Procedure of inquiry or investigation

(1) The Lokayukta on receipt of a complaint or in a case initiated on his own motion, may, before proceeding to investigate such complaint or case, make such preliminary inquiry or direct any other person to make such preliminary inquiry as he deems fit for ascertaining whether there exists reasonable ground for conducting the investigation. If on such preliminary inquiry, he finds that there exists no such ground he shall record a finding to that effect and thereupon the matter shall be closed and the complainant shall be informed accordingly. (2) The procedure for verification of a complaint made under sub-section (1) shall be such as the Lokayukta deems appropriate in the circumstances of the case and in particular, the Lokayukta may, if he deems it necessary to do so, call for the comments of the public servant concerned. (3) Where the Lokayukta proposes, after making such preliminary inquiry as he deemed fit to conduct any investigation under this Act, he,- (a) shall forward a copy of the complaint to the public servant concerned; (b) shall afford to such public servant an opportunity to offer his comments on such complaint; (c) may make such order as to the safe custody of documents relevant to the investigation, as he deems fit. (4) The Lokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint, if in his opinion,-. (a) The complaint is frivolous or vexatious or is not made in good faith; (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 such remedies. (5) In any case where the Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint it shall record his reasons therefore and communicate the same to the complainant and the public servant concerned. (6) No anonymous complaint shall be entertained. The complainant will have to disclose his identity to Lokayukta, though he may request that his identity may be kept secret. (7) In case of Secretary to Government and above, investigation or proseution shall be instituted only after obtaining permission of a bench of atleast two members and the Chairperson of Lokayukta. (8) Save as otherwise provided, the manner and procedure of conducting an inquiry or investigation under this Act, shall be such as may be specified by regulations.