RTI for Andhra Pradesh Lokayukta — Corruption Complaint Status, Inquiry Reports and Proceedings

The Andhra Pradesh Lokayukta is one of the state's most significant accountability institutions — a statutory, quasi-judicial body that receives and inquires into complaints of corruption, maladministration, and abuse of power by public servants of the Andhra Pradesh state government. For citizens who have filed complaints with the Lokayukta — or who simply want to understand how the institution is functioning — the Right to Information Act, 2005 provides a direct and legally enforceable tool to obtain information about complaint proceedings, inquiry outcomes, directions issued to departments, and the Lokayukta's annual reports.

This guide explains how to use RTI with the AP Lokayukta effectively, what information you can and cannot access, how the institution is structured post-bifurcation, and the correct appeals process — including the critical point that second appeals go to the Andhra Pradesh Information Commission (APIC) and never to the Central Information Commission (CIC).

The AP Lokayukta After the 2014 Bifurcation

When the Andhra Pradesh Reorganisation Act, 2014 divided undivided Andhra Pradesh into two successor states — Andhra Pradesh and Telangana — on 2 June 2014, the question of institutional continuity for bodies like the Lokayukta had to be resolved. The AP Lokayukta was reconstituted for the successor state of Andhra Pradesh and continues to draw its authority from the Andhra Pradesh Lokayukta Act, 1983, as applicable and adapted for the reorganised state.

Telangana has a separate institution: Telangana constituted its own Lokayukta regime independently. The AP Lokayukta and Telangana's Lokayukta are entirely separate statutory bodies with no overlap in jurisdiction. A complaint or RTI application filed with the AP Lokayukta has no effect on Telangana, and vice versa.

Jurisdiction of the AP Lokayukta: The institution has jurisdiction over public servants employed under the Government of Andhra Pradesh, including:

• State ministers and the Chief Minister (subject to conditions under the Act)
• Members of the Andhra Pradesh Legislative Assembly (MLAs)
• Class I and Class II officers of all AP state government departments
• Officers and employees of AP state public sector undertakings (PSUs) and statutory boards
• Officers of AP local bodies — municipal corporations, Gram Panchayats, and zilla parishads — where the Act extends

It does not have jurisdiction over Central Government employees working in Andhra Pradesh (such as income tax officers, CRPF personnel, or central PSU employees), or over employees of the Telangana state government.

Public authority status: The AP Lokayukta is a public authority under Section 2(h) of the RTI Act, 2005, as it is a body constituted by or under a state law. It is therefore obligated to designate a Central Public Information Officer (CPIO), maintain records, and respond to RTI applications within the prescribed time limits.

The AP Lokayukta's Relationship with the Anti-Corruption Bureau (ACB)

Citizens sometimes confuse the Lokayukta with the Anti-Corruption Bureau. Understanding the distinction is important before you decide whether to use RTI with the Lokayukta, the ACB, or both.

The Anti-Corruption Bureau (ACB) functions under the Home Department of the AP government and is primarily a law-enforcement and investigating agency. It:

• Conducts trap operations to catch corrupt officials accepting bribes
• Investigates corruption offences under the Prevention of Corruption Act, 1988
• Registers criminal FIRs and files charge sheets in designated Special Courts
• Has powers of search, seizure, and arrest

The AP Lokayukta, by contrast, is a quasi-judicial body. It:

• Receives written complaints from citizens or acts suo motu
• Issues notices to the concerned public servant and department
• Conducts an inquiry — more administrative in nature than criminal — to determine whether allegations are substantiated
• Issues findings, recommendations, and directions to the government
• Cannot itself prosecute or arrest; it can recommend prosecution, disciplinary action, or other remedial measures

In practice, a corruption complaint involving a specific bribery incident would be more naturally suited to the ACB, while a complaint about sustained maladministration, misuse of discretionary powers, undue favour to contractors, or delay in exercising legal duties would be more suitable for the Lokayukta. For RTI purposes, information about a Lokayukta inquiry is sought from the Lokayukta office; information about an ACB investigation (to the extent not exempt) is sought from the ACB.

Types of Complaints the AP Lokayukta Handles

The AP Lokayukta entertains complaints covering a broad range of conduct by covered public servants:

• Corruption and bribery: Acceptance of illegal gratification in connection with official duties
• Misuse of official position: Conferring undue advantage on a person or causing undue harm to another
• Abuse of discretionary power: Arbitrary refusal of legitimate applications, licences, or benefits; discriminatory enforcement
• Maladministration: Unreasonable delay in deciding matters before an official; discourtesy; neglect
• Nepotism and favouritism: In government contracts, transfers, promotions, or appointments
• Land-related corruption: Irregularities in mutation, land assignment, land acquisition, or permits

Post-bifurcation, AP Lokayukta complaints have also included allegations relating to:

• Amaravati Capital Region Development Authority (APCRDA) / AP Capital Region Development Authority land pooling transactions and reconstitution disputes
• Sand mining permissions and illegal quarrying involving district-level officers
• YSRCP/TDP era welfare scheme misappropriation allegations involving middlemen or panchayat-level functionaries
• Housing scheme allotment irregularities under APHB and AP Housing Corporation

What RTI Can Obtain from the AP Lokayukta

Complaint Registration and Status

If you have filed a complaint with the AP Lokayukta, you can use RTI to determine:

• Whether your complaint was registered as a formal case and given a complaint/case number, or whether it was rejected at the intake stage — and if rejected, the reason for rejection
• The current stage of proceedings: whether the complaint is at the notice stage, inquiry pending, inquiry completed, awaiting government response, or disposed of
• Whether a notice has been issued to the named public servant or department and on what date
• The response, if any, submitted by the public servant or department to the Lokayukta's notice
• The date of any hearings held and the date of the next scheduled hearing
• Whether the complaint has been referred to any other authority (such as the ACB or a departmental inquiry officer)

Inquiry Proceedings and Reports

When the Lokayukta conducts an inquiry into a complaint, the record of the proceedings is held by the Lokayukta office. RTI can be used to obtain:

• Copies of the inquiry report prepared by the inquiry officer or by the Lokayukta's own staff — including the findings on whether the allegations are substantiated
• Copies of written submissions made by the complainant and the accused public servant during inquiry proceedings (subject to legitimate third-party privacy considerations)
• The date on which the inquiry was completed and the Lokayukta's findings
• Whether any interim orders were passed during the inquiry — for example, a direction to the government to maintain the status quo on a disputed matter

Directions and Recommendations Issued to Departments

After completing an inquiry, the Lokayukta may issue directions or recommendations to the concerned department or the state government. These are among the most important documents you can obtain through RTI:

• Copies of the formal recommendations or directions issued by the Lokayukta to the government, including directions for initiation of disciplinary proceedings, prosecution, or other action against a named official
• The nature and content of each direction: whether the Lokayukta directed suspension, transfer, prosecution, recovery of loss to the public, or a monetary penalty
• Whether the concerned department or government accepted the recommendation and what action was taken

Compliance Action by Departments

The Lokayukta's effectiveness depends in large part on whether government departments comply with its directions. RTI is a powerful tool for tracking compliance:

• Whether the concerned department filed a compliance report with the Lokayukta following a direction, and the contents of that report
• Whether disciplinary proceedings were initiated against the named official as directed — the date of initiation, the name of the inquiry officer, and the current status
• Whether prosecution was recommended and whether the government accorded sanction to prosecute under Section 19 of the Prevention of Corruption Act
• Whether compensation or recovery of loss directed by the Lokayukta was actually paid

Statistical Data and Annual Reports

The AP Lokayukta prepares annual reports that are submitted to the state government and placed before the AP legislature. RTI can be used to obtain:

• A copy of the Lokayukta Annual Report for any specific year
• Total complaints received, disposed of, and pending in a given year
• Department-wise or category-wise breakup of complaints
• The number of cases in which the Lokayukta's recommendations were accepted by the government and acted upon
• The number of cases where the government rejected the Lokayukta's recommendation and the reasons given (to the extent available in Lokayukta records)

What May Be Exempt from Disclosure

RTI requests to the AP Lokayukta are subject to the exemptions in Section 8 of the RTI Act. The most relevant exemptions are:

Active inquiry proceedings (Section 8(1)(h)): Information that, if disclosed prematurely, would impede the inquiry process or allow the accused official to tamper with evidence or influence witnesses may be withheld during the pendency of the inquiry. Once the inquiry is complete and the Lokayukta has issued its findings and recommendations, this exemption no longer applies.

Personal information of the complainant (Section 8(1)(j)): The identity and personal details of complainants who have sought anonymity may be protected to the extent that disclosure would constitute an unwarranted invasion of their privacy. However, the complainant herself can clearly access her own complaint file.

Third-party consultation (Section 11): Where the RTI request seeks documents containing personal information about a named accused official — for example, the official's written explanation to the Lokayukta — the CPIO may initiate third-party consultation under Section 11 before disclosure. This may extend the response timeline by up to 10 additional days (total 40 days) but does not prevent eventual disclosure of non-personal information.

What cannot legitimately be withheld: The fact of registration or non-registration of a complaint; the stage of proceedings; the date on which a notice was issued to a department; the nature of the Lokayukta's directions to the government; whether a compliance report was filed; statistical data on cases; and the annual report of the Lokayukta — none of these can properly be withheld under any RTI exemption. If the CPIO refuses to disclose these categories, that refusal should be challenged at the First Appeal stage.

How to File an RTI with the AP Lokayukta

Online Filing

The Andhra Pradesh government operates an RTI portal at rti.ap.gov.in. Before filing, check whether the AP Lokayukta office is listed as a public authority on the portal. Select the AP Lokayukta as the public authority, fill in the online application form, provide your query clearly in the request box, and pay the ₹10 fee online. Retain the application registration number provided by the portal.

If the Lokayukta is not listed on the AP state portal, the central RTI portal rtionline.gov.in may also carry state public authorities in some instances — check for an entry there as an alternative. However, the AP state portal should be the primary channel for AP state public authorities.

By Post

Draft your application on plain paper, clearly address it to the CPIO, Office of the Lokayukta, Andhra Pradesh, and state that the application is filed under Section 6 of the Right to Information Act, 2005. Attach a ₹10 Indian Postal Order (IPO) drawn in favour of the CPIO. Send by registered post with acknowledgement due to the Lokayukta office in Vijayawada or Amaravati (verify the current address before sending). Retain the registered post receipt and the acknowledgement card when it returns.

In Person

You may also submit the application in person at the AP Lokayukta office during working hours. Carry two copies — submit the original along with the ₹10 fee and retain the second copy with a date stamp and signature of the receiving official as acknowledgement.

Fee and Response Timeline

Application fee: ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. Citizens who hold a BPL (Below Poverty Line) card are exempt from paying any fee under Section 7(5) of the RTI Act — attach a photocopy of your BPL card and state the exemption clearly in your application.

Response timeline: The CPIO must respond within 30 days from the date of receipt of the application under Section 7(1) of the RTI Act, 2005. Where the information sought directly concerns the life or liberty of a person — for example, the status of a custodial matter or an inquiry involving alleged illegal detention by a public servant — the CPIO must respond within 48 hours under the Section 7(1) proviso.

If the CPIO must consult a third party under Section 11 before disclosure, the time limit extends to 40 days from the date of receipt.

First Appeal — Section 19(1)

If the AP Lokayukta's CPIO fails to respond within 30 days, provides an incomplete or evasive answer, wrongly invokes an exemption, or imposes an unreasonable fee for supplying documents, file a First Appeal under Section 19(1) of the RTI Act with the First Appellate Authority (FAA) — a senior officer designated within the AP Lokayukta above the CPIO level.

Critical timing: The First Appeal must be filed within 30 days of the date of the CPIO's decision or the expiry of the 30-day response period, whichever is applicable.

• No fee is payable for the First Appeal
• Address your appeal to the First Appellate Authority, AP Lokayukta office
• In the appeal, clearly state: the date you filed the original RTI application, the application registration number, the information sought, what response (if any) was received, and why that response is inadequate
• Attach copies of your original application and the postal receipt or online confirmation
• The FAA must decide within 30 days, extendable to 45 days for reasons recorded in writing

Second Appeal to APIC — Section 19(3)

If the First Appeal is not decided in time, or the outcome is unsatisfactory, file a Second Appeal under Section 19(3) of the RTI Act with the Andhra Pradesh Information Commission (APIC) — the state-level information commission constituted under Section 15 of the RTI Act, 2005, with jurisdiction over all Andhra Pradesh state government public authorities.

• The Second Appeal must be filed within 90 days of the date of the FAA's decision or the date by which the FAA's decision should have been made
• No fee is payable for the Second Appeal
• APIC may summon the CPIO and FAA to appear, examine the record of the case, and pass appropriate orders — including directions to disclose information that was wrongfully withheld
• APIC can also impose a penalty on the CPIO under Section 20 (see below)

Critical jurisdictional point: The Central Information Commission (CIC) in New Delhi has absolutely no jurisdiction over the AP Lokayukta. The AP Lokayukta is a state public authority under Andhra Pradesh law. The CIC's jurisdiction is limited to Central Government public authorities. Filing a second appeal with the CIC against an AP Lokayukta RTI response will be rejected as not maintainable. All second appeals must go to APIC.

Penalty — Section 20

The Andhra Pradesh Information Commission has the power under Section 20 of the RTI Act to impose a monetary penalty on the CPIO personally if the Commission finds that the CPIO refused to receive an RTI application, did not furnish information within the prescribed time, knowingly gave incorrect or misleading information, destroyed information that was the subject of a request, or obstructed the supply of information in any manner.

The penalty is ₹250 per day of default, up to a maximum of ₹25,000. APIC can also recommend disciplinary action against the defaulting CPIO under the applicable service rules. The burden of proving that the delay or refusal was for a reasonable cause is on the CPIO — not the applicant.

Practical Tips for Effective RTI Applications to the AP Lokayukta

Always cite your complaint number: If you have already filed a complaint with the Lokayukta, reference its assigned complaint or case number in every RTI query. This anchors the CPIO to a specific file and prevents vague or generalised responses.

Distinguish between RTI and a Lokayukta complaint: An RTI application to the Lokayukta is a separate legal proceeding from your corruption complaint. Filing an RTI does not pause or advance the underlying inquiry. Use RTI to create a documented paper trail of what the Lokayukta has or has not done on specific dates — this paper trail is itself useful if you later need to escalate the matter or approach the High Court.

Request specific documents, not opinions: "Provide information about my complaint" will yield a generic and often unhelpful reply. "Provide copies of all notices issued to Department / Official Name in Complaint No. X between Date 1 and Date 2, and any written responses received from them" is a targeted, document-specific request that is much harder to deflect.

Track compliance through RTI: The Lokayukta's directions are only as effective as their enforcement. After the Lokayukta issues a recommendation or direction, use RTI to ask the concerned government department — separately from the Lokayukta itself — whether it has complied, whether a compliance report was filed, and what action was taken against the named official. Triangulating between the Lokayukta's records and the department's records often reveals whether the direction was implemented or quietly ignored.

Annual reports are public documents: The AP Lokayukta's annual reports are placed before the state legislature and are not confidential. Any refusal to supply an annual report via RTI is baseless and should be challenged immediately at the First Appeal stage.

Use the 48-hour provision where appropriate: If your complaint involves ongoing illegal detention, a life-threatening situation, or circumstances that directly implicate the life or liberty of a named person, explicitly invoke the Section 7(1) proviso in your RTI application and state the facts grounding the 48-hour urgency. The CPIO cannot treat such requests with the ordinary 30-day timeline.

File with both Lokayukta and ACB when warranted: Where a complaint involves both a criminal bribery dimension and a broader maladministration dimension, there is no legal bar to filing both a complaint with the AP ACB (for the criminal investigation aspect) and a separate complaint with the AP Lokayukta (for the inquiry/recommendation aspect). Use RTI separately with both bodies to track parallel proceedings.

Document non-response systematically: If the CPIO does not respond within 30 days, that silence is a deemed refusal under Section 7(2) of the RTI Act. Note the exact date you filed and the exact date the 30-day period expires. File your First Appeal immediately thereafter, citing the specific dates. Non-response by a Lokayukta CPIO is particularly difficult to justify before APIC and is likely to attract the Section 20 penalty.