Initiation of prosecution.

General199826 sections

Statutory text

(1) The Commission, after inquiry, inspection or as the case may be the investigation under the provisions of this Act, is satisfied that a person has committed any criminal offence may recommend to the State Government or the appropriate authority, as the case may be, to institute legal proceedings or prosecution in the matter and may also recommend to the State Government or the appropriate authority, to appoint a counsel or a special public prosecutor for the conduct of any such legal proceedings or prosecution; and the State Government may, having regard to the nature of the case and on being satisfied that it is necessary, in its opinion, to appoint a counsel or special public prosecutor, do so.
(2) The State Government or the appropriate authority, as the case may be, shall communicate in writing to the Commission, from time to time, the progress of any such legal proceeding or prosecution filed on the recommendation of the Commission.
(3) The State Government or the appropriate authority shall not apply for withdrawal of any such case or proceedings instituted under sub-section (1), without the prior consultation, in writing, with the Commission.

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