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Section 12: Provision for holding preliminary inquiry

The Goa Lokayukta Act, 2011State Act of Goa · Act 3 of 2012

(1) The Lokayukta or Upa-Lokayukta, on receipt of a complaint under section 11 or a reference under sub- -section (2) of section 9 or in a case initiated on his own motion may, before proceeding to investigate such complaint or reference or case, as the case may be, make such preliminary inquiry as he deems fit for ascertaining whether there exists reasonable ground for conducting investigation. If, on such preliminary inquiry he finds that:—

(a) the complaint is frivolous or vexatious or is not made in good faith; or

(b) there are no sufficient grounds for proceeding further; 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 of such remedies;

he shall record a finding to that effect and thereupon the matter shall be closed and the complainant, the public functionary and the competent authority shall be informed accordingly.

(2) The procedure for conducting inquiry in respect of a complaint under sub-section (1) shall be such as the Lokayukta or Upa-Lokayukta deems appropriate in the circumstances of the case and in particular, the Lokayukta or Upa-Lokayukta may, if he deems it necessary so to do, call for the comments of the public functionary concerned.

(3) The Lokayukta or the Upa-Lokayukta may make such order as to the safe custody of documents or any other evidence relevant to the inquiry and investigation as he deems fit.

Where this provision sits

ActThe Goa Lokayukta Act, 2011
Section12
Marginal noteProvision for holding preliminary inquiry
JurisdictionState of Goa
StatusIn force as published by the source

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