Section 12 in Haryana Lokayukta Functions Inquiry and Investigation Rules, 1999
12. Procedure in respect of investigation.
Sections 8, 12 and 23(1). - (1) Where the Lokayukta decides to conduct any investigation under these rules, he -(a)shall forward a copy of the complaint or, in the case of any investigation which he proposes to conduct on his own motion, a statement setting out the grounds therefor, to the public functionary concerned and the competent authority.(b)shall afford to the public functionary concerned an opportunity to offer his comments on such complaint or statement; and(c)may make such orders as to the safe custody of documents relevant to the investigation, as he deems fit.(2)Every such investigation shall be conducted in private and, in particular the identity of the complainant and of the public functionary affected by the investigation shall be disclosed to the public or the press or published in any manner whether before, during or after the investigation :Provided that, the Lokayukta may conduct any investigation relating to a matter of public importance, if he, for reasons to be recorded in writing, thinks fit to do so.(3)Save as aforesaid, the procedure for conducting any such investigation shall be such as the Lokayukta considers appropriate in the circumstances of the case.(4)The Lokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint if in his opinion -(a)the complaint is frivolus or vexatious, or is not made in good faith; or(b)there are no sufficient grounds for investigating or, as the case may be, for continuing the investigation; or(c)other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail of such remedies.(5)In any case where the Lokayukta decides not to entertain complaint or to discontinue any investigation in respect of a complaint, he shall record his reasons therefor and communicate the same to the complainant and the public functionary concerned.Form I[See rule 3(1)]Form of ComplaintBefore the Lokayukta, HaryanaComplainant _______ son of d/o, w/o _________________ (add description of profession, residence etc._)In the matter of allegation against ________ S/o, d/o, w/o ________ holding the office of ___________ at ________.The above named complainant is satisfied that the aforesaid public servant :-(i)has knowingly and intentionally abused his position as such to obtain any undue gain ________ or favour to himself or to any other person or to cause undue harm to any other person; and/or(ii)was actuated in the discharge of his functions as such public servant by corrupt motives; and/or(iii)is guilty of corruption; and/or(iv)is in possession of pecuniary resources of property disproportionate to his known source of income and such pecuniary resources or property is held by the public servant personally or by any member of his family or by some other person on his behalf.(Strike out the clause or clauses not relevant to the complaint.)To support the allegations the complainant relies on the following facts and is also filing an affidavit :-(1)(2)(3)(4)The complainant has/has not for the same matter resorted to a remedy by way of proceeding before a tribunal/a court of law/an authority empowered to decide the matter particulars of which are as under :-(Give particulars and result, if any)It is, therefore, prayed that an inquiry be made against the public servant.Signature/right hand thumb mark of the applicant.Verification :I, _______ s/o, d/o, w/o Shri _________, r/o ________ hereby verify that the facts stated by me in paras ________ to ______ in the complaint are true to my personal knowledge and/or the facts stated by me in paras __________ to ________ are based on information received from ______________ (give the name) and/or documents, and the same are believed by me to be true.Signature/right hand thumb mark of the applicant.Form II[See rule 3(1)]Note - This Affidavit should be got prepared on a non-judicial stamp paper worth Rs. 3/- and then it should be got attested from a Magistrate 1st Class.Form of AffidavitI, ______, age ______, s/o, d/o, w/o Shri _________, Profession _________, resident of ___________ tehsil ________ District _____ do hereby solemnly affirm and state as follows :-(1)that I am the complainant in this case;(2)that the statements of this complaint have been read by/read over to me and understood heard by me and these are true to the best of my knowledge and belief;(3)that the facts stated by me in paras __________ to ________ are true to the best of my personal knowledge and facts stated in paras ________ to __________ are based on the information given to me by Shri _________ and/or documents which, I believe to be true.Signature of right thumb mark of the deponent.Place ___________________Dated ___________________Affidavit sworn before me.Certified that the above averment was declared before me on oath/affirmation this _________ day of ____ 199. at _______ in the District of ______ by Shri/Smt./Miss ________ who was identified by Shri/Smt./Miss _______ who is personally known to me. The contents of the above affidavit have been read over and explained to the deponent who admitted the same to be correct and true.__________________________________________Designation of the authority before whom affidavit is sworn.Place __________________Dated ___________________Form III[See rule 6(1)]Form of certificate to be given by the office of the lokayukta to a person for tendering evidence before LokayuktaBefore the Lokayukta, Haryana _________________
