How to File Complaint

One can file a complaint to the office of the Lokayukta and Upa-Lokayukta, Mumbai against any public servant all over Maharashtra as defined under section 2(k) of the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971 either by e-mail, post, or personally. Prior to approaching this office, in cases of grievances, the complainant should first take up his complaint against the concerned public servant with the senior officials of the concerned department. Similarly, he should avail the other remedy if any available to him.

This office receives complaints in the nature of grievances and allegations. The complaint involving a grievance can be filed within 12 months from the date on which the action complained against became known to the complainant while the complaint involving an allegation can be made within 3 years from the date on which the action complained against is alleged to have taken place. If the complainant failed to submit a complaint involving a grievance within the stipulated time limit, there is a provision for condonation of such delay if the complainant submits a statement of grounds showing sufficient cause for not making the complaint within the specified period.

The format of the complaint is prescribed under the schedule. However, this office does not insist the complainant file a complaint in a prescribed format. The complainant has to furnish his full name, address for correspondence, mobile or any other contact number, and e-mail address if available in his complaint. Every complaint should be duly signed by the complainant or, if he is illiterate, it should bear his thumb impression duly attested by a literate person. The complainant should submit his complaint along with its enclosures in duplicate and also should attach copies of correspondence already made with the concerned authorities regarding his complaint. Similarly, in the case of a complaint involving allegations, the complainant should file an original affidavit in support of allegations made against the public servant, duly sworn in before the competent authority, as well as as many spare copies of the complaint and its enclosure as there are public servants alleged against.

Lokayukta and Upa-Lokayukta do not have jurisdiction to intervene in:

1. Action taken for the purpose of investigating crime or protecting the security of the State.
2. Action in which a remedy by way of approaching the court of law is available.
3. Action taken in matters that arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers, except where the complainant alleges harassment or gross delay in meeting contractual obligations.
4. Matters related to service conditions.
5. Grant of honors and awards.

Similarly, the Lokayukta and Upa-Lokayukta cannot conduct any investigation in respect of any action taken by or with the approval of any Judge, any officer or servant of any court in India, the Accountant General, Maharashtra, Maharashtra State Public Service Commission, the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners and the Chief Electoral Officer, Maharashtra State, the Speaker of the Maharashtra Legislative Assembly or the Chairman of the Maharashtra Legislative Council, any member of the Secretarial staff of either house of the legislature.

Every complaint under the Act shall be made as far as possible in the form prescribed in schedule – ‘A’

1. The complaint shall contain the following particulars:
   • The name and address of the complainant.
   • The name and address of the public servant against whom a complaint involving a grievance or an allegation is made.
   • If a complaint involving a grievance is made after the expiry of 12 months from the date of action complained against, the date on which the said action became known to the complainant and a statement of grounds showing sufficient cause for not making the complaint within the period specified in section 8(5)(a).
   • Every complaint shall be legibly typed or written on foolscap paper, only on one side, leaving one-fourth of each page as a margin.
2. However, the Hon’ble Lokayukta / Upa-Lokayukta may exempt any other person from filing a complaint/affidavit in the prescribed format.
3. As per the provision under section 9(3) of the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971, the aforesaid formalities are not applicable to complaints addressed to the Lokayukta or Upa-Lokayukta by a person in police custody, in a gaol, in an asylum, or any other place for insane persons. However, if the Hon’ble Lokayukta / Upa-Lokayukta orders so, such a person will be required to file a complaint or an affidavit (as the case may be) in the prescribed format.

1. Every affidavit shall be drawn up clearly and legibly, and as far as possible, in a language that the person making it understands.
2. It shall be drawn in the first person and shall be divided into paragraphs, if any, which should be numbered consecutively.
3. Each paragraph shall, as far as possible, be confined to a distinct subject or portion thereof.
4. The affidavit to be submitted to this office shall be sworn in before the Registrar or the Assistant Registrar of the office of the Lokayukta and Upa-Lokayukta or a person legally authorized to administer an oath.
5. Every affidavit shall be legibly typed or written on foolscap paper, only on one side, leaving one-fourth of each page as a margin.
6. However, the Hon’ble Lokayukta / Upa-Lokayukta may exempt any other person from filing a complaint/affidavit in the prescribed format.
7. As per the provision under section 9(3) of the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971, the aforesaid formalities are not applicable to complaints addressed to the Lokayukta or Upa-Lokayukta by a person in police custody, in a gaol, in an asylum, or any other place for insane persons. However, if the Hon’ble Lokayukta / Upa-Lokayukta orders so, such a person will be required to file a complaint or an affidavit (as the case may be) in the prescribed format.

All such documents filed shall be accompanied by a list in the form prescribed in Schedule – ‘B’.