Section 38 of LLA : Section 38: Complaints Against Officials Of Lokpal

Explanation using Example

Imagine a scenario where a senior investigator within the Lokpal organization is accused of taking bribes to suppress evidence in a high-profile corruption case. A complaint is filed against this investigator under Section 38 of The Lokpal and Lokayuktas Act, 2013.

Following the complaint, the Lokpal initiates an inquiry as per the act. Given the serious nature of the allegations and the potential for the accused to tamper with evidence or influence witnesses, the Lokpal decides to suspend the investigator to ensure a fair investigation, as outlined in Section 38(3).

The inquiry is completed within the stipulated 30-day period, and the Lokpal finds prima facie evidence suggesting the investigator did engage in corruption. Consequently, within fifteen days of completing the inquiry, the Lokpal orders prosecution under the Prevention of Corruption Act, 1988, and initiates disciplinary proceedings against the investigator, as specified in Section 38(4). However, before passing the order, the investigator is given an opportunity to be heard, ensuring due process is followed.