing to initiate prosecution as per the procedure in a Special Court in respect of cases investigated by any investigating agency (including any special agency) or may forward the report to the concerned Wing of the State Government for prosecution with a further direction to pursue the matter in the Special Court and intimate the Lokayukta from time to time about the orocress and outcome of the prosecution: Provided that where the Lokayukta chooses to forward the findings to a prosecuting agency of the State Government for filing a case in the Special Court, such agency shall comply with the direction of the Lokayukta without fail and in the event of cerautt or negligence on the part of the prosecuting agency, its official shall be liable to such disciplinary action as may be directed in this behalf. (10) 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 preliminary inquiry or, as the case may be, investigation, as it deems fit. (11) The Lokayukta shall maintain the record of such documents in such manner as it may direct. (12) 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. (13) 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.