Govt to block pensionary claims of officers superannuated before conclusion of enquiries

*Fixes one month time for completion of pending RDAs
Mohinder Verma
JAMMU, July 1: While dispensing with the services of 63 dead-wood, the Government has decided to block the pensionary claims of all those officers and officials, who have superannuated without conclusion of regular departmental enquiries against them. Moreover, one month time has been given to the Administrative Secretaries of all the departments for conclusion of pending Regular Departmental Actions.
The decision to block the pensionary claims was taken in the light of the concern expressed by the State High Court in the much-publicised Public Interest Litigation (PIL) titled Sheikh Mohammad Shafi and Another Versus Union of India and Others. The High Court has a number of times scolded the General Administration Department for inordinate delay in completion of 147 departmental enquiries by different departments.
On May 13, the EXCELSIOR had exclusively highlighted that the State High Court has noted with anguish and displeasure the tendency of allowing corrupt officers to superannuate without conclusion of departmental action. Even Justice Hasnain Masoodi, who was heading the Division Bench at that time, had in the open court stated that as per the latest judgment of Supreme Court, disciplinary proceedings can go on against officers even after retirement from Government services.
Moreover, Justice Masoodi had directed the Secretary, General Administration Department, to apprise the High Court about the rules in vogue to deal with the officers, who are facing various charges but have retired from the Government services.
Now, in the light of directions dated May 13 from the High Court, the Government has decided to block the pensionary benefits of those officers and officials, who have superannuated during the pendency of Regular Departmental Action.
“The concerned departments have been asked not to finalize the full pensionary claims in favour of the alleged accused against whom departmental action is pending”, the GAD said in a communication to the State High Court, the copy of which is available with EXCELSIOR. “They have been asked to seek vigilance clearance of all the delinquent public servants involved in pending 147 Regular Departmental Actions from the General Administration Department before settling their full pensionary claims”, the communiqué said.
Moreover, the departments have been asked to intimate whether any officer is serving after his/her retirement in any other corporation or statutory or autonomous body so that action is initiated in this regard also.
The General Administration Department has also admitted before the High Court that various departments were soft-paddling on the pending Regular Departmental Actions despite being competent under J&K Civil Services Rules, 1956 to conclude the enquiries on merits of each case.
Now, the Government has given last one month time to the Administrative Secretaries of the concerned departments for completion of all pending enquiries with the approval of competent authority. Moreover, they have been asked to intimate names of alleged accused, present place of posting, date of initiation of inquiry, stage of inquiry and reasons for delay within one week’s time.
“These departments have also been asked to intimate that whether full pensionary benefits have been released in favour of the retired delinquent public servants without concluding enquiries pending against them and without obtaining clearance from the GAD”, further said the communiqué addressed to High Court.
In the cases where recovery has been made from delinquent public servants involved in the cases, further action in terms of J&K CCA Rules will be initiated so that penalties can be imposed upon them, the GAD said in the communication, adding “in case of considerable delay in completing the enquiries show cause notices will be issued to the Inquiry Officers for dereliction of duties”.
According to latest data available with EXCELSIOR, 15 enquires are still pending in Public Works Department, 11 in Rural Development Department and one each in Animal and Sheep Husbandry, Floriculture, Technical Education, Cooperative and Finance Departments.
Similarly, three enquiries are pending in Consumer Affairs and Public Distribution Department, two in Industries and Commerce Department, nine in Public Health Engineering and Flood Control Department, five in School Education Department, two in Forest, seven in Health and Medical Education, five in Higher Education, 15 in Revenue, 11 in Housing and Urban Development, three in Social Welfare and two in Agriculture Production Department.

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