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State of Gujarat - Section

Section 8 in The Gujarat Lokayukta Act, 1986

8. Matters not subject to investigation.

(1)The Lokayukta shall not investigate any action,-
(a)in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquires) Act, 1850 (37 of 1850) with his prior concurrence, or
(b)in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952 (60 of 1952), on his recommendation or with his prior concurrence or by the State Government under the proviso to sub-section (2) of section 7, or
(c)in respect of a matter which has been inquired into under the enactments referred to in clauses (a) and (b) or has been finally decided by a competent Court.
(2)The Lokayukta shall not investigate any complaint which is excluded from his jurisdiction by virtue of a notification issued under section 20.
(3)The Lokayukta shall not inquire into any matter concerning any person if he has any bias in respect of such matter or person and if any dispute arises in this behalf, the Governor shall, on a application made by the party aggrieved, obtain in such manner as may be prescribed, the opinion of the Chief Justice of the High Court and decide the dispute in conformity with such opinion.
(4)The Lokayukta shall not inquire into any complaint if the complaint is made after the expiry of five years from the date on which the action mentioned in such complaint is alleged to have been taken.