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

Citizens who file complaints with the Rajasthan Lokayukta against corrupt or maladministering state government officials often encounter a persistent problem: once the complaint is submitted, the proceedings become invisible. Weeks and months pass, and there is no official communication about whether the complaint was registered, whether an inquiry notice was issued to the accused official, whether any direction was given to the department, or whether the department complied. The Right to Information Act, 2005 is a powerful and legally enforceable tool to cut through this opacity.

The Office of the Rajasthan Lokayukta is a public authority under Section 2(h) of the RTI Act, 2005. It is legally obliged to respond to RTI applications within 30 days of receipt, or within 48 hours if the matter concerns the life or liberty of a person. Failure to respond within the prescribed period is treated as a deemed refusal and gives the applicant the right to file a First Appeal and, thereafter, a Second Appeal to the Rajasthan State Information Commission (RSIC). This guide explains the Lokayukta's role, what information can be obtained through RTI, how to file, and how to pursue appeals.

The Rajasthan Lokayukta: Jurisdiction and Powers

The Rajasthan Lokayukta and Up-Lokayuktas are established under the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973. The institution predates the RTI Act by over three decades and represents one of Rajasthan's principal state-level accountability mechanisms for administrative corruption and maladministration.

The Lokayukta is typically a retired judge of the Supreme Court or a High Court, appointed by the Governor in consultation with the Chief Justice of the Rajasthan High Court and the Speaker of the Legislative Assembly. The Lokayukta's independence from the executive government is structural — the office cannot be removed except by a process analogous to the removal of a High Court judge, and the Lokayukta is not answerable to any minister or department on matters of inquiry.

What the Lokayukta Investigates

The Lokayukta investigates allegations of:

• Corruption — demanding or accepting gratification beyond legal remuneration, misuse of official position for personal or third-party gain, and conduct amounting to criminal misconduct within the scope of the 1973 Act
• Maladministration — unreasonable, unjust, oppressive, or improper exercise of discretion by a public servant; undue delay in taking action; action taken without authority or in excess of authority; negligence or inattention causing harm
• Abuse of power — use of official position to harass, victimise, favour, or discriminate in a manner not sanctioned by law

The Lokayukta has powers to:

• Call for records, documents, and files from any department
• Issue notice to the accused public servant and the department
• Examine witnesses and record statements
• Conduct local inspections
• Issue recommendations to the state government or department for remedial action, disciplinary proceedings, or prosecution
• Submit special reports to the Governor and the Rajasthan Legislature on matters of systemic corruption or institutional failure

Up-Lokayuktas

The Act also provides for one or more Up-Lokayuktas, who are typically retired High Court judges or senior legal officers. Up-Lokayuktas handle complaints against a broader range of officials — including those in Group B (Class II) and below — and may be assigned specific districts or departmental portfolios to decentralise the workload. Complaints against lower-ranking officials in districts outside Jaipur may be handled through an Up-Lokayukta's office. For RTI purposes, the parent office of the Rajasthan Lokayukta at Jaipur is the primary authority; if there is a separate Up-Lokayukta office with its own designated CPIO, the RTI application should be filed there for records held at that office.

Why RTI Matters for Lokayukta Proceedings

Despite the Lokayukta being a statutory accountability body, several structural information gaps arise in practice:

Complaint status opacity: After submitting a complaint, the complainant may receive no written acknowledgement, no registration number, or no indication of whether the complaint was admitted or rejected. The Lokayukta's 1973 Act does not mandate regular written updates to complainants in the manner that court proceedings generate cause lists and orders.

Inquiry proceedings not shared: Lokayukta inquiries are quasi-judicial and not open to the public in the manner of court proceedings. Complainants frequently do not know whether the accused official was issued a notice, whether the department filed a reply, whether an inquiry was conducted, or what the findings were.

Directions not complied with: One of the most significant challenges for the Lokayukta system nationally is executive non-compliance with Lokayukta recommendations. A direction may be issued to a department, but the department may delay compliance, partially comply, or ignore the direction entirely. Without RTI, the complainant has no mechanism to establish on record whether compliance occurred and what the department's response was.

Annual reports not widely disseminated: The Lokayukta submits an annual report to the Governor, which is then laid before the Rajasthan Legislature. These reports contain aggregate statistics and thematic analyses of departmental corruption, but they are not widely circulated in the public domain or easily accessible without specifically requesting them.

RTI addresses all of these gaps with a legally binding response obligation.

What You Can Obtain Through RTI

Complaint Registration and Status

• Whether a specific complaint was registered, and its registration number if assigned
• The current stage of proceedings — whether the complaint is under scrutiny, referred for inquiry, pending notice to the accused, under hearing, or disposed of
• The date of each stage of the proceedings as recorded in the office file
• Whether the complaint was rejected at the threshold stage and, if so, the reason recorded for rejection
• Whether the complainant was required to provide any additional information and whether that requirement was communicated

Inquiry Proceedings and Directions

• Whether the Lokayukta issued notice to the accused public servant and the date of such notice
• Whether the accused public servant filed a reply to the inquiry notice and the date of filing
• Copies of any interim orders, directions, or recommendations issued in a specific complaint, including the date and the addressee department
• Whether the matter was referred to any other authority — such as the ACB, Vigilance Department, or the concerned department — for further inquiry or action, and on what basis
• Whether the Lokayukta suo motu took up a matter arising from the same complaint

Compliance by Departments

• The compliance action taken by a named department on a Lokayukta direction dated a specific date — specifically whether compliance was reported, the date of the compliance report, and the nature of action taken
• Where compliance is reported as pending: the reason recorded by the department for non-compliance and any extension sought
• Any correspondence between the Lokayukta office and the department regarding compliance monitoring for a specific direction
• Whether non-compliant departments were the subject of a special report to the Governor or Legislature

Aggregate Statistics and Annual Reports

• Number of complaints received by the Rajasthan Lokayukta in a specified year, broken down by category (corruption, maladministration, abuse of power, other)
• Number of complaints registered, rejected at threshold, referred for inquiry, disposed of, and pending
• Number of directions or recommendations issued and the number on which compliance was reported
• A copy of the Rajasthan Lokayukta Annual Report for a specified year, including statistical tables and observations on departmental compliance

How to File: Using the Rajasthan RTI Portal

Step 1: Gather Your Details

Before drafting the RTI application, compile:

• The registration number of your complaint with the Lokayukta, if one was assigned (check any acknowledgement letter or postal receipt)
• The date of submission of the complaint and the mode of filing (in person, by post, or online)
• The name and designation of the public servant complained against, and the department
• A brief description of the subject matter of the complaint — without rhetorical language or accusations not relevant to the information sought

Step 2: Draft Your Application

Use the sample draft provided above as a template. Keep your questions limited to procedural facts, status information, and copies of directions or official documents. Avoid mixing a grievance about the Lokayukta's substantive findings into an RTI application — RTI is for accessing information, not for challenging the merits of an inquiry finding. For challenging a finding on its merits, the 1973 Act provides for representations to the Lokayukta itself, and judicial review may lie before the Rajasthan High Court.

Step 3: File Online via rti.rajasthan.gov.in

The Government of Rajasthan maintains the RTI online portal at rti.rajasthan.gov.in. To file through this portal:

1. Visit rti.rajasthan.gov.in and register or log in with your mobile number or email.
2. Select the public authority — navigate to the Office of the Rajasthan Lokayukta (or the relevant Up-Lokayukta office, if applicable).
3. Complete the online application form and enter the information sought clearly and sequentially, numbering each question.
4. Pay the ₹10 application fee online. BPL cardholders may upload a self-attested copy of their BPL card and claim the fee exemption — no RTI application fee is payable by a person below the poverty line under Section 7(5) of the RTI Act.
5. Submit the application and note the acknowledgement number — this is essential for tracking your application and filing appeals.

Offline filing: If the portal does not list the Lokayukta as a selectable authority, or if you prefer to file by post, send your application by registered post or speed post to the CPIO, Office of the Rajasthan Lokayukta, Near Civil Lines, Jaipur – 302 005. Enclose a crossed Indian Postal Order (IPO) for ₹10 drawn in favour of the Accounts Officer, Office of the Rajasthan Lokayukta. Retain the postal receipt and a photocopy of the full application.

Step 4: First Appeal under Section 19(1)

If the CPIO does not respond within 30 days of the date of receipt (or within 48 hours if the matter concerns the life or liberty of a person), or if the response is incomplete, evasive, or constitutes an unjustified refusal, file a First Appeal with the First Appellate Authority (FAA) designated within the Office of the Rajasthan Lokayukta — typically the Registrar or the Secretary of the Lokayukta.

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 a First Appeal. Attach copies of the original RTI application, the postal or online submission proof, and the CPIO's response if any was received. The FAA is required to decide the appeal within 30 days of receipt, extendable to 45 days with written reasons.

Step 5: Second Appeal to RSIC under Section 19(3)

If the FAA also fails to respond or responds unsatisfactorily, file a Second Appeal with the Rajasthan State Information Commission (RSIC) under Section 19(3) of the RTI Act, within 90 days of the date of the FAA's decision or the expiry of the FAA's response period.

The RSIC is constituted under Section 15 of the RTI Act, 2005 and is the competent appellate body for all RTI matters concerning state public authorities in Rajasthan — including the Rajasthan Lokayukta. Do not file your second appeal with the Central Information Commission (CIC) — the CIC has jurisdiction exclusively over Central Government public authorities, and the Rajasthan Lokayukta is a state public authority under the Government of Rajasthan.

The RSIC can:

• Direct the CPIO to disclose the information withheld
• Impose a daily penalty of ₹250 (up to a maximum of ₹25,000) on the defaulting CPIO under Section 20 of the RTI Act
• Recommend departmental disciplinary action against the CPIO under applicable service rules
• Award reasonable compensation to the complainant in appropriate cases

Tips for an Effective RTI Application

Distinguish between your complaint to the Lokayukta and your RTI about Lokayukta records. These are two entirely separate legal acts. Filing an RTI application is not the same as filing a complaint with the Lokayukta. A complaint to the Lokayukta invokes the 1973 Act and asks the institution to investigate a public servant. An RTI application invokes the RTI Act and asks the institution to disclose information about its own proceedings and records. Conflating the two will result in an ineffective application.

Use RTI to check compliance with Lokayukta orders. When the Lokayukta issues a direction to a department — for instance, directing payment of compensation to a citizen, reversal of an arbitrary order, or initiation of disciplinary action against a corrupt official — the department is legally obliged to comply. However, non-compliance is common. RTI is the most direct mechanism to obtain the department's compliance report on record, or to establish that the department has not filed any compliance report despite the direction. This creates a documented trail that can support a representation to the Lokayukta for a follow-up inquiry into non-compliance.

Ask for the Annual Report by year. The Rajasthan Lokayukta Annual Report contains the most comprehensive publicly available data on the institution's functioning — number of complaints, category-wise disposal, nature of maladministration found, departments with recurring complaints, and a chapter on compliance with recommendations. Where the report is not publicly accessible online, RTI is the correct mechanism to obtain a copy.

Frame questions factually and specifically. Provide the complaint registration number, the date of filing, the name of the accused official, and the department. Vague questions — such as "Please provide all information about my complaint" — invite incomplete or technically compliant but practically useless responses. Number each question separately so the CPIO's response can be evaluated question-by-question in an appeal.

Invoke the 48-hour provision when applicable. If the information you are seeking relates to the life or liberty of a person — for instance, if your corruption complaint concerns an official who has threatened the complainant or witnesses — invoke the proviso to Section 7(1) of the RTI Act explicitly and state that the response is required within 48 hours.

Keep all records meticulously. Retain the acknowledgement number (from the online portal) or the postal tracking receipt, a complete copy of the RTI application with all pages, and all responses received. These are essential for First Appeal and Second Appeal proceedings before the RSIC.