Section 10: Procedure in respect of investigations

(1) Where the Lokayukta or an UpLokayukta proposes (after making such preliminary inquiry as he deems fit) to conduct any investigation under this Act, he- (a) shall forward a copy of the complaint or, in the case of any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, to the public servant concerned and the competent authority concerned; (b) shall afford to the public servant concerned an opportunity to offer his comments on such complaint or statement; and (c) may make such orders as to the custody of documents relevant to the investigation, as he deems fit. (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, during or after the investigation: Provided that, the Lokayukta or an Up-Lokayukta may conduct any investigation relating to a matter of definite public importance in public, if he, for reasons to be recorded in writing, thinks fit to do so. (3) Save as aforesaid the procedure for conducting any such investigation shall be such as the Lokayukta or, as the case may be the Up -Lokayukta considers appropriate in the circumstances of the case. (4) The Lokayukta or an Up-Lokayukta may, in his discretion refuse to investigate or cease to investigate any complaint involving an allegation, if in his opinion- (a) the complaint is frivolous or vexatious, or is not made in good faith; or (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 the more proper for the complainant to avail of such remedies. (5) In any case where the Lokayukta or an Up-Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned. (6) The conduct of an investigation under this Act, in respect of any action shall not affect such action, or any power or duty of any public servant to take further action with respect to any matter subject to the investigation.