Lokayukta and the Process of Filing Complaints Against Public Officials in Himachal Pradesh

Ensuring transparency and accountability in public administration is essential for good governance. In Himachal Pradesh, the Lokayukta plays a vital role as a quasi-judicial authority in investigating complaints of corruption, abuse of power, and maladministration against high-ranking public officials, including ministers, legislators, and senior officers.

The office of the Lokayukta is a beacon of hope for citizens who seek action against unethical or illegal conduct by public servants in the state.

⚖️ What Is the Lokayukta?

The Lokayukta is an independent statutory authority established under the Himachal Pradesh Lokayukta Act, 2014, in compliance with the national Lokpal and Lokayuktas Act, 2013. It functions as an ombudsman with the mandate to:

• Inquire into allegations of corruption

• Investigate misuse of position or authority

• Recommend prosecution or disciplinary action

• Promote integrity in public service

The Lokayukta is typically a retired judge of the High Court or Supreme Court, and the post carries wide investigative and quasi-judicial powers.

👤 Who Can Be Investigated?

The Lokayukta can take up complaints against:

• Ministers of the State Government

• Members of the Legislative Assembly (MLAs)

• Senior IAS/State civil service officers

• Chairpersons and officers of public sector undertakings, boards, and corporations

• Other public servants as defined under the Act

It does not entertain complaints against private individuals unless they are accused in conspiracy with public officials.

📝 How to File a Complaint

Anyone—including an individual, NGO, or whistleblower—can file a complaint before the Lokayukta. The process includes:

1. Drafting the Complaint

The complaint must clearly mention:

• Full details of the complainant (name, address, contact)

• Identity of the public servant

• Specific allegations with dates and facts

• Supporting documents, if available

• Declaration that the facts stated are true

2. Verification

The complaint must be signed and verified through an affidavit.

3. Mode of Submission

The complaint can be submitted:

• In person at the Lokayukta office

• Through post/courier

• Some states also offer online portals (to be checked for Himachal)

Frivolous or vague complaints are liable to be dismissed at the preliminary stage.

🔍 Investigation Process

After receiving a complaint, the Lokayukta may:

• Conduct a preliminary inquiry to determine whether the complaint is prima facie valid

• Seek reports and records from concerned departments

• Call for affidavits, summon witnesses, and examine documents

• Hold confidential or open hearings depending on the case

• Refer cases for further investigation by Vigilance or other agencies

If charges are proved, the Lokayukta may recommend:

• Disciplinary action

• Prosecution

• Reforms in process or policy

⚠️ Limitations and Scope

The Lokayukta cannot impose punishments directly. It can only recommend action to the competent authority (government, head of department, etc.). However, its recommendations carry significant moral and legal weight, and failure to act can be challenged in the High Court.

Complaints regarding matters pending before a court, service matters, or policy decisions generally fall outside its jurisdiction.

🔁 Appeals and Judicial Oversight

Though there is no formal appeal against the Lokayukta’s decision, its recommendations can be:

• Challenged before the High Court via a writ petition if there is procedural irregularity

• Enforced through public interest litigation if not acted upon by the government

The Lokayukta can also direct authorities to report back on the action taken within a specified time frame.

🚫 Misuse and Safeguards

To prevent misuse of the process:

• The complainant must file an affidavit

• False complaints can attract penalties under the Act

• Identity may be kept confidential in sensitive matters

These checks ensure the credibility of the institution and prevent harassment of honest officers.

👨‍⚖️ Why Choose Barowalia & Associates

Our firm is experienced in preparing, drafting, and pursuing complaints before quasi-judicial bodies including the Lokayukta. We help clients:

• ✅ Draft detailed, lawful, and supported complaints

• ✅ Ensure procedural compliance and proper affidavit submission

• ✅ Liaise with the Lokayukta office for status and hearings

• ✅ Represent in connected proceedings before departments or courts

• ✅ Handle retaliation or whistleblower-related concerns

We ensure your voice is heard clearly, effectively, and lawfully—contributing to a more transparent and accountable administration.