PRELIMINARY INQUIRY AND INVESTIGATION BY LOKAYUKTA

Investigation.

§24

Summary

(1) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any State Agency to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided that, the Lokayukta may extend the said period not exceeding six months at a time, however the total period shall not be more than twenty-four months in aggregate, for the reasons to be recorded in writing. (2) Every such investigation shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before or during the investigation. (3) Notwithstanding anything contained in 1[section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], the State Agency shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta. (4) The report under sub-section (3) shall be deemed to be a report filed on completion of investigation, referred to in 2[section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)]. (5) The benches specified in sub-section (1) of section 22 shall consider every report received by it under sub-section (1) from any State Agency and may, decide as to- (a) file charge-sheet or closure report, before the Special Court against the public servant subject to the provisions of section 30; (b) recommend to the concerned competent authority to initiate the departmental proceedings or any other appropriate action against the concerned public servant. (6) The Lokayukta may, after taking a decision under sub-section (5) on filing of the chargesheet, direct,- (a) the concerned investigating authority to file charge-sheet in a Special Court in respect of cases investigated by any State Agency; and (b) the concerned to forward a copy of charge-sheet so filed, to the Lokayukta for the purposes of superintendence. (7) 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 the preliminary inquiry or, as the case may be, investigation, as it deems fit. (8) The website of the Lokayukta shall, from time to time, and in such manner as may be specified by regulations, display to the public the status of number of complaints pending before it or disposed of by it. (9) 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. (10) 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.

(1) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any State Agency to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided that, the Lokayukta may extend the said period not exceeding six months at a time, however the total period shall not be more than twenty-four months in aggregate, for the reasons to be recorded in writing. (2) Every such investigation shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the investigation shall not be disclosed to the public or the press whether before or during the investigation. (3) Notwithstanding anything contained in 1[section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], the State Agency shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta. (4) The report under sub-section (3) shall be deemed to be a report filed on completion of investigation, referred to in 2[section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)]. (5) The benches specified in sub-section (1) of section 22 shall consider every report received by it under sub-section (1) from any State Agency and may, decide as to- (a) file charge-sheet or closure report, before the Special Court against the public servant subject to the provisions of section 30; (b) recommend to the concerned competent authority to initiate the departmental proceedings or any other appropriate action against the concerned public servant. (6) The Lokayukta may, after taking a decision under sub-section (5) on filing of the chargesheet, direct,- (a) the concerned investigating authority to file charge-sheet in a Special Court in respect of cases investigated by any State Agency; and (b) the concerned to forward a copy of charge-sheet so filed, to the Lokayukta for the purposes of superintendence. (7) 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 the preliminary inquiry or, as the case may be, investigation, as it deems fit. (8) The website of the Lokayukta shall, from time to time, and in such manner as may be specified by regulations, display to the public the status of number of complaints pending before it or disposed of by it. (9) 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. (10) 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.

← Previous Section Next Section →

Explore this Chapter