Functioning of LokPal :- Investigation Scope

Matters which may be investigated by the Lokpal–

Subject to the provisions of this Act, the Lokpal  may investigate any action which is taken by or with the general or specific approval of a public servant where a complaint involving a grievance or an allegation is made in respect of such action.

Provided that the Lokpal may also investigate such action suo moto or if it is referred to it by the

government, if such action can be or could have been in his recorded opinion, subject of a grievance or

an allegation.

Matters not subject to investigation:-

1. The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect of any action-
• if the complainant has or had, any remedy by way of appeal, revision, review or any other remedy before any other authority provided in any other law and he has not availed of the same.
• Taken by a judicial or quasi-judicial body, unless the complainant alleges malafides
• If the substance of the entire grievance is pending before any court or quasi-judicial body of competent jurisdiction.
• any grievance where there is inordinate and inexplicable delay.
2. Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which is taken by or with the approval of the Presiding Officer of either House of Parliament.
3. The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy.
4. Nothing in this section shall bar Lokpal from entertaining a complaint making an allegation of misconduct or corruption or a complaint from a whistleblower seeking protection.