SECTION- 8. Matters not subject to investigation -

(1) Except as hereinafter provided, the Lokayukta or an Up-Lokayukta shall not conduct any investigation under this Act-

(a) except on a complaint made under in accordance with section 9 ; or
(B) in the case of a complaint involving a grievance in respect of any action,-
(i) if such action relates to any matter specified in the Third Schedule ; or
(ii) if the complainant has or had any remedy by way of proceeding before any Tribunal or Court of law :
Provided that nothing is sub-clause (ii) shall prevent the Lokayukta or an Up-Lokayukta from conducting an investigation if he is satisfied that such person could not or cannot, for sufficient cause, have recourse to a remedy referred to in that sub-clause.

(2) The Lokayukta or an Up-Lokayukta shall not investigate any action,-

(a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850 (Central Act 37 of 1850), by the Government of India or by the State Government ; or
(b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952 (Central Act 60 of 1952), by the Government of India or by the State Government.

(3) The Lokayukta or an Up-Lokayukta shall not investigate any complaint which is excluded from his jurisdiction by virtue of a notification issued under section 19.

(4) The Lokayukta or an Up-Lokayukta shall not investigate,-
(a) any complaint involving a grievance, if the complaint is made after the expiry of twelve months from the date on which the action complained against becomes known to the complainant ;
(b) any complaint involving an allegation, if the complaint is made after the expiry of five years from the date on which the action complained against is alleged to have taken place :
Provided that the Lokayukta or an Up-Lokayukta may entertain a complaint referred to in clause (a), if the complainant satisfies him that he had sufficient cause for not making the complaint within the period specified in that clause.

(5) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or an Up-Lokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion cannot be regarded as having been properly exercised.

(6) The Lokayukta or an Up-Lokayukta shall not investigate any complaint involving a grievance against a public servant referred to in sub-clause (iv) or sub-clause (v) of clause (j) of section 2.

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