(1) Where the Lokayukta or Upa-Lokayukta after making such preliminary verification as he deems fit, proposes 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;
35. Section 9(1) substituted by Act No.11 of 2011.
Provision relating to complaints.
Procedure in respect of investigations.
[Act No.11 of 1983] 15
(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 safe custody of documents relevant to the investigation as he deems fit.
(2) (a) Every preliminary verification referred to in subsection (1) shall be conducted in private and in particular, the identity of the complainant and of the public servant affected by the said preliminary verification shall not be disclosed to the public or the press, whether before or during the preliminary verification, but every investigation referred to in sub-section (1) shall be conducted in public:
Provided that the Lokayukta or Upa-Lokayukta may conduct any such investigation in private, if he, for reasons to be recorded in writing thinks fit to do so.
36[(b) The Lokayukta or Upa-Lokayukta as the case may be shall make an endeavour to complete the investigation within a period of one year from the date of issue of notice in Form No.VII as prescribed in the rules to the public servants; and where it is unable so to do he shall record his reasons for such inability.]
(3) Save as aforesaid, the procedure for conducting any investigation shall be such as the Lokayukta or as the case may be, the Upa-Lokayukta considers appropriate in the circumstances of each case.
(4) The Lokayukta or Upa-Lokayukta may, in his discretion, refuse to investigate or discontinue the investigation of any complaint involving any allegation if in his opinion-
36. Substituted by Act No.1 of 2007.
16 [Act No.11 of 1983]
(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 be more proper for the complainant to avail of such remedies.
(5) In any case where the Lokayukta or Upa-Lokayukta decides not to entertain a complaint or to discontinue any investigation in respect of the complaint, he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.