Section 8 in Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971
8. Matters not subject to investigation.
(1)Except as hereinafter provided, the Lokayukta or an Upa-Lokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action,-(a)if such action relates to any matter specified in the Third Schedule; or(b)if the complainant has or had any remedy by way of proceedings before any tribunal or court of law:Provided that, the Lokayukta or an Upa-Lokayukta may conduct an investigation notwithstanding that the complainant had or has such a remedy if the Lokayukta or, as the case may be, the Upa-Lokayukta is satisfied that such person could not or cannot, for sufficient cause, have recourse to such remedy.(2)The Lokayukta or an Upa-Lokayukta shall not investigate any action,-(a)in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850 [* * *] [The words 'with the prior concurrence of the Lokayukta' were deleted by Maharashtra 14 of 1989, section 2.] or;(b)in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952, [* * *] [The words 'with the prior concurrence of the Lokayukta' were deleted by Maharashtra 14 of 1989, section 2.].(3)The Lokayukta or an Upa-Lokayukta shall not investigate any complaint involving a grievance against a public servant referred to in sub-clause (iv) of clause (k) of section 2.(4)The Lokayukta or an Upa-Lokayukta shall not investigate any complaint which is excluded from his jurisdiction by virtue of a notification issued under section 18.(5)The Lokayukta or an Upa-Lokayukta shall not investigate,-(a)any complaint involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant;(b)any complaint involving an allegation, if the complaint is made after the expiry of three years from the date on which the action complained against is alleged to have taken place:Provided that, the Lokayukta or an Upa-Lokayukta may entertain a complaint referred to in clause (a), if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause.(6)In the case of any complaint involving a grievance nothing in this Act shall be construed as empowering the Lokayukta or an Upa-Lokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion can prima facie be regarded as having been improperly exercised.
