Amendment status not verified — confirm the current text below against the official source.
('1 ) The Lokayukta, on receipt of a complaint, if 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 facle 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 underthis clause shall beordered only ff in the opinion of the Lokayukta there is substantial material relating to the existence of a prima facie case or any eariier statutory investigation orenquiry regarding the same complaint reveals that a prima facie case exists: Provided further that before ordering an investigation under this clause, the Lokayukta shall call for the explanation of the public seNant and views of the competent authority, so as to determine whether there exists a prima facie case for investigation: Provided also that a decision 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 afler obtaining the mmments of the concerned public servant and competent authority, submrt, within sixty days from the date of receipt of the reference, a report to the Lokayukta. (3) A bench consisting ofnot less than two Members ofthe Lokayukta shallconsider 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 to whether there exists a prima facie case, and make recommendations to proceed with one or more of the following actions, namely :- (a) investigation by any agency (including any special investigation agency); (b) initiation of the departmental proceedings or any other appropriate actlon against the concerned public servant by the competent authority; (c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 46, (4) The promotion and other service benefits of a pubiic servant mentioned in clauses (e) lo (h) of sub- section (1) of section 14 shall not be affected until the public servant is put under suspension on recommendation ofthe Lokayukta under section 32 or charge sheet is flled afler completion of inves- tigation underclause (a) ofsub-section (3) or a charge memo is issued againstthe said public servant in a disciplinary proceeding initiated on the recrmmendation ofthe Lokayukta under clause (b) of sub- section (3). (5) Every preliminary inquiry referred to in sub-seclion (1) shallordinarily be completed within a period of ninety days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt ofthe complaint. (6) ln case the Lokayukta decides to proceed to investigate into the complaint, it shall, by order in writing, direct any investibating 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 that the 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. The Arunachal Pradesh Extraordina ry Gazette , May 20, 2O'14 (7) Notwithstanding anything contained in section 173 of the Code of Criminal procedure, 1973, any investigating agency (including any special agency) shall, in respect of cases refened to it by the Lokayukta. submit the investigauon 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 to- (a) filing of charge-sheet or closure report before the Special Court against the public servant; (b) initiating the dePartmental proceedings or any other appropriate aclion against the concerned public servant by the competent authority_ (9) The Lokayukta may, after laking 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 of 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 appropriale orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation, as it deems fit. (11) The website of 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 of 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 inquiryor 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.