Provisions relating to complaints and investigations

 

1.  
• The Lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a combination of the two, or in a case initiated on his own motion, may on perusing the documents, either decide to proceed to enquire or investigate into that complaint or decide, to make such preliminary inquiry before proceeding to enquire or investigate into such complaint or direct any other person to make such preliminary inquiry as it deems fit for ascertaining whether there exists reasonable ground for conducting the investigation. The outcome of such preliminary enquiry, and if the complaint is being closed along with reasons for the same and all material collected during preliminary enquiry, shall be communicated to the complainant. Provided that if any case is closed, all documents related thereto shall thereafter be treated as public. Every month, a list of all such cases shall be put on the website with reasons for closing a case. All material connected with such closed cases will be provided to anyone seeking it under Right to Information Act. Provided further that if the complaint contains verifiable and specific information about misconduct or corruption, then that case shall not be rejected even if the complaint is anonymous. Provided further that no complaint of allegation shall be rejected by questioning the motives or intention of the complainant. Provided further that all hearings before Lokpal shall be video recorded and shall be available to any member of the public on payment of copying costs.
• The procedure for preliminary enquiry of a complaint shall be such as the Lokpal deems appropriate in the circumstances of the case and in particular, the Lokpal may, if it deems necessary to do so, call for the comments of the public servant concerned. Provided that the preliminary enquiry should be completed and a decision taken whether to close a case or to proceed with investigations within one month of receipt of any complaint.
2. Where the Lokpal proposes, either directly or after making preliminary inquiry, to conduct any investigation under this Act, he.-
• may make such order as to the safe custody of documents relevant to the investigation, as it deems fit.
• at appropriate stage of investigations or in the end, it shall forward a copy of the complaint, its findings and copy of the material relied upon to the concerned public servant and the complainant,
• shall afford to such public servant and the complainant an opportunity to offer comments and be heard. Provided that such hearing shall be held in public, except in such rare circumstances, to be recorded in writing, will it be held in camera.
3. The conduct of an investigation under this Act against a Public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation.
4. If, during the course of preliminary inquiry or investigation under this Act, the Lokpal is prima facie satisfied that the allegation or grievance in respect of any action is likely to be sustained either wholly or partly, he may, through an interim order, direct the public servant concerned to stay the implementation or enforcement of the decision or action complained against, or to take such mandatory or preventive action, on such terms and conditions, as he may specify in his order to prevent further harm from taking place.
5. The Lokpal, either during the course of investigations, if it is satisfied that prosecution is likely to be initiated in that case, or at the end of the investigations at the time of initiating prosecution, shall make a list of moveable and immoveable assets of all the accused in that case and shall notify the same. No transfer of the same shall be permitted after such notification. In the event of final conviction, the court shall be empowered to recover loss determined under section 19 of this Act from this property, in addition to other measures.
6. If during the course of investigation or enquiry into a complaint, Lokpal feels that continuance of a public servant in that position could adversely affect the course of investigations or enquiry or that the said person is likely to impact evidence or witnesses, the Lokpal may issue appropriate orders including transfer of that public servant from that position or his suspension. Provided that such orders shall not be passed against the Prime Minister.
7. In case of a grievance, the Lokpal may issue interim orders to the appropriate authority recommending grant of interim relief to the complainant if he is satisfied at any stage of preliminary inquiry on investigation that the complainant has sustained injustice or undue hardship in consequence of any decision or action of a public servant.
8. The Lokpal may, at any stage of inquiry or investigation under this Act, direct through an interim order, appropriate authorities to take such action as is necessary, including suspension of a government servant, pending inquiry or investigation.-
• to safeguard wastage or damage of public property or public revenue by the administrative acts of the public servant;
• to prevent further acts of misconduct by the public servant;
• to prevent the public servant from secreting the assets allegedly acquired by him by corrupt means;
9. Where after investigation into a complaint, the Lokpal is satisfied that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the Lokpal shall pass orders to that effect. In case of public servant being a Minister, Lokpal shall make such recommendation to the President, who shall decide either to accept such recommendation or reject it within a month of its receipt. Provided that the provisions of this section shall not apply to the Prime Minister.
10. If, after enquiry into a grievance and after affording reasonable opportunity of being heard to both the complainant and the public authority, the Lokpal is satisfied that such grievance is substantiated either wholly or partly, he shall,
• Pass appropriate orders directing appropriate authorities to redress the grievance in a manner and within the time prescribed in the order, and
• Direct the appropriate authorities to deduct from the salary of the officials mentioned in the order, such penalty amounts as are directed by Lokpal , which shall not be less than Rs 250 per day of delay calculated from day the time limit mentioned in citizens’ charter for redressing that grievance got over, and 
• Direct the appropriate authorities to compensate the complainant with such amounts as mentioned in the order. 
• Provided that any grievance shall be disposed within 15 days of its receipt. 
• Provided further that if it relates to life and liberty of a person or if the matter is such as to warrant immediate attention and the Lokpal is so satisfied, the same shall be disposed within 48 hours.
11. All records and information of Lokpal shall be public and shall be provided under Right to Information Act, even at the stage of investigation or enquiry, unless release of such information would adversely affect the process of enquiry or investigation.

Provided that no information in any case shall be withheld under Right to Information
Act after the completion of enquiry or investigation.