Section 100: Proceedings after investigation

100. Proceedings after investigation (1) This section shall apply in every case where, after making an investigation, the Ombudsman is of the opinion that the action that was the subject matter of investigation was— (a) contrary to law; (b) based wholly or partly on a mistake of law or fact; (c) unreasonably delayed; or (d) otherwise unjust or manifestly unreasonable. (2) Where in any case to which this section applies the Ombudsman is of the opinion— (a) that the matter should be given further consideration; [Issue 1] CON – 74 Revised Laws of Mauritius (b) that an omission should be rectified; (c) that a decision should be cancelled, reversed or varied; (d) that any practice on which the act, omission, decision or recommendation was based should be altered; (e) that any law on which the act, omission, decision or recommendation was based should be reconsidered; (f) that reasons should have been given for the decision; or (g) that any other steps should be taken, the Ombudsman shall report his opinion, and his reasons, to the principal officer of any department or authority concerned, and may make such recommendations as he thinks fit; he may request that officer to notify him, within a specified time, of any steps that it is proposed to take to give effect to his recommendations; and he shall also send a copy of his report and recommendations to the Prime Minister and to any Minister concerned. (3) Where within a reasonable time after the report is made no action is taken which seems to the Ombudsman to be adequate and appropriate, the Ombudsman, if he thinks fit, after considering any comments made by or on behalf of any department, authority, body or person affected, may send a copy of the report and recommendations to the Prime Minister and to any Minister concerned, and may thereafter make such further report to the Assembly on the matter as he thinks fit.