RTI for Bihar Lokayukta – Corruption Complaint Status and Inquiry Reports

Corruption and misconduct by State Government officers erode public trust and deny citizens their rights. The Bihar Lokayukta is Bihar's independent statutory anti-corruption ombudsman — empowered to receive complaints against public servants, conduct inquiries, and recommend corrective action to the State Government. Yet, many complainants who file with the Lokayukta receive no written acknowledgement for months. Inquiries, if initiated, proceed in silence. Recommendations, once made, may be ignored by the concerned department without any public record. The Right to Information Act, 2005 provides a powerful remedy for this accountability gap. For just ₹10, any citizen can formally demand from the Bihar Lokayukta the registration status of their complaint, the stage of proceedings, copies of notices and orders issued, details of completed inquiry reports, and data on the Lokayukta's overall functioning. This guide explains the Bihar Lokayukta's powers and processes, what RTI can realistically obtain, what is exempt during active inquiries, how to file step by step, and how to escalate all the way to the Bihar Information Commission (BIC) if the Lokayukta's own office fails to respond.

What is the Bihar Lokayukta?

The Bihar Lokayukta is an independent statutory authority established under the Bihar Lokayukta Act (originally enacted in 1973 and subsequently amended). It is headed by the Lokayukta, a retired Judge of the Patna High Court or the Supreme Court of India, appointed by the Governor of Bihar in consultation with the Chief Justice of the Patna High Court and the Leader of the Opposition in the Bihar Legislative Assembly. The institution operates outside the normal executive chain — it is answerable to neither the Chief Minister nor the Cabinet — giving it the independence to investigate complaints against government officers without interference.

The Bihar Lokayukta is assisted by one or more Upa-Lokayuktas (Deputy Lokayuktas) and a dedicated investigating and support staff. The office is located in Patna and processes complaints from across the state.

Jurisdiction: Who Does the Bihar Lokayukta Cover?

The Bihar Lokayukta Act defines the categories of "public servants" against whom complaints can be maintained. These include:

• Ministers of the Bihar State Government — Cabinet Ministers, Ministers of State, and Deputy Ministers — except the Chief Minister in exercise of certain discretionary functions
• Members of the Bihar Legislative Assembly (MLAs) in respect of their official conduct
• Gazetted officers of the Bihar State Government — Class I and Class II officers across all departments, including the IAS, IPS (Bihar cadre), and State service officers
• Officers and employees of statutory bodies, corporations, boards, and undertakings under the State Government — including boards established under state law, state PSUs, and urban local bodies funded by the state
• The Governor is excluded from Lokayukta jurisdiction; so are officers of the Central Government (IAS/IPS officers on deputation to Central posts, Central PSU employees, etc.)

The Bihar Lokayukta does not cover Central Government employees, Central Police Organisations, or Central PSUs. Complaints against those must go to the Central Vigilance Commission (CVC) or the Lokpal of India, as applicable.

What Happens After a Complaint is Filed

Once a complaint is received, the Lokayukta's office follows a standard multi-stage process:

1. Registration: The complaint is entered in the register and assigned a unique complaint number. The complainant should receive a written acknowledgement with this number.
2. Preliminary Scrutiny (Preshtabdh Janch): The Lokayukta examines whether the complaint is within jurisdiction, is not time-barred (the Bihar Lokayukta Act prescribes a limitation period), is made by a person with sufficient grievance, and is not vexatious or frivolous.
3. Calling for Report / Show Cause: If the preliminary scrutiny is satisfied, the Lokayukta may call for a written report from the head of the department or the superior officer of the accused public servant, or may issue a show-cause notice to the accused directly.
4. Formal Inquiry: If the preliminary examination discloses a prima facie case, the Lokayukta initiates a formal inquiry. The inquiry may be conducted by the Lokayukta's own investigation wing or by an inquiry officer appointed for the purpose. During inquiry, both the complainant and the accused are given an opportunity to be heard.
5. Inquiry Report and Recommendations: After completing the inquiry, the Lokayukta prepares a report with findings and recommendations. The recommendations may include: departmental disciplinary proceedings, prosecution under the Prevention of Corruption Act, 1988, administrative action, or, in cases where the complaint is not substantiated, dismissal.
6. Compliance by State Government: The Lokayukta submits the report to the competent authority — the Chief Minister, the Governor, or the administrative head of the relevant department. The competent authority is expected to take action on the recommendations within the prescribed period and report compliance back to the Lokayukta.
7. Annual Report: The Lokayukta submits an Annual Report to the Governor, which is laid before the Bihar Legislature. This report is a public document containing aggregate data on complaints received, disposed, pending, and recommendations made.

What RTI Can Obtain from the Bihar Lokayukta

The Bihar Lokayukta is a public authority under Section 2(h) of the RTI Act, 2005. Its CPIO is legally required to respond to RTI applications within 30 days with the information sought, or with a reasoned order of refusal citing specific RTI exemptions. The following categories of information are routinely available via RTI:

Complaint Registration and Status

• Whether your complaint has been registered with the Lokayukta and the complaint number assigned
• The date of registration of the complaint
• The current stage of processing — preliminary scrutiny, report called for, inquiry initiated, inquiry completed, recommendation submitted, or matter disposed
• Whether the complaint has been declared non-maintainable, transferred, or withdrawn — and if so, the grounds recorded
• Whether an acknowledgement with complaint number was issued and, if not received by the complainant, a copy of the acknowledgement itself

Inquiry Proceedings

• Whether a formal inquiry has been initiated on your complaint, and the date of initiation
• The name and designation of the inquiry officer assigned to the inquiry (this may be withheld during an active inquiry if Section 8(1)(h) applies, but is routinely disclosed once the inquiry is complete)
• Whether any notices, summons, or interim orders have been issued to the accused public servant in connection with the inquiry — and copies of such notices and orders if already served
• Whether the inquiry has been completed and the date of completion

Inquiry Reports and Recommendations

After an inquiry is concluded, the inquiry report and the Lokayukta's recommendations become accessible via RTI (subject to Section 8 exemptions). Specifically, you can request:

• A copy of the inquiry report prepared in your complaint
• The specific recommendations made by the Lokayukta to the competent authority (disciplinary action, prosecution, administrative action, or dismissal)
• Whether the Lokayukta's report was submitted to the competent authority and the date of submission
• Whether the competent authority has reported compliance with the Lokayukta's recommendations, and what action has been taken

Compliance by Government Departments

A separate and equally important use of RTI is to track whether the State Government has acted on the Lokayukta's recommendations. Once the Lokayukta has made a recommendation, file RTI with the relevant department (not the Lokayukta's office) asking:

• Whether a report or recommendation has been received from the Bihar Lokayukta in respect of name/designation/case reference and the date of receipt
• What action has been taken on the Lokayukta's recommendation and by what date
• If disciplinary proceedings were recommended, what stage the departmental inquiry has reached
• If prosecution was recommended, whether a sanction for prosecution has been granted and, if so, before which court proceedings have been initiated

This creates a documented paper trail of government non-compliance that can be placed before the Bihar Information Commission (BIC), the Patna High Court, or presented in the public interest.

Statistical and Aggregate Information

• Total number of complaints received by the Bihar Lokayukta during a specific financial year
• Total number of complaints disposed of — with a breakup by nature of disposal (dismissed at preliminary stage, inquiry completed with recommendations, transferred, complaint withdrawn, etc.)
• Total number of complaints pending as on a specific date
• Number of cases where prosecution under the Prevention of Corruption Act was recommended
• A copy of the Bihar Lokayukta Annual Report for a specified year

What Information May Be Exempt

The RTI Act exemptions that are most commonly invoked in the context of Lokayukta information are the following:

Section 8(1)(h) — Prejudice to Ongoing Investigation

Section 8(1)(h) of the RTI Act permits a PIO to withhold information "that would impede the process of investigation or apprehension or prosecution of offenders." During a live, ongoing inquiry by the Bihar Lokayukta, a PIO may legitimately refuse to disclose:

• Specific evidence gathered during the inquiry — documents, statements, exhibits
• The identities of witnesses being examined in an active inquiry
• Detailed findings of the inquiry report before it has been finalised and submitted to the competent authority
• Specific allegations, confessions, or admissions recorded during the inquiry, where disclosure would enable the accused to tamper with evidence or influence witnesses

This exemption, however, has clear limits. It applies only to information that would actually impede an ongoing inquiry. It does not apply to:

• Whether the complaint has been registered — registration is an administrative act, not an investigation secret
• The complaint number and the date of registration
• The current stage of proceedings (preliminary scrutiny / inquiry initiated / disposed) — these are procedural facts, not operational investigation details
• Completed inquiry reports where the inquiry has concluded and the report has been submitted to the competent authority — Section 8(1)(h) no longer applies once the investigation is over
• Aggregate statistical data and annual reports

If the CPIO cites Section 8(1)(h) to refuse information about whether your complaint has even been registered, or what the current stage is, that refusal is unjustified and should be challenged in a First Appeal.

Section 8(1)(g) — Identity of Complainants and Accused in Sensitive Matters

In rare cases where the identity of the complainant or a witness could endanger their life or physical safety, Section 8(1)(g) may be invoked to withhold names. This applies mainly in cases where the accused is in a position to threaten witnesses. It does not apply to withhold information about the proceedings themselves.

Section 8(1)(j) — Personal Information

Information relating to personal details of the accused public servant — medical records, private correspondence, personal financial affairs unrelated to the complained conduct — may be withheld under Section 8(1)(j) if disclosure would be an unwarranted invasion of privacy and serves no public interest. However, official conduct, service records, actions taken in official capacity, and orders passed are not "personal information" and cannot be withheld on this ground.

What Cannot Be Withheld Under Any Exemption

• The fact of registration of a complaint and the complaint number
• The Lokayukta Annual Report (a publicly submitted legislative document)
• Aggregate statistical data on complaints received, disposed, and pending
• Copies of orders or recommendations already communicated to the relevant department
• Status of compliance by government departments with Lokayukta recommendations

How to File RTI with the Bihar Lokayukta

Step 1: Identify the Correct CPIO

File your RTI application with the CPIO, Bihar Lokayukta, Patna. The Bihar Lokayukta is a standalone statutory authority — it is not subordinate to the Home Department or the General Administration Department. Address the application directly to the CPIO at the Lokayukta's office in Patna.

Step 2: Gather the Key Details Before Drafting

Compile the following before you write your RTI application:

• Your complaint number issued by the Lokayukta registry when you filed the complaint (this is the most important reference point — without it, the CPIO may have difficulty locating your file)
• The date on which you filed the complaint with the Lokayukta
• The name and designation of the public servant against whom the complaint was filed
• The department or organisation in which the accused officer works
• A brief description of the nature of the complaint (bribery, misuse of office, illegal order, etc.) — for context, not for re-arguing the merits

If you did not receive a complaint number when you filed the complaint, make that a specific question in your RTI — ask whether your complaint filed on date against officer name and designation was registered, and if so, what complaint number was assigned.

Step 3: Draft Your RTI Application

Frame your questions precisely around administrative facts and procedural status — not the substantive merits of the complaint. Do not use the RTI application as a vehicle to argue your case or to repeat the allegations. The sample questions at the top of this guide illustrate the recommended approach.

For ongoing inquiries, include a note that you do not seek information that would impede the inquiry — only procedural status, registration details, and copies of orders already issued. This signals awareness of the Section 8(1)(h) exemption and reduces the risk of a blanket refusal.

Step 4: File Online or by Post

Online filing is available through rtionline.bihar.gov.in (Bihar's state RTI portal). Select the Bihar Lokayukta as the public authority. Pay the ₹10 fee online. Download and retain the timestamped acknowledgement with registration number — this is your proof of filing and starts the 30-day response clock.

Note: The Bihar Lokayukta is a state government body. The Central Government portal rtionline.gov.in covers only Central Government public authorities and cannot be used for the Bihar Lokayukta.

By post: Send a written application to the CPIO, Bihar Lokayukta, Patna by registered post with acknowledgement due (RPAD). Enclose a crossed Indian Postal Order (IPO) of ₹10 payable to the CPIO, Bihar Lokayukta. Retain the postal receipt and the AD card when it returns — the date of delivery on the AD card marks the start of the 30-day response period.

In person: The application may be submitted in person at the Lokayukta office in Patna during working hours. Carry two copies — one for filing and one to be stamped and returned as your receipt.

BPL exemption: BPL cardholders are exempt from the ₹10 fee under Section 7(5) of the RTI Act. Attach a self-attested copy of your BPL ration card. Copy charges (₹2 per A4 page) remain applicable unless the relevant state rules provide otherwise.

Step 5: Monitor the Response

The CPIO must respond within 30 days of receipt under Section 7(1). If the information sought concerns the life or liberty of a person, the deadline is 48 hours under the Section 7(1) proviso. If the CPIO transfers your application to another public authority under Section 6(3) (because the records are held elsewhere), the 30-day clock still runs from the date of original receipt.

Keep a dated record of when you filed and when 30 days will expire. If no response arrives by day 30, treat it as a deemed refusal and proceed to the First Appeal.

First Appeal — Section 19(1)

If the CPIO of the Bihar Lokayukta:

• Does not respond within 30 days of receipt of your application
• Refuses to provide information without citing valid exemptions with reasons
• Provides an incomplete, evasive, or incorrect response
• Demands excess fees or imposes conditions not authorised by the RTI Act

...file a First Appeal under Section 19(1) of the RTI Act with the First Appellate Authority (FAA) designated within the Bihar Lokayukta — typically a senior officer of the Lokayukta's office above the CPIO in rank.

Timing: The First Appeal must be filed within 30 days of the date of the CPIO's decision, or of the expiry of the 30-day response period, whichever is applicable. The FAA has discretion to condone delay for sufficient cause. Missing the deadline does not permanently bar you, but prompt filing is strongly advisable.

Format: Your First Appeal should include:

• Your name and contact details
• The date and registration number of your original RTI application
• A clear statement of the information sought
• The CPIO's response (if any) and the specific reason why it is inadequate
• Whether you are appealing on grounds of non-response, unjustified refusal, or incomplete response
• The specific relief you seek — e.g., direction to furnish the information denied, within a specified time

No fee is payable for the First Appeal. Send it by RPAD and retain the postal receipt. The FAA must decide the First Appeal within 30 days of receipt, extendable to 45 days with written reasons.

Second Appeal to the Bihar Information Commission — Section 19(3)

If the First Appellate Authority does not respond within 45 days, or if the FAA's decision is unsatisfactory, the next step is a Second Appeal to the Bihar Information Commission (BIC).

The Bihar Information Commission is constituted under Section 15 of the RTI Act, 2005 as the independent apex authority for RTI compliance by all public authorities of the Bihar State Government — including the Bihar Lokayukta. The Central Information Commission (CIC) has no jurisdiction over Bihar state government bodies. Filing a Second Appeal with the CIC for a Bihar Lokayukta matter will result in it being dismissed as non-maintainable.

Timing: File the Second Appeal within 90 days of the date of the FAA's decision, or of the expiry of the FAA's response deadline if no decision was received.

What the BIC can do:

• Direct the CPIO to furnish the specific information withheld, within a fixed time
• Impose a personal monetary penalty of ₹250 per day (up to ₹25,000) on the CPIO under Section 20 of the RTI Act, after giving the CPIO a hearing, for failure to comply without reasonable cause
• Recommend disciplinary action against the CPIO to the competent authority if there is persistent non-compliance
• Award compensation to the applicant for loss suffered due to the CPIO's default

The BIC proceedings are quasi-judicial — both the appellant and the CPIO are given an opportunity to be heard, in person or through a representative. Bring all documentation: original RTI application, postal acknowledgement, CPIO response (if any), First Appeal, and FAA response (if any).

Section 20 Penalty — A Key Deterrent

Section 20 of the RTI Act gives State Information Commissioners the power to impose penalties on CPIOs who fail to comply with the Act's provisions without reasonable cause. The penalty is:

• ₹250 per day for each day of delay beyond the statutory deadline
• Subject to a maximum of ₹25,000 per case
• Imposed in the CPIO's personal capacity — deducted from their salary, not paid by the government

The BIC must give the CPIO a reasonable opportunity to be heard before imposing a penalty. However, the threat of personal financial liability is a significant deterrent. Citing Section 20 explicitly in your Second Appeal petition draws the CPIO's attention to the personal consequences of non-compliance, and often prompts disclosure before the BIC even hears the matter.

Practical Tips for Bihar Lokayukta RTI Applications

Always include your complaint number: The Lokayukta registry handles many hundreds of complaints. Without your specific complaint number, the CPIO may genuinely be unable to locate your file — or may provide a vague generic response. If you were not given a complaint number, make the confirmation of registration and the assignment of a complaint number your first RTI question.

Ask for specific documents, not for conclusions: RTI is a right to access records held by a public authority — it is not a right to demand legal opinions, a declaration that your complaint is well-founded, or an instruction to the Lokayukta on how to decide your case. Ask for: "a certified copy of the registration acknowledgement for complaint no. XXXX," or "a copy of any notice issued to Officer Name and Designation in connection with this complaint" — not "please confirm that the accused is corrupt."

Request notices and orders already issued: Once a notice or order has been issued to the accused public servant and served, it is no longer operationally sensitive. It is a document created in the discharge of official function and must be provided. If the CPIO refuses to provide copies of already-served notices on grounds of Section 8(1)(h), that refusal is unjustified.

Track government compliance via RTI with the department: After the Lokayukta makes a recommendation, the locus of accountability shifts to the relevant department. File a separate RTI with that department to track compliance. The Bihar Lokayukta Act requires departments to act on recommendations, but without a specific RTI demand in writing, departments can sit on the file indefinitely without public record.

Use RTI to obtain the Annual Report: The Bihar Lokayukta Annual Report is a public document submitted to the Governor and laid before the Legislature. If it has not been published or is not accessible online, an RTI application to the CPIO is the correct route to compel its provision. The annual report contains aggregate accountability data that is extremely useful for public interest journalism and advocacy.

File a Second Appeal promptly: If the FAA of the Bihar Lokayukta does not respond or the response is unsatisfactory, do not delay the Second Appeal to the BIC beyond the 90-day window. The BIC has the power to award compensation for loss caused by delay — the longer the delay documented in your appeal, the stronger the case for penalties under Section 20.

Do not use RTI as a substitute for the complaint process: RTI is a tool to monitor your complaint, not to re-file it or to substitute the Lokayukta's jurisdiction. If you have not yet filed a formal complaint with the Bihar Lokayukta about the corruption or misconduct you witnessed, that should come first. File RTI once the complaint is lodged and you need to track its progress.

RTI Act Sections Quick Reference

Section 2(h): Defines "public authority" — includes any authority or body established by or under a law made by the State Legislature. The Bihar Lokayukta, established under the Bihar Lokayukta Act, is a public authority under this definition.

Section 6: Procedure for filing — a written request to the CPIO with the ₹10 fee. No reason for seeking the information need be stated.

Section 7(1): The CPIO must provide the information or issue a reasoned refusal within 30 days of receipt of the application.

Section 7(1) Proviso: Where the information concerns the life or liberty of a person, the CPIO must respond within 48 hours.

Section 8(1)(g): Exemption for information that would endanger the life or physical safety of any person. May apply in rare cases involving the identity of witnesses in dangerous situations.

Section 8(1)(h): Exemption for information that would impede the process of investigation or prosecution of offenders. Applies to ongoing live inquiries — not to completed cases or administrative/procedural facts.

Section 8(1)(j): Exemption for personal information with no public interest justification. Cannot shield records of official conduct or actions taken in official capacity.

Section 19(1): 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.

Section 19(3): Second Appeal to the Bihar Information Commission (BIC) — the state-level appellate authority for all Bihar state government public authorities. Not the CIC.

Section 20: Penalty of ₹250 per day (maximum ₹25,000) imposed by the BIC on the CPIO personally for failure to comply without reasonable cause, after a hearing. The BIC may also recommend disciplinary action against the CPIO.