ABOUT THE INSTITUTION OF LOKAYUKTA OF ANDHRA PRADESH
ORGANIZATION:
In order to redress the grievances of the citizens which were pouring more in number, the Administrative Reforms Commission, appointed by the Union Government in 1966, recommended the constitution of the Institutions of Lokayukta and Upa-Lokayukta, taking a clue from the Institution like OMBUDSMAN in the Scandinavian countries. In the light of those recommendations, the Institutions of Lokayukta were established in various States of our country with jurisdiction to deal with complaints not only against elective public servants, but also against the other categories of public servants defined in the Act.
In Andhra Pradesh, the A.P. Lokayukta Act 11 of 1983 came into force with effect from 1-11-1983 and this Institution started functioning from 15-11-1983 and since then this Institution has been able to march forward as an effective instrument in the hands of the public for curbing the evil of corruption and maladministration.
SALIENT FEATURES OF THE INSTITUTION:
The most prominent features of the Institution of Lokayukta in this State are:-
i) Independence from Executive Control;
ii) Informal procedure and easy accessibility to complaints; and
iii) Almost free and prompt services to the citizens.
FUNCTIONS & DUTIES:
The matters and actions of Public servants, which can form the subject matter of the complaint to the Institution of Lokayukta and Upa-Lokayukta, are:
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Any administrative action involving abuse of power for personal gain or to harm any one;
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Administrative actions motivated by improper or corrupt motives causing loss to the State or to any person; and
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All actions involving outright corruption or lack of integrity.
There are three modes for the Lokayukta and the Upa-Lokayukta to act for taking up investigation of Administrative actions of the nature as stated above.
Firstly, any citizen or aggrieved person can make a complaint. Secondly, the Lokayukta and Upa-Lokayukta suo-moto can take up investigation on the basis of information received by him otherwise than by way of complaints like newspapers, reports, etc. Thirdly, the Lokayukta or Upa-Lokayukta can act on a reference from the Governor.
For the purpose of conducting an investigation in accordance with the provisions of the Act, the Assembly of the new state of Andhra Pradesh approved that in addition to only serving Chief Justices or sitting judges, even retired Chief Justices or retired Justices can be considered to be eligible for appointment for the position as the State Lokayukta. Further, the Governor appoints one or more District Judges to act as Upa-Lokayuktas.
Peshi of the Lokayukta:
Peshi of The Lokayukta consists of Personal Secretary to Lokayukta, Personal Assistant to Lokayukta, Driver, Jamedar and Two Attenders.
Peshi of the Upa Lokayukta:
Peshi of The Upa Lokayukta consists of Personal Assistant to Upa Lokayukta, Driver, Jamedar and an Attender.
ADMINISTRATION:-
Registrar:
Overall administration of Office of the Institution of Lokayukta is under the charge of the Registrar, who is designated as the Head of the Department.
The Role of the Registrar
All the complaints filed before the Institution of Lokayukta will be addressed to the Registrar. And all the correspondence of the Institution of Lokayukta of Andhra Pradesh will be conducted in the name of the Registrar.
The Registrar
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administers office of the Institution of Lokayukta, taking instructions from Hon’ble the Lokayukta on all policy matters.
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scrutinizes the complaints and places them before Hon’ble the Lokayukta for consideration and necessary action.
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Assists the Hon’ble the Lokayukta in the preparation of the Annual Report to be submitted to The Hon’ble Governor of the State.
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assists the Hon’ble the Lokayukta in recruiting the officers and staff members of the Institution.
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assists the Hon’ble the Lokayukta in fixing Vacation of Hon’ble the Lokayukta and Hon’ble the Upa Lokayukta and also Public Holidays etc., for the establishment of the Institution.
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holds the overall in-charge of the administration of the Office of the Institution of Lokayukta including financial, budgetary, service matters of the officers and staff members, allocation of duties of officers and staff members and all other related functions for running the Office of the Institution of Lokayukta.
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acts as the First Appellate Authority under Right to Information Act-2005.
Peshi of the Registrar:
Peshi of the Registrar consists of Personal Assistant to Registrar, a Driver and an Attender.
To assist the Lokayukta and the Upa-Lokayukta the organization is divided into four functional wings, which are as under
(A) Administration Wing
(B) Judicial Wing
(C) Legal Wing
(D) Investigation Wing
(A) Administration Wing:
The Registrar with the Assistance of the Deputy Registrar, supervises the Administration Wing, which consists of two sections, which are
(i)Establishment Section and (ii)Accounts Section.
The Deputy Registrar:
The Deputy Registrar assists the Registrar in overall supervision of the functioning of the Office of the Institution of Lokayukta. In addition, the Deputy Registrar is the Drawing and Disbursing Officer of the Institution. The Deputy Registrar is designated as Public Information Officer under Right to Information Act-2005.
(i) Establishment Section:
The Establishment Section is headed by an Assistant Register, who functions with the assistance of the Section Officer.
The Establishment Section deals with recruitment of staff, service matters of officers and staff members like promotions, salary fixations, increments and other conditions of service and also maintenance of Service Registers and all other required registers. This section also deals with purchase and maintenance of Library, Stores, Furniture, Motor Vehicles, Stationery, Photo Copying Machine (Xerox), etc. Management of the events like Republic Day, Independence Day, etc. are also under the purview of this section. Further, maintenance of the premises is also under the purview of this section. The Inward and Dispatch Sections also work under Establishment Section.
For proper running of this section, apart from the Assistant Registrar and Section Officer, an Assistant Section Officer, Librarian, Stores In-charge, Stenographers, Typists, Assistants, Dispatch Clerk, Inward Clerk, Roneo Operator, Motor Vehicle Messenger, Driver, Attenders, Chowkidars, Gardeners, Sweeper-cum-Scavengers are required.
(ii) Accounts Section:
The Accounts Section is headed by Assistant Registrar (Accounts) who is assisted by the Accounts Officer, the Assistant Section Officer, U.D. Accountant, Typist, Assistant and Attender.
The Accounts Officer is the custodian of the Permanent Advance amount of the Office.
The Accounts Section deals with submitting budget proposals to the Government, receiving budget, preparation and submitting pay bills and other bills like Medical, Purchase Bills etc., deducting Income Tax at source from the salaries, receiving and remitting the complaint fees & RTIP fees etc., and maintenance of ledgers and other registers pertaining to the financial matters of the office.
(B) Judicial Wing:
Judicial Wing consists of five sections viz., (i)Complaints Section, (ii)Judicial B-1 Section, (iii)Judicial B-2 Section (iv)Record Room & (v)RTI Section. All these five sections function under the overall supervision of Assistant Registrar (Judicial).
(i) Complaints Section:
Assistant Registrar and Section Officer with the assistance of an Assistant Section Officer, Stenographers, Typists, Assistants and Attenders administers this section. Complaints filed by the Complainants will be processed, scrutinized, and registered in this section and the relevant registers are maintained by this section.
The complaints are segregated under due procedure and the matters are registered as B1 complaints and B2 complaints. B1 complaints are placed before the Lokayukta and B2 complaints before the Upa Lokayukta for consideration and redressal.
(ii) Judicial B-1 Section:
This section deals with the Bench of the Lokayukta. One Section Officer for attending the Bench and the other for looking after the section, assisted by Assistant Section Officers, Stenographers, Typists, Assistants, Record Assistants and Attenders to run this section.
The complaints registered as B1 complaints, for being resolved by Lokayukta, are dealt with in B1 section.
The files received from Complaints Section, are attended to in this Section by placing them before the Lokayukta for securing relevant orders on the days of posting of the same. Further, this Section processes the orders passed by the Lokayukta by way of calling for reports/comments etc., from the concerned, as per the orders. This Section prepares Cause Lists, maintains the records, files and relevant registrars in connection with the various complaints received in this Section, till the said complaints reach their logical conclusion/disposal.
After disposal, the files relating to disposed off complaints will be consigned to the record room.
(iii) Judicial B-2 Section:
The complaints registered as B2 complaints, for being resolved by Upa Lokayukta, are dealt with in B2 section.
This section deals with the Bench of the Upa Lokayukta. Two Section Officers, one for attending the Bench and the other for looking after the section, assisted by Assistant Section Officers, Stenographers, Typists, Assistants, Record Assistants and Attenders, run this section.
The files received from Complaints Section, are attended to in this Section by placing them before the Upa Lokayukta for securing relevant orders. Further, this Section processes the orders passed by the Upa Lokayukta by way of calling for reports/comments etc., from the concerned. This Section also prepares Cause Lists, maintains the records, files and relevant registrars in connection with the various complaints received in this Section, till the said complaints reach their logical conclusion/disposal.
After disposal, the files relating to disposed off complaints will be consigned to the record room.
(iv) Record Room:
Record Room is manned by a Section Officer, assisted by an Assistant Section Officer, Assistant, Record Keeper and an Attender.
All the disposed off records, closed registers and files will be kept in the Record Room for safe keeping, after entering into relevant registers.
(v) Right to Information Section:
Several applications are being received from the general public under The Right to Information Act-2005.
As mandated in The Right to Information Act-2005, the officers of Institution are designated in various capacities to deal with the applications received under the said Act.
The Assistant Registrar is designated as Assistant Public Information Officer under The Right to Information Act-2005.
The Deputy Registrar is designated as Public Information Officer under The Right to Information Act-2005.
The Registrar is designated as First Appellate Authority under The Right to Information Act-2005.
All these officers are being assisted by an Assistant Section Officer, Assistant, and an Attender.
(C) Legal Wing:
This Legal Wing consists of two Offices:-
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The Office of the Director (Legal) &
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The Office of the Deputy Director (Legal).
(i) The office of the Director (Legal):
The Director (Legal) is a Category-II Officer. He assists the Lokayukta in dealing with and disposal of the complaints. He will be functioning with the assistance of a Special Category Stenographer, a Typist, an Assistant, a Driver and an Attender.
B-1 Section is dealing with the complaints being placed before the Lokayukta for consideration and disposal. The Director (Legal) assists the Lokayukta in connection with the complaints being processed and dealt with by B-1 Section.
The Director (Legal) assists Lokayukta in day to day dealing of the listed cases in B-1 Section, during call work. He prepares Brief Notes after examining the various reports received from the Public Servants and also various documents which come up for consideration in connection with the complaints, to assist Lokayukta. Further, he gives his Legal Opinions when the matters are referred for the same by the Lokayukta.
The Director (Legal) assists the proceedings during Final Investigation of the complaints by preparing the Statement of Allegations against the Public Servants, the list of witnesses to be examined during the Final Investigation and also list of documents to be confronted to the witnesses during recording of the evidence.
Further, if the Complainant has no legal assistance, during the Final Investigation, the Director (Legal) will be presenting the case of the Complainant before the Lokayukta and also lead the evidence on behalf of the Complainant to assist the proceedings. He will be advancing arguments also on behalf of the Complainant, if he got no legal assistance.
(ii) The office of the Deputy Director (Legal):
The Deputy Director (Legal) is a Category-III Officer. He assists the Upa Lokayukta in dealing with and disposal of the complaints. He will be functioning with the assistance of a Special Category Stenographer, a Typist, an Assistant, a Driver and an Attender.
B-2 Section deals with the complaints being placed before the Upa Lokayukta for consideration and disposal. The Deputy Director (Legal) assists the Upa Lokayukta in connection with the complaints being processed and dealt with by B-2 Section.
The Deputy Director (Legal) assists Upa Lokayukta in day to day dealing of the listed cases in B-2 Section during call work. He prepares Brief Notes of the various reports received from the Public Servants and others and also various documents which come up for consideration in connection with the complaints, to assist Upa Lokayukta. Further, he gives his Legal Opinions when the matters are referred for the same by the Upa Lokayukta.
The Deputy Director (Legal) assists the proceedings during Final Investigation of the complaints by preparing the Statement of Allegations against the Public Servants, the list of witnesses to be examined during the Final Investigation and also list of documents to be confronted to the witnesses during recording of the evidence.
Further, if the Complainant has no legal assistance, during the Final Investigation, the Deputy Director (Legal) will present the case of the Complainant before the Upa Lokayukta and also lead the evidence on behalf of the Complainant to assist the proceedings. He will be advancing arguments also on behalf of the Complainant, if the complainant has no legal assistance.
(D) Investigation Wing:
There is an Investigation Wing consisting of the Posts of Director (Investigation) and several Investigation Officers. These officers assist the Lokayukta and the Upa Lokayukta in the investigation to be held into the various allegations made against the Public Servants in the complaints filed before this Institution.
The Director (Investigation) who is of the rank of Inspector General of Police is heading the Investigation Wing. He functions with the assistance of Deputy Directors (5 in number), Investigating Officers (2 in number), Head Constables(2 in number) and Police Constables (6 in number). Further, a Stenographer, a Typist, a Driver and an Attender are working in the Investigation Wing.
The Investigation Wing probes in to the allegations referred to them by the Lokayukta or Upa-Lokayukta and after making such confidential probe as required, submits report together with any documents or other material collected during such confidential probe. The Investigation Officers conducts discreet enquiries in connection with the allegations and the reports being submitted by them are immense help to the Lokayukta or Upa-Lokayukta in determining the veracity of the given complaint and whether to proceed with further investigation in the allegations, made therein or otherwise.
The Investigation Wing maintains utmost confidentiality and secrecy of information during the discreet enquiry being made by it and conducts probe into the allegations most impartially.
When occasion arises, the office will be entrusting Summons to be served on the witnesses/parties to the complaint and also Warrants to be executed on such persons, to the Investigation Wing for Service of Summons/Execution of the Warrants and they will be discharging the said functions also, most effectively, submit compliance reports and assist the Institution.
The officers who conduct investigation may sometimes be required to give their evidence during Final Investigation, in connection with the enquiries made by them and the reports submitted by them.
ACCOMMODATION:-
The Institution of Lokayukta is presently accommodated in a rented building bearing D.No. 96/3-72-124-1, Santoshnagar, Kurnool, consists of Ground + 3 floors.