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State of Tripura - Section

Section 11 in Tripura Lokayukta Act, 2008

11. Procedure in respect of investigation.

(1)Where the Lokayukta is satisfied on preliminary enquiry that the complaint needs investigation he-
(a)shall forward a copy of the complaint, a statement setting out the grounds of such investigation, to the public functionary concerned and the competent authority concerned for information;
(b)shall give the public functionary concerned an opportunity to offer his comments on such complaint or statement; and
(c)may make such order as to the safe custody of documents relevant to the investigation as he deems fit.
(2)
(a)Every preliminary enquiry referred to in sub-section (1) shall be made in private and, in particular, the identity of the complainant and of the public functionary affected by such preliminary enquiry shall not be made public, whether before or during such preliminary enquiry, but the result of every investigation made under subsection (1) shall be made public.
(b)Every such investigation shall be completed as early as possible but in no case the period of such investigation shall exceed one year.
(3)
(a)Save as otherwise provided in the foregoing provisions of this section, the procedure for making any investigation shall be such as the Lokayukta considers appropriate in the circumstances of each case, but regard shall always be given to the principles of natural justice.
(b)For the purpose of investigation under this Act, the Lokayukta may, with the concurrence of the State Government, utilize the services of any officer or investigating agency including the Police of that Government and such officer or investigating agency including the Police shall do all such act or deed, which shall be essential for such investigation.
(4)The Lokayukta may, in his discretion, refuse to investigate, or discontinue the investigation of any complaint involving any allegation 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 investigation 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 decides to discontinue any investigation in respect of the complaint, he shall record his reasons there for and communicate the same to the complainant, the public functionary and the competent authority.