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(1) Every preliminary inquiry referred to in clause (b) of Preliminary sub-section (2) of section 22 shall ordinarily be completed within a period of ninety days from the date of order of preliminary inquiry and for reasons to be recorded in writing, within a further period of ninety days. The preliminary inquiry report shall be submitted to the Lokayukta. (2) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall take the assistance of the concerned Secretary to the State Government for the purpose of conducting preliminary inquiry. (3) For the purposes of assisting the Lokayukta in conducting preliminary inquiry under this Act, as provided in clause (b) of sub-section (2) of section 22, the concerned Secretary to the State Government shall have the same powers as are conferred upon the Lokayukta under section 35. (4) A preliminary report received under sub-section (1) shall be considered by the benches specified in section 22. (5) If there is no prima facie case according to the report received under sub-section (1), after recording the reasons therefor, close the matter and communicate the same to the complainant and the public servant concerned; or if there exists a prima facie case to proceed in the matter or investigation, the bench shall make recommendations to proceed with one or more of the following actions, namely :- (a) may direct for investigation by any State Agency of the State Government; or (b) in case of closure of the proceedings, the bench may take action to proceed against the complainant under section 51. (6) Before ordering preliminary inquiry under clause (b) of sub-section (2) of section 22 or an investigation under clause (a) of sub-section (5) of this section, the Lokayukta shall call for the explanation of the public servant: Provided that, the seeking of an explanation from the public servant before an inquiry or an investigation shall not interfere with the search and seizure, if any, required to be undertaken by any State Agency under this Act.
<span style="margin-left:15px;"></span>(<i>1</i>) Every preliminary inquiry referred to in clause <i>(b)</i> of Preliminary sub-section (<i>2</i>) of section 22 shall ordinarily be completed within a period of ninety days from the date of order of preliminary inquiry and for reasons to be recorded in writing, within a further period of ninety days. The preliminary inquiry report shall be submitted to the Lokayukta.<br> <span style="margin-left:15px;"></span>(<i>2</i>) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall take the assistance of the concerned Secretary to the State Government for the purpose of conducting preliminary inquiry.<br> <span style="margin-left:15px;"></span>(<i>3</i>) For the purposes of assisting the Lokayukta in conducting preliminary inquiry under this Act, as provided in clause <i>(b)</i> of sub-section (<i>2</i>) of section 22, the concerned Secretary to the State Government shall have the same powers as are conferred upon the Lokayukta under section 35.<br> <span style="margin-left:15px;"></span>(<i>4</i>) A preliminary report received under sub-section (<i>1</i>) shall be considered by the benches specified in section 22.<br> <span style="margin-left:15px;"></span>(<i>5</i>) If there is no <i>prima facie</i> case according to the report received under sub-section (<i>1</i>), after recording the reasons therefor, close the matter and communicate the same to the complainant and the public servant concerned; or if there exists a <i>prima facie</i> case to proceed in the matter or investigation, the bench shall make recommendations to proceed with one or more of the following actions, namely :-<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span>(<i>a</i>) may direct for investigation by any State Agency of the State Government; or<br> <span style="margin-left:15px;"></span><span style="margin-left:15px;"></span><i>(b)</i> in case of closure of the proceedings, the bench may take action to proceed against the complainant under section 51.<br> <span style="margin-left:15px;"></span>(<i>6</i>) Before ordering preliminary inquiry under clause <i>(b)</i> of sub-section (<i>2</i>) of section 22 or an investigation under clause (<i>a</i>) of sub-section (<i>5</i>) of this section, the Lokayukta shall call for the explanation of the public servant:<br> <span style="margin-left:15px;"></span>Provided that, the seeking of an explanation from the public servant before an inquiry or an investigation shall not interfere with the search and seizure, if any, required to be undertaken by any State Agency under this Act. <br>