Reports of Lokayukta

Section 16 of the Goa Lokayukta Act, 2011 deals with reports of Lokayukta. (a) If, after investigation of any complaint involving an allegation, the Lokayukta or the Upa-Lokayukta, as the case may be, is satisfied that such allegation is substantiated either wholly or partly, he shall, by report in writing within a period of ninety days from the date of the completion of i

(1) (a) If, after investigation of any complaint involving an allegation, the Lokayukta or the Upa-Lokayukta, as the case may be, is satisfied that such allegation is substantiated either wholly or partly, he shall, by report in writing within a period of ninety days from the date of the completion of inquiry to the Government, communicate his findings and recommendations and as far as possible along with the relevant documents, materials, and other evidence to the competent authority concerned and a copy of the report regarding the findings and recommendations shall be submitted to the Government.

(b) If, after investigation of any complaint involving a grievance, the Lokayukta or the Upa- Lokayukta, is satisfied that in consequence of mal-administration by the public functionary, the complainant has sustained injustice or undue hardship, the Lokayukta or the Upa-Lokayukta, shall by a report in writing recommend to the public functionary and the competent authority concerned, that such injustice or undue hardship shall be remedied or redressed and as such report shall be acted upon as far as possible within 60 days and a report shall be sent to the Lokayukta or Upa-Lokayukta accordingly.

(2) The competent authority shall examine the report forwarded to it under sub-section (1), and within three months of the date of receipt of the report, intimate or cause to be intimated to the Lokayukta or Upa-Lokayukta, as the case may be, the action taken or proposed to be taken, on the basis of the report.

(3) If the Lokayukta or the Upa-Lokayukta, as the case may be, is satisfied with the action taken or proposed to be taken on his recommendation referred to in clause (a) of sub-section (1), he shall close the case under information to the complainant, if any, the public functionary and the competent authority concerned, but where he is not satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the competent authority concerned and the complainant, if any.

(4) The Lokayukta or Upa-Lokayukta shall present annually a consolidated report on the administration of this Act to the Governor.

(5) On receipt of a report under sub-section (4), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before the Legislative Assembly of Goa. 6 [16A. Public functionary to vacate office .- (1) Where, after investigation into a complaint, the Lokayukta or the Upa-Lokayukta is satisfied that the complaint involving an allegation against the public functionary is substantiated and that the public functionary concerned should not continue to hold the office held by him, the Lokayukta or the Upa-Lokayukta shall make a declaration to that effect in his report under clause (a) of sub-section (1) of section 16. The Competent Authority shall, within a period of three months from the date of receipt of the report, either accept or reject such declaration after giving an opportunity of being heard to the public functionary concerned.

(2) If the declaration under sub-section (1) is accepted or rejected within such period of three months, the fact of such acceptance or rejection shall immediately be intimated by the Competent Authority to the Lokayukta or the Upa-Lokayukta, as the case may be, and to the public functionary concerned.

(3) If the declaration under sub-section (1) is not rejected within such period of three months, it shall be deemed to have been accepted by the Competent Authority, on the expiry of the said period of three months and the fact of such deemed acceptance of declaration shall immediately be intimated by the Lokayukta or the Upa-Lokayukta, as the case may be, to the Competent Authority and the public functionary concerned.

(4) If the declaration under sub-section (1) is in respect of a Chief Minister or a Minister, accepted or deemed to have been accepted by the Competent Authority, he may resign from his office.

(5) With effect from the date of intimation of acceptance or deemed acceptance of the declaration, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public functionary,- (i) specified under sub-clauses (iii) to (xi), except sub-clause (ix), of clause (q) of section 2, shall be deemed to have vacated his office;

(ii) specified under sub-clause (ix) of clause (q) of section 2, shall be deemed to have been placed under suspension:

Provided that if the public functionary is a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (Central Act 61 of 1951), the State Government shall take action to keep him under suspension in accordance with the Rules or regulations applicable to his service.]

Section 16, The Goa Lokayukta Act, 2011 (Act 3 of 2012).