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
(49 of 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 (49 of 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.
CHAPTER XI
ASSESSMENT OF LOSS AND RECOVERY THEREOF BY SPECIAL COURT
