HOW TO COMPLAIN:-

Section 9 of Andhra Pradesh Lokayukta Act, 1983 provides for filing of

complaints in respect of any action, in the case of an allegation by any person, or in the
case of a grievance by a person aggrieved, referred to in Section 2 (a) (b) (ea) of Andhra
Pradesh Lokayukta Act, 1983. 'Action' means an administrative action taken by a public
servant by way of decision, recommendation or finding or in any other manner, and
includes any omission and commission and failure to act in connection with or arising out
of such action; and all other expressions connecting action shall be construed accordingly.
“Allegation” in relation to a public servant means any affirmation that such public
servant- (i) has abused his position as such, to obtain any gain or favour to himself or to
any other person, or to cause undue harm or hardship to any other person; (ii) was
actuated in the discharge of his functions as such public servant by improper or corrupt
motive and thereby caused loss to the State or any member or section of the public; or
(iii) is guilty of corruption, or lack of integrity in his capacity as such public servant.
'Grievance' means a claim by a person that he sustained injustice or undue hardship in
consequence of maladministration.

Thus, the matters and actions of the Public Servants which can form the subject
matter of the complaint to the Institution of Lokayukta of Andhra Pradesh are:-

1) Any administrative action taken by a public servant by way of decision,

recommendation or finding or in any other manner, and includes any omission and
commission and failure to act in connection with or arising out of such action;
2) Any administrative action involving abuse of position for personal gain or to
cause undue harm or hardship to any other person;
3) Any administrative action motivated by improper or corrupt motive causing loss to
the State exchequer or to any person;
4) All acts involving outright corruption or lack of integrity in the capacity as such
public servant.
 A wide range of Public Servants, defined in Section 2(k) of the A.P. Lokayukta
Act, 1983, will come under purview of the Institution, viz., Ministers, Members of either
House of the State Legislature, including the Chief Whip, any person appointed to a
Public Service or post in connection with the affairs of the State of Andhra Pradesh,
Chair Person and Vice Chairperson of Zilla Parishad, President of Mandal Parishad,
Mayor of Municipal Corporation, Chairperson of Municipal Council, Chairmen or
Presidents and Directors of the Governing Body to which the Management is entrusted in
respect of any local authority in the State or any Society registered under the A.P.
Registration Act or any Co-operative Society whose area of operation extends to the
whole of the State or is confined to a part of the State extending to an area not less than a
District, the Vice Chancellor and the Registrar of a University, etc., and officer in the
service or pay of a Local Authority, University, Statutory Body or Corporation, Society or
other Institutions.

As per Rule 3 of Andhra Pradesh Lokayukta and Upa-Lokayukta (Investigation) Rules

1984, a complaint shall be signed by the complainant and shall be made in Form-I
accompanied by his own affidavit in Form II and affidavits of his witnesses, if any, duly
affirmed and attested by a Gazetted Officer, Village Munsif or Patel, Member of the State
Legislature, Advocate, Notary Public, Sarpanch, or a Central Nazir or Deputy Nazir
governed by the Andhra Pradesh Judicial Ministerial Service Rules.

Provided that the Lokayukta or the Upa-Lokayukta, as the case may be, may in his
discretion permit the filing of Forms I and II on any day subsequent to the date of filing
of the original complaint.

Every complaint shall be accompanied by a Money Order, Banker’s Cheque or

Demand Draft drawn in favour of the Registrar of the Institution on any Bank having
branch at Kurnool for Rupees one hundred and fifty or cash of Rupees one hundred and
fifty to be paid in the Office of the Institution of Lokayukta and obtain receipt.
 Lokayukta has power to take Suo-motu action in respect of any “action” as defined
under Section 2-A of the Act and also in the case of an allegation/ grievance
contemplated under the Act by recording reasons in writing.

HOW TO SUBMIT A COMPLAINT: -

A complaint may be presented in person to the Registrar or any other officer duly
authorized by him in this behalf or be sent by registered post.

If the complainant requires any further clarification for filing of complaint, it is

open for him to approach this Institution in any working day during office hours.

SCRUTINY OF COMPLAINT:-

The provisions of Rule 4 of AP Lokayukta and Upa-Lokayukta (Investigation)

Rules deal with scrutiny of the complaint:-

(1) As soon as may be after presentation or receipt of the complaint, it shall be

scrutinized by such member of the staff of the Lokayukta as may be specially
authorized in that behalf by the Lokayukta.
(2) If, on scrutiny of the complaint, it is found to be defective or deficient in any of
the required particulars, the complainant shall be called upon in Form III to
rectify the defects or supply the omissions within ten days or such further time as
may be granted in his discretion by the Lokayukta or Upa-Lokayukta, as the case
may be.
(3) If the defects are not rectified and / or the omissions are not supplied within the
time specified or such further time as may be granted by the Lokayukta or
Upa-Lokayukta, as the case may be, the Lokayukta or Upa-Lokayukta may reject
the complaint and inform the complainant in Form IV.
(4) The complaint shall also be liable for rejection in limine by the Lokayukta or
Upa-Lokayukta, as the case may be, for any of the following reasons, namely,-
 a) that the complaint does not disclose an allegation which may be investigated
by the Lokayukta or Upa-Lokayukta, as the case may be;
b) that the complaint is-
i) Frivolous, or
ii) Vexatious, or
iii) Not made in good faith;
c) that there are not sufficient grounds for investigating the complaint;
d) that other remedies are available to the complainant and in the circumstances
of the case, it would be more proper for the complainant to avail of such
remedies;
e) that the public servant against whom the compliant is made is not one in
respect of whom a compliant can be entertained by the Lokayukta or
Upa-Lokayukta;
f) that the complaint is made after the expiry of six years from the date on
which the action complained against is alleged to have taken place;
g) that an earlier complaint based on the same allegations as those made in the
present complaint was previously disposed of by the Lokayukta or
Upa-Lokayukta or any other authority.
(5) The Lokayukta or Upa-Lokayukta, as the case may be, in his discretion afford
an opportunity to the complainant to show cause why the complaint shall not
be rejected for any of the reasons mentioned in sub-rule (4).

PRELIMINARY VERIFICATION:-

1) After the registration of the complaint, the Lokayukta or Upa-Lokayukta, as the

case may be, shall inform the complainant in Form V and may make such
preliminary verification as he deems fit in regard to the allegation in the complaint
and the action complained of on the basis of the information furnished through the
complaint and the affidavits, documents and copies thereof, if any, enclosed to the
 complaint and also on his own motion before he proposes to conduct any
investigation.
2) The Lokayukta or Upa-Lokayukta may utilize the services of such Law Officers or
other legally trained persons as may be attached to his establishment in the course
of the preliminary verification.
3) The Lokayukta or Upa-Lokayukta may (if felt necessary) hear the complainant
after giving him notice in Form VI before passing the order refusing to investigate
his compliant at the stage of preliminary verification.
4) If the Lokayukta or Upa-Lokayukta, as the case may be, does not reject a
complaint under sub-rule (3) or sub-rule (4) of Rule 4; and if in his opinion, the
complaint contains verifiable details justifying further action, he may, -
(i) call for remarks, information or report after a confidential probe from the
concerned departmental authority or officer about the truth or otherwise
of the allegations made in the complaint and fix a time for submission of
such remarks, information or report; and or
(ii) require any investigating agency or the Investigation Section attached to
the Institution to make a confidential probe into the allegations contained
in the complaint and submit a report within the time specified.
5) The remarks, information or report referred to in sub-rule (4) shall after its receipt
in the Institution be examined by the legal Section attached to the Institution and
after such examination they shall submit their report along with the remarks,
information and report referred to in sub-rue (4) of the Lokayukta or
Upa-Lokayukta as the case may be.
6) After consideration of the remarks, information and / or reports referred to in
sub-rules (4) and (5) and after hearing the complainant if and when available and
necessary and also the officers of the Section, the Lokayukta and Upa-Lokayukta,
as the case may be, shall decide whether or not there are any sufficient grounds for
ordering investigation, and if he finds that there are no sufficient grounds for
conducting investigation, he shall pass an order rejecting the complaint:
 Provided that if the Lokayukta or Upa-Lokayukta, as the case may be, is of
the opinion after a consideration of the material referred to in sub-rules (4) and (5),
that the injustice complained of or the grievance alleged can be remedied or
redressed at the departmental level, he may close the complaint and send the
relevant records to the concerned departmental authority with suitable directions
and for appropriate action.
7) If after such consideration of the reports etc., mentioned above the Lokayukta or
Upa-Lokayukta, as the case may be, is satisfied that there is a prima facie case for
conducting an investigation into the allegations in the complaint, he may pass an
order to that effect and direct the concerned officers of the Institution to take the
necessary steps in that behalf.
8) Nothing prevents the Lokayukta or Upa-Lokayukta from closing a complaint at
any stage and referring it to the concerned departmental authorities for appropriate
action.

COMMENCEMENT OF INVESTIGATION:-

If the Lokayukta or Upa-Lokayukta after making necessary preliminary

verification, proposes to conduct an investigation into a complaint, he shall follow the
procedures laid down in Rule 6, 7, 8 & 9 of AP Lokayukta and Upa-Lokayukta
(Investigation) Rules and complete the final investigation.

Once a prima-facie case is held to have been made out, a regular enquiry
(Investigation) is conducted after giving opportunity to the complainant as well as the
public servant complained against, to put forth their versions and to adduce their
evidence. This enquiry is on the lines of a trial in a court in which parties are permitted to
be represented by their lawyers.
 On the basis of such evidence, if the Lokayukta or the Upa-Lokayukta finds that
the allegations against the public servant have been substantiated, either wholly or partly,
a report has to be made to the competent authority under Sec.12 of the Act,
communicating him findings and recommendations.

The Competent Authority, on receipt of the report, shall take action on the
recommendation, including removal of the guilty public servant wherever recommended,
without any further enquiry and intimate within three months of the date of receipt of the
report, to the Institution of Lokayukta, the action taken or proposed to be taken on the
basis of the report. In the event the Lokayukta or Upa-Lokayukta is not satisfied with the
action taken or proposed to be taken by the Competent Authority, he may make a special
report upon the case to the Governor and also inform the complainant accordingly. On
receipt of a special report, the Governor shall cause a copy thereof, together with an
explanatory memorandum, to be laid before each House of the State Legislative.

WITHDRAWAL OF THE COMPLAINT:-

As per the provisions of Rule 15 of AP Lokayukta and Upa-Lokayukta

(Investigation) Rules “No complaint shall be permitted to be withdrawn unless the
Lokayukta or Upa-Lokayukta, as the case may be, is satisfied that the complaint was
made under a bona fide mistake or that the grievance complained of, has been adequately
redressed”.