Amendment status not verified — confirm the current text below against the official source.
(1) The Lokayukta, on receipt of a complaint, il it decides to proceed further, may order,- (a) preliminary inquiry against any public servant by its lnquiry Wing or any agency to ascertain whether there exists a prima facie case for proceeding in the matter; or (b) investigation by any agency or authority empowered under any law to investigate, where there exists a prima facie case: Provided that any investigation under this clause shall be ordered only il in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any earlier statutory investigation orenquiry regarding the same complaint reveals that a prima lacie case exists; Provided further that before ordering an investigation under this clause, the Lokayukta shall call forthe explanation of the public servant and views of the competent authority, so as to determine whether there exists a prima facie case for investigation: Provided also that adecision to order investigation under this clause shall be taken by a bench constituted by the Chairperson under section 16. (2) During the preliminary inquiry referred to in sub-section (1), the lnquiry Wing or any agency shall conduct a preliminary inquiry and on the basis of material, information and documents collected, seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments ofthe concerned public servant and competent authority, submit, within sixty days from the date ot receipt ot the reference, a report to the Lokayukta. (3) A bench consisting of not less than two l\,tembers of the Lokayukta shall consider every report received under sub-section (2) from the lnquiry Wing or any agency and after giving an opportunity of being heard to the public servant, decide as lo whetherthere exists a prima facie case, and make recommendations to proceed with one or more ol the following actions, namely :- (a) investigation by any agency (including any special investi- gation agency); 18 (b) initiation of the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority: (c) closure of the proceedings againsl the public servant and take action to proceed against the complainant under section