Section 15 in The Himachal Pradesh Lokayukta Act, 2014
15. Provisions relating to complaints and preliminary inquiry and investigation.
(1)The Lokayukta on receipt of a complaint, if it decides to proceed further, may order-(a)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)investigation by any agency, when there exists a prima facie case :Provided that 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 to the Inquiry Wing, constituted under this Act:Provided further that the Inquiry Wing in respect of complaint(s) referred to it under the first proviso, after making preliminary inquiry in respect of public servants, shall submit its report to the Lokayukta in accordance with the provisions contained in sub-sections (2) and (4) and shall proceed in accordance with the provisions of this Act:Provided further that before ordering an investigation under clause (b), the Lokayukta shall call for the explanation of the public servant so as to determine whether there exists a prima facie case for investigation:Provided further that the seeking of explanation from the public servant before an investigation shall not interfere with the search and seizure, if any, required to be undertaken by the Inquiry Wing under this Act.(2)During the preliminary inquiry referred to in sub-section (1), the Inquiry Wing 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)The Lokayukta shall consider every report received under sub-section (2) from the Inquiry Wing or any agency, and after giving an opportunity of being heard to the public servant, decide whether there exists a prima facie case and proceed with one or more of the following actions, namely:-(a)investigation by any agency,(b)initiation of the departmental proceedings or any other appropriate action against the concerned public servant by the competent authority; or(c)closure of the proceedings against the public servant and to proceed against the complainant under section 41.(4)Every preliminary inquiry referred to in sub-section (1) shall ordinarily be completed within a period of ninety 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 expeditiously as possible and complete the investigation within a period of six months from the date of its order :Provided that the Lokayukta may extend the said period by a further period not exceeding six months at a time for the reasons to be recorded in writing.(6)The Lokayukta shall consider every report received by it from any agency and after obtaining the comments of the competent authority and the public servant-(a)may grant sanction to its Prosecution Wing or investigating agency to file charge-sheet or direct the closure of report before the Special Court against the public servant; or(b)may direct the competent authority to initiate the departmental proceedings or any other appropriate action against the concerned public servant.(7)The Lokayukta may, after taking a decision under sub-section (6) on the filing of the charge-sheet direct its Prosecution Wing or any investigating agency to initiate prosecution in the Special Court in respect of the cases investigated by the agency.(8)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.(9)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 and number of complaints pending before it or disposed of by it.(10)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.(11)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, shall be such as may be specified by regulations.
