Andhra Pradesh Lokayukta and Upa-Lokayukta (Investigation) Rules 1984

In exercise of powers conferred by Section 20 of the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983 (Act No. 11 of 1983), the Governor of Andhra Pradesh hereby makes the following rules relating to allegations and complaints against public servants, their verification and investigation.

Read full Act

R.1 Short title

Short title:- These rules may be called the Andhra Pradesh Lokayukta and Upa Lokayukta (Investigations) Rules, 1984.

R.2 Definitions

Definitions:- (1) In these rules, unless the context otherwise requires,

(i) "Act" means the Andhra Pradesh Lokayukta and Upa Lokayukta Act, 1983 (Act No. 11 of 1983);

(ii) "complainant" means any person by whom a complaint is made under Section 9 of the Act;

(iii) "complaint" means a statement made in writing to the Lokayukta or Upa Lokayukta by a complainant containing an allegation against a public servant in respect of an action taken by such public servant;

(iv) "form" means a form appended to these rules;

(v) "Governor" means the Governor of Andhra Pradesh;

* [v-A Institution means the Institution of Lokayukta and Upa Lokayukta of Andhra Pradesh."

(vi) "investigation" means, any inquiry or other proceedings conducted by the Lokayukta or Upa Lok

R.3 Complaint

Complaint:- (1) A complaint shall be signed by the complainant and shall be made in Form 1 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 Lok Ayukta or the Upa Lok Ayukta, 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 filling of the original complaint;]

* [(2) 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 a branch at Hyderabad for

* [Rupees one hundred and fifty or cash of Rupees one hund

Legal Comments

Purpose - The Rules regulate allegations and complaints against public servants, including verification processes, under the Andhra Pradesh Lokayukta framework.
Section focus - Section 3 of the Act governs appointment and broad investigative jurisdiction of the Lokayukta/Upa-Lokayukta, including actions by or on behalf of public authorities, forming the constitutional backbone for investigations under these Rules.
Rule 3 – Complaint format - A complaint must be signed by the complainant and made in a prescribed manner, establishing the procedural prerequisite for initiating verification and investigation.
Verification scope - The Rules, aligned with the Act, provide for verification of allegations/complaints to determine prima facie fit for investigation, ensuring due process and avoidance of frivolous inquiries.
Competent authority linkage - Rule sets and related Competent Authority Rules frame who may invoke or supervise investigations, tying procedural steps to Rule 2 and related provisions on competence.
Preliminary verification - The Rules support a preliminary step to verify matters, potentially restricting or guiding the scope of formal investigation by the Lokayukta/Upa-Lokayukta.
Role limitation - The Lokayukta/Upa-Lokayukta’s role is investigative and recommendatory, not a final adjudicatory order-maker; final decisions lie with competent authorities or other bodies per statutory scheme.
Corruption inquiry framework - The Rules operationalize complaint-driven inquiries into public servants, consistent with the Act’s broad anti-corruption mandate and emphasis on accountability.
Penalty regime linkage - The referenced sources indicate separate provisions (e.g., penalties under related sections) that may address misconduct in the context of Lokayukta proceedings or related processes, though direct punishment specifics for Rule 3 are not detailed in the provided extracts.
Access and public interest - The framework supports transparency and public accountability by enabling verification and investigation of complaints about public servants, subject to procedural safeguards.
Judicial interpretation context - Case law (e.g., Rama Subba Reddy; Santhanam) underscores the Act’s structure: appointment, powers, and functions of Lokayukta/Upa-Lokayukta to investigate actions by officials, while recognizing governance limits and the role of competent authorities.
Administrative framing - The Rules and Act together establish an administrative mechanism to regulate allegations, verification, and investigation, ensuring a standardized, legally grounded process for addressing public grievances.
Preliminary safeguards - The verification and complaint-signature requirements act as procedural safeguards to prevent abuse, ensuring that only properly framed, credible complaints proceed to investigation.
Scope of investigation - The Rules situate the Lokayukta’s investigation within the broader framework of actions by or on behalf of public servants, without extending to external or extrajudicial determinations, aligning with the statutory mandate.
Authority to act - Section 20 and Competent Authority Rules provide the governance for who can act on findings, reinforcing that the Lokayukta/Upa-Lokayukta may investigate, but final action rests with competent authorities or designated bodies.
Public servant scope - The Rules apply to allegations against public servants as defined under the Lokayukta regime, including verification steps before formal investigation proceeds.
Procedural due process - The regime emphasizes procedural steps (signatures, verification, prescribed format) to safeguard due process for complainants and respondents within Lokayukta investigations.
Interaction with other rules - The Lokayukta Rules interact with Competent Authority Rules and Act provisions to create a coherent procedural path from complaint to investigation to eventual action.
Limitations on final orders - Consistent with judicial commentary, the Lokayukta’s function is investigation and recommendation; it does not issue final binding orders as per the general understanding reflected in related sources.
Limitations on remedies - The framework channels redressal through investigations and recommendations, with final decisions resting with competent authorities, thereby shaping the remedial landscape for public grievances.
Public accountability objective - Collectively, these provisions advance accountability of public servants by enabling structured verification and inquiry processes into allegations of misconduct.
Reference note - Primary sources: Andhra Pradesh Lokayukta Rules 1984; related Act sections (e.g., Section 3, Section 20) and Competent Authority Rules; case law discussions provide interpretative context.

R.4 Scrutiny of complaint

ANDHRA PRADESH LOKAYUKTA AND UPA LOKAYUKTA (INVESTIGATIONS) RULES, 1984

Scrutiny of complaint:- (1) As soon as may be after presentation or receipt of the complaint, it shall be scrutinised by such member of staff of the Lokayukta as may be specially authorised 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 gra

R.5 Preliminary Verification

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 utilise 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 an order refusing to investigate his complaint at

R.6 Commencement of investigation

Commencement of investigation :-

(1) If the Lokayukta or Upa Lokayukta, after making necessary preliminary verification, proposes to conduct an investigation into the complaint, he shall inform the complainant accordingly and forward a copy of the complaint together with list of the witnesses whom the complainant proposes to examine and also the affidavits if any, produced by the complainant to the public servant concerned and the competent authority concerned.

Provided that the Lok Ayukta or Upa Lok Ayukta, as the cases may be, any for reasons to be recorded in writing, permit the examination of any witnesses in addition to those cited in the Statement of allegations communicated to the public servant concerned".

(2) Where the Lokayukta or Upa Lokayukta proposes to conduct an investigation on hi

R.7 Procedure for conducting investigation

Procedure for conducting investigation:-

(1) When the Lokayukta or Upa Lokayukta decides to conduct any investigation under the Act, notices shall be sent to the complainant and the public servant concerned in Form VIII informing them about the proposed investigation and directing them to appear in person on the date therein.

(2) In an investigation conducted on a complaint if the complainant so choses, he may be permitted to engage a legal practitioner to present the the case on his behalf. The public servant concerned shall also be informed that the may take the assistance of any other public servant or a legal practitioner to defend him.

* [(3) The Lok Ayukta or Upa Lok Ayukta, as the case may be, may utilise the services of any Legal Practitioner or an Officer of the Legal Section of the Institution or other legally trained person to assist him in any investigation

R.8 Reckoning of time limit for completing investigation

Reckoning of time limit for completing investigation:-

The time limit mentioned in clause (b) of sub section (2) of Section 10 of the Act shall be reckoned from the date on which the Lokayukta or Upa Lokayukta, as the case may be, orders a copy of the complaint or statement to be forwarded to the public servant concerned and the competent authority concerned under clause (a) of sub section (1) of Section 10 of the Act.

R.9 Refusal to investigate and discontinuance of investigation

Refusal to investigate and discontinuance of investigation:-

(1) The Lokayukta or Upa Lokayukta shall not investigate any allegation for any of the reasons mentioned in clauses (a) and (d) of sub section (1) of Section 8 of the Act.

(2) The Lokayukta or Upa Lokayukta as the case may be, may at any time after the commencement of any investigation under the Act order discontinuance of further investigation of any complaint involving an allegation for any of the reasons mentioned in clauses (a) to (c) of sub section (4) of Section 10 of the Act.

R.10 Transfer of preliminary verification and investigation by Lokayukta

Transfer of preliminary verification and investigation by Lokayukta:- The Lokayukta may make over any preliminary verification or investigation under the Act to the Upa Lokayukta for reasons to be recorded in writing, if, in his opinion, it would be consistent with principles of natural justice and fair play so to do.

R.11 Furnishing copies of documents,affidavits and depositions

Furnishing copies of documents,affidavits and depositions:-

* [Furnishing Copies of documents, affidavits and depositions the complainant and the public servant shall be entitled to be supplied with copies of the documents exhibited, affidavits relied upon and depositions recorded in the Course of any investigation under the Act at their own cost. The fee for the supply of such copies is fixed as follows:-

Rs.ps. Fees for ordinary application ..... 0.25

Fees for urgent copy application ..... 2.25

Copying charges for every 175 words or less of the matter supplied ..... 0.60

Charges for each page of Xerox copy ..... 1.25

R.12 Place of sittings of Lokayukta and Upa Lokayukta

Place of sittings of Lokayukta and Upa Lokayukta:- The Lokayukta or Upa Lokayukta may, in his discretion, conduct any preliminary verification or any investigation under the Act either partly or wholly either at his principal seat at Hyderabad or at such other place or place in the State as may be notified by him from time to time.

R.13 Completion of investigation

Completion of investigation:-

(1) After completion of investigation of any allegation in respect of any action under the Act, the Lokayukta or Upa Lokayukta, as the case may be, if satisfied that the allegation is sub stantiated either wholly or partly, shall by a report in writing communicate his finding and recommendations along with the relevant documents, materials or other evidence the competent authority concerned.

(2) If after investigation if any allegation in respect of any action under the Act, the Lokayukta or Upa Lokayukta, as the case may be, is satisfied that the allegation is not substantiated even partly, he shall inform the complainant and the pubic servant concerned and competent authority concerned accordingly.

R.14 Death of complainant

Death of complainant:-

When the complainant after making a complaint either dies or is incapacitated from taking or does not take further steps for substantiating the allegation, the Lokayukta or Upa Lokayukta, as the case may be, for reasons to be recorded in writing, proceed further with the complaint on the basis of the material available.

R.15-A Restoration and review

* [Restoration and review:-

(1) Where a complaint is rejected under sub rule (3) of Rule 4 or for non appearance of the complainant before the Lok Ayukta or Upa Lok Ayukta, in response to the notice issued under sub rule (5) of Rule 4, the complainant shall be precluded from bringing a fresh complaint on the same set of facts. But he may apply for an order to set the rejection aside and if he satisfies the Lok Ayukta or Upa Lok Ayukta, as the case may be, that there was sufficient cause for not rectifying the defects and or not supplying the omissions within the time specified or for not appearing before the Lok Ayukta or Upa Lok Ayukta, as the case may be, in response to a notice issued under sub rule (5) of Rule 4, the Lok Ayukta or Upa Lok Ayukta, as the case may be, shall make an order setting aside the rejection of the complaint upon such terms as he thinks fit and shall appoint a day for proceeding further with the matter.]

R.15 Withdrawal of complaint

Withdrawal of complaint:-

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.

R.16 Interim report

Interim report:-

(1) The Lokayukta or Upa Lokayukta as the case may be, may forward an Interim report to the competent authority recommending grant of interim relief to complainant if he is satisfied, at the stage of preliminary verification or investigation, that the complainant has sustained injustice or undue hardship in consequence of any act of a public servant and that the grievance complained of shall be redressed expeditiously.

(2) The competent authority shall intimate the Lokayukta or Upa Lokayukta, as the case may be, within one month from the date of receipt of the interim report referred to in sub rule (1), the action taken in pursuance thereof.

R.17 Application of the Code of Criminal Procedure

Application of the Code of Criminal Procedure:-

The procedure prescribed in Sub section (1) of Section 340 of the Code of Criminal Procedure, 1973 (Act No.2 of 1974) shall be followed in respect of offences referred to in clause (b) of sub section (1) of Section 195 of the said Code and the complaint made under Section 340 of the said Code shall be signed by the Registrar.

R.18 Prosecution for false complaints

Prosecution for false complaints:-

When upon an application made by a person against whom a complaint was made, the Lokayukta or upa Lokayukta, as the case may be, is satisfied after such enquiry as he deems necessary, that a false complaint has been wilfully or maliciously made against such person under the Act and that it is expedient and in the interests of justice to accord sanction to such person to prosecute the complainant for wilfully or maliciously making a false complaint against him under the Act, sanction may be accorded to such person to lay a compliant against the complainant before a Court of the Judicial Magistrate of the First Class.

R.19 Transaction of business

Transaction of business:-

The Lokayukta may, from time to time, by general or special order provided for the convenient and efficient transaction of business arising on the administration and implementation of these rules and the procedure to be followed for the purpose:

Provided that such order may also specify a matter or class of matters which shall be brought to the personal notice of the Lokayukta or Upa Lokayukta before any orders are issued.

R.20 Residuary Powers

Residuary Powers:-

All matters not specifically provided for in these rules, whether incidental or ancillary to the provisions of these rules or otherwise, including the fixation of vacations for the Lokayukta and Upa Lokayukta and holidays and vacations for their office and establishment, shall be regulated in accordance with such orders as the Lokayukta may, from time to time, make.

R.21 Power to regulate proceedings and investigations

Power to regulate proceedings and investigations:-

The Lokayukta or Upa Lokayukta shall have the power, subject to the provisions of the Act and these rules, to regulate the conduct of proceedings, preliminary verifications, investigations and inquiries in all matters not provided for in these rules.

R.22 Power of Lokayukta to give directions