Fuctions
The Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983 (Act XI of 1983) was passed in the year 1983.
This Institution is a product of statute. The person to be appointed as Lokayukta shall be a Judge or a retired Chief
Justice of High Court. The Upa Lokayukta shall be appointed from among the District Judges Grade-I. The Lokayukta and
the Upa Lokayukta of Andhra Pradesh are of the rank and status of the Chief Justice and Judge of High Court of Andhra
Pradesh respectively.
The matters and actions of public Servants, which can from the subject matter of the complaint to
the institution of Andhra Pradesh Lokayukta and Upa Lokayukta are:
1) Any administrative action involving abuse of position as such for personal gain or to cause undue harm
or hardship to any other person;
2) Administrative actions motivated by improper or corrupt motives causing loss to the exchequer or to
any person;
3) All acts involving outright corruption or lack of integrity in the capacity as such public
servant.
Any aggrieved person can make a compliant in prescribed form No.I supported by an
affidavit in Form No.II accompanied by a Money Order, Banker's Cheque or Demand Draft drawn in favor of the
Registrar of this Institution on any Bank having branch at Hyderabad for rupees One hundred and fifty or
cash of Rs.150/-. The complaint involving an allegation shall be filed within six (6) years from the date
on which the action complained against before this Institution. Secondly, the Lokayukta and Upa Lokayukta
Suo- Motto can take up investigation on the basis of information received by him otherwise than by way of
complaint like Newspapers, reports etc. Thirdly, the Lokayukta or Upa Lokayukta can investigate into the
matter on a reference from Excellency, the Governor of Andhra Pradesh.
Ministers, Members of Legislature (Present or Past), Chairmen and Vice-Chairmen of Zilla
Praja Parishads, Presidents of Mandal Parishads, Mayors of Municipal Corporation, Chairmen of Municipal
Councils of first grade and selection grade. Chairmen or Presidents and Directors of the Governing body
to which management is entrusted in respect of any local authority in the State or any Society registered
under the Registration Act or any Co-Operative Society which area of operation extends is not less than a
District, any officer appointed to a public service or post carrying a scale above minimum of the scale
of pay of Rs.7,400/-, besides the Vice-chancellors, Registrars of the Universities etc., come within the
Purview of Lokayukta.
On receipt of a complaint, the Lokayukta or Upa Lokayukta as the cause may be order for
preliminary verification by what ever mode suitable to ascertain if there is prima facie case in the
allegation. The initial probe and verification will be done by calling for the factual reports from the
authorities concerned or by entrusting to the Investigation wing attached to the Institution or to any
other Investigative agency like A.C.B. or C.B.C.I.D., who may conduct a discreet probe and report to the
Lokayukta or Upa Lokayukta. At this stage, the preliminary verification is confidential to safeguard the
identity of the apprehensive complaints and to protect the reputation of the public servant complained
against. If a prima facie case is made out during the course of preliminary verification, an investigation
will be conducted after giving opportunity to the public servant complained against as well as to the
complainant to put forth their versions and to adduce the evidence. This enquiry is on the lines of
a trial in a Court in which parties are permitted to be represented by their lawyers.
This Institution has its own independent Investigation Section consisting of Senior Police
Officers and also its own Legal Section headed by a person of the rank of District Judge. The Investigation
Section is entrusted with preliminary verification of those complaints including Suo-motu references which
pertain to serious allegations of mal administration or corruption for expeditious completion, through
discreet and confidential enquiries and submission of reports. The Legal section will examine the preliminary
verification reports received from various agencies including Investigation Section of this Institution and
place their report before the Lokayukta or Upa Lokayukta as the case may be for consideration and decision
regarding the further course of action in the matter. In cases, wherein the Lokayukta or Upa Lokayukta decides
to take up investigation in terms of Section 10 of the Andhra Pradesh Lokayukta and Upa Lokayukta Act, the
public servants arrayed in the complaint are being given reasonable opportunity to submit their comments by
supplying the allegations list of witnesses proposed to be examined and list of documents to filled in
support of the allegations and to addues evidence in defense of the public servant. The Lokayukta or Upa
Lokayukta as the case may be, hear the arguments of both the sides. On the basis of such evidence, if the
Lokayukta or 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 communicating him the findings
and recommendations. The competent Authority shall take action on the basis of recommendations and intimate
this Institution within 3 months from the date of receipt of the report, as to the action taken or proposed
to be taken on the basis of the report. In case of non-implementation of the report of the Lokayukta or
Upa Lokayukta as the case may be, a special report upon the case will be sent to the Governor who on its
receipt shall cause a copy thereof together with an explanatory memorandum to be laid before the State
Legislature. In case where a report is forwarded by the Lokayukta or Upa Lokayukta recommending imposition
of penalty of removal from the office of public servant, it shall be lawful for the competent Authority without
any further inquiry to take action on the basis of the said recommendation for the removal of such public
servant from his office and for making him ineligible for being elected to any office, specified by the
Government. In this context, the Government in its G. O. MS .No. 479, G.A. (Ser.C) Department, Dt.18-10-1985
have suitably amended the Rule 10 of A. P. Civil Services (Classification, Control and Appeal) Rules, 1964.
The objective with which the Andhra Pradesh State Legislature passed the Andhra Pradesh Lokayukta and Upa
Lokayukta Act, 1983 is that the Institution established under the Act should provide easy and cost free access to the
common people, redress their grievances speedily and effectively in the process of check and mitigate corruption and
maladministration.
|