Bare ActsThe ABUNACHAL PRADESH LOKAYUKTA ACT,2014

Section 46

Amendment status not verified — confirm the current text below against the official source.

(4) The promotion and other service benefits of a public servant mentioned in clauses (e) to (h) of sub-section (1) of section 14 shall not be affected untilthe public servant is put under suspension on recommendalion ol the Lokayukta under section 32 or charge sheet is filed after completion of investigation under clause (a) of sub-section (3) or a charge memo is issued against the said public servant in adisciplinary proceeding initiated on the remmmendation of the Lokayukta under clause (b) of sub-section (3). (5) Every preliminary inquiry referred to in sub'section (1) shall ordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days lrom the date of receipt of the complaint. (6) ln case the Lokayukta decides to proceed to investigate into the complaint, it shall, by order in writing, direct any investigating agency (including any special agency) to carry out the investigation as expeditiously as possible and complete the investigation within a period of six months from the date of its order: Provided thatthe Lokayukta, for the reasons to be recorded in writing, may extend the said period by a further period not exceeding six months at a time and for the maximum period of two years. (7) Notwithstanding anything contained in section 173 ol the Code of Criminal Procedure, 1973, any investigating agency (including any special agency) shall, in respect of cases referred to it by the Lokayukta, submit the investigation report to the Lokayukta. (8) A bench consisting of not less than two Members of the Lokayukta shall consider every report received by it under sub-section (7) from any investigating agency (including any special agency) and may, decide as lo-- (a) liling ol charge-sheet or closure report belore the Special Court against the public servant; (b) initiating the departmental proceedings or any other appropriate action against the concerned public servant by the competent aulhority. 19 (9) The Lokayukta may. after taking a decision under sub-section (8) on the filing of the charge sheet, direct its Prosecution Wing to initiate prosecution in a Special Court in respect ol cases investigated by any investigating agency (including any special agency). (10) The Lokayukta may, during the preliminary inquiry or the investigation. as the case may be, pass appropriate orders for the safe custody ol the documents relevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit. (11) The website ol the Lokayukta shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed ol by it. (12)The Lokayukta may retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or investigation or conduct of a case by it or by the Special Court. (13) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or investigation (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specified by regulations.

Section 46 – The ABUNACHAL PRADESH LOKAYUKTA ACT,2014 | DailyLaw.ai