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Section 8

The West Bengal Lokayukta Act, 2003State Act of West Bengal · Act 35 of 2003

(1) The Lokayukta or Upa-Lokayukta shall not investigate any complaint,—

(a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850, or 37 of 1850.

(b) in respect of a matter which has been referred to a Commission of Inquiry appointed under the Commissions of Inquiry Act, 1952, for 60 of 1952.

inquiry, or

(c) where disciplinary action for the same matter has already been initiated or is contemplated.

(2) The Lokayukta or tipa-Lokayukta shall not investigate any complaint, if such complaint is made after the expiry of six months from the date on which the action complained of is alleged to have taken place:

Provided that the Lokayukta or Upa-Lokayukta may, on being satisfied on the facts and circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interest of justice, condone the delay and investigate the complaint.

(3) The Lokayukta or Upa-Lokayukta shall not, except on a reference by a court of law, investigate any matter which is under adjudication by such court of law.

Where this provision sits

ActThe West Bengal Lokayukta Act, 2003
Section8
JurisdictionState of West Bengal
StatusIn force as published by the source

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