The Lokpal and Lokayuktas Act, 2013
38. Complaints against officials of Lokpal.
1. Every
complaint of allegation or wrongdoing made against any officer or employee or
agency (including the Delhi Special Police Establishment), under or associated
with the Lokpal for an offence punishable under the Prevention of Corruption
Act, 1988 shall be dealt with in accordance with the provisions of this
section.
2. The
Lokpal shall complete the inquiry into the complaint or allegation made within
a period of thirty days from the date of its receipt.
3. While
making an inquiry into the complaint against any officer or employee of the
Lokpal or agency engaged or associated with the Lokpal, if it is prima facie
satisfied on the basis of evidence available, that-
a.
continuance of such officer or employee of the Lokpal or agency
engaged or associated in his post while conducting the inquiry is likely to
affect such inquiry adversely; or
b.
an officer or employee of the Lokpal or agency engaged or
associated is likely to destroy or in any way tamper with the evidence or
influence witnesses, then, the Lokpal may, by order, suspend such officer or
employee of the Lokpal or divest such agency engaged or associated with the
Lokpal of all powers and responsibilities hereto before exercised by it.
4. On the
completion of the inquiry, if the Lokpal is satisfied that there is prima
facie evidence of the commission of an offence under the Prevention of
Corruption Act, 1988 or of any wrongdoing, it shall, within a period of fifteen
days of the completion of such inquiry, order to prosecute such officer or
employee of the Lokpal or such officer, employee, agency engaged or associated
with the Lokpal and initiate disciplinary proceedings against the official
concerned:
Provided that no such order shall be passed without giving such
officer or employee of the Lokpal, such officer, employee, agency engaged or
associated, a reasonable opportunity of being heard.