(2) The Lokayukta may, in his discretion, refuse to make an inquiry into any complaint specified in sub-section (1) on the grounds specified in sub-section (2) of section 21.
(3) If the Lokayukta decides to proceed further, it shall, ascertain whether there exists a prima facie case for proceeding in the matter. The Lokayukta shall forward the complaint to the concerned public servant for his say; and to the Secretary of the department or the head of the office or competent authority, as the case may be, of the public servant, to call for report on complaint.
(4) The public servant shall send his say and the Secretary of the department or the head of the office or competent authority shall send his report, within ninety days to the Lokayukta from the date of receipt of the reference.
(5) Upon receipt of the say of the public servant and the report of the Secretary of the department or the head of the office or competent authority, as the case may be, if there is no prima facie case according to the report received under sub-section (4), the Lokayukta may, after recording the reasons therefor, close the matter and communicate the same to the complainant and to the public servant concerned; or if there exists a prima facie case to proceed in the matter, the Lokayukta may make recommendations to proceed with one or more of the following actions, namely :-
(a) to recommend to initiate departmental inquiry or any other appropriate action against the concerned public servant by the concerned authority as per the relevant service rules applicable to public servant; or
(b) to decide to make further inquiry under the provisions of this Act.
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Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Establishment of Lokayukta.Section 4 · Appointment of Chairperson and Members.Section 5 · Filling of vacancies of Chairperson or Members.Section 6 · Term of office of Chairperson and Members.Section 7 · Salary, allowances and other conditions of service of Chairperson and Members.Section 8 · Restriction on employment of Chairperson and Members after ceasing to hold office.India Code, Government of India. Text fetched 21 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.