Amendment status not verified — confirm the current text below against the official source.
If the Members of a bench consisting of an even number of Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokayukta and such point or points shall be decided according to the opinion of the majority of the Members of the Lokayukta who have heard the case, including those who first heard it. Provisions relating to complaints and preliminary inquiry and investigatio n CHAPTER VII PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND INVESTIGATION 20.(1) The Lokayukta shall, on receipt of a complaint first decide whether to proceed in the matter or close the same and if the Lokayukta decides to proceed further, (a) it shall order the preliminary inquiry against any public servant by its Inquiry Wing or any agency to ascertain whether there exists a prima facie case for proceeding in the matter: or (b) the Lokayukta shall, if it has decided to proceed with the preliminary Inquiry by a general or special order, refer the complaints or a category of complaints or a complaint received by it in respect of public servants belonging to Group “A” or Group “B” or Group “C” or Group “D” to the State Vigilance Commission: State Vigilance Commission in respect of complaints referred to it under the first proviso, after making preliminary inquiry in respect of public 64 servants belonging to Group A and Group B, shall submit its report to the Lokayukta in accordance with the provisions contained in sub-sections (2) and (4) and in case of public servants belonging to Group C and Group D, the Commission shall submit the report to appropriate Officer. The appropriate officer shall be take action within six month and intimate action taken report. (2) During the preliminary inquiry referred to in sub-section (1), the Inquiry 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 the competent authority and after obtaining the comments of the concerned public servant and the competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokayukta . (3) A bench consisting of not less than two Members of the Lokayukta shall consider every report received under sub-section (2) from the Inquiry Wing or any agency (including the Delhi Special Police Establishment), and after giving an opportunity of being heard to the public servant, decide whether there exists a prima facie case, and to proceed with one or more of the following actions, namely:— (a) investigation by any agency or (b) initiation of the departmental proceedings or any other appropriate action against the concerned public servants by the competent authority; (c) Closure of the proceedings against the public servant and to proceed against the complainant under section 46. (4) Every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of sixty days and for reasons to be recorded in writing, within a further period of ninety days from the date of receipt of the complaint. (5) In case the Lokayukta decides to proceed to investigate into the complaint, it shall direct any agency to carry out the investigation as 65 expeditiously as possible and complete the investigation within a period of six months from the date of its order and submit the investigation report containing its findings to the Lokayukta : Provided that the Lokayukta may extend the said period by a further period of six months for the reasons to be recorded in writing. (6) Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency shall, in respect of cases referred to it by the Lokayukta , submit the investigation report to the Lokayukta . (7) A bench consisting of not less than two Members of the Lokayukta shall consider every report received by it under sub-section (6) from any agency and may decide as to— (a) file charge-sheet or closure report before the Special Court against the public servant to prosecution or inquiry wing; (b) initiate the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority. (8) The Lokayukta may, after taking a decision under sub-section (7) on the filing of the charge-sheet, direct its Prosecution Wing or any agency to initiate prosecution in the Special Court in respect of the cases investigated by any agency. (9) The Lokayukta may, during the preliminary inquiry or the investigation, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, investigation as it deems fit. (10) 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. (11) 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. (12) 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, 66 shall be such as may be specified by regulations. Persons likely to be prejudiciall y affected to be heard.