Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 4] [Entire Act]

State of Gujarat - Section

Section 10 in The Gujarat Lokayukta Act, 1986

10. Procedure in respect of investigations.

(1)Where the Lokayukta decides to conduct any investigation under this Act, 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 concerned;
(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 not be disclosed to the public or the press published in any manner whether before, during or after the investigation:Provided that, the Lokayukta may conduct any investigation relating to a matter of definite public importance in public, if he, for reasons to be recorded in writing, thinks fit to do.
(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 frivolous 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 a 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.
(6)The conduct of an investigation under this Act in respect of any action shall not affect such action, or any power or duty of any public functionary to take further action with respect to any matter subject to the investigation.
(7)Whoever discloses to the public or to the press any information or publishes such information in contravention of the provisions of this section shall, on conviction, be punished with imprisonment for a term which may extend to two years and shall also be liable to fine.