‘Dilly-dallying approach aims at helping guilty officials’
Serious view to be taken in case of further delays
Mohinder Verma
JAMMU, July 18: Keeping in view serious concern conveyed by the Central Vigilance Commission and continuous dilly-dallying approach in handling Regular Departmental Actions (RDAs), the Government of Union Territory of Jammu and Kashmir has issued fresh guidelines for strict compliance by all the departments and fixed timelines for finalization of such cases.
Moreover, all the Administrative Secretaries and Heads of the Departments have been directed to take periodical review of the vigilance cases/ departmental enquiries pending at various stages. Further, it has been made clear that serious view will be taken on any delay even while processing such cases.
The guidelines for conducting Regular Departmental Actions/Departmental Enquiries were earlier notified vide Circular No.06-JK(GAD) dated February 3, 2020 and EXCELSIOR in its edition dated June 20, 2021 had exclusively reported that these guidelines are not being strictly adhered to by several departments of the Government of Union Territory of Jammu and Kashmir.
This has been admitted by the Commissioner Secretary to Government, General Administration Department Manoj Kumar Dwivedi in the latest circular. “It has been noticed by the Government that guidelines and procedures to be adopted in Regular Departmental Actions/ Departmental Enquiries are still not being followed by the departments in letter and spirit, which defeats the very purpose of investigation by investigating agencies”, he has mentioned.
“It has further been noticed that Regular Departmental Actions (RDAs) are not being concluded by the concerned departments within the prescribed timelines resulting into protracted delay in finalization of the cases”, the Commissioner Secretary GAD said.
Even the Central Vigilance Commission (CVC) vide its Circular No.18/12/20 dated December 14, 2020 had also taken a serious note on the delay caused in finalization of the Departmental Enquiries/RDAs in Jammu and Kashmir. The Commission had further observed that non-adherence to the timelines fixed for conclusion of Departmental Enquiries/RDAs leads to unwarranted delay in finalization of the cases and any unexplained/undue delay leads to unnecessary litigation and provides undue advantage/harassment to the charged official.
“Such delays on one hand help in evading penalty on guilty official while prolonging the agony of the officials who may have been charge-sheeted wrongly in few cases and are finally exonerated”, the CVC had mentioned in the circular.
In certain cases, it has also been observed that after receiving of recommendations for institution of RDA, the department instead of serving charge-sheet to the delinquent public servant(s) choose to appoint “Enquiry Officer” or constitute “Enquiry Committee” at their level to decide the matter, which is unnecessary, uncalled for and often seen as a delaying tactic to avoid conclusion of RDAs in accordance with the rules.
Moreover, in many other cases, it has been observed that even after the conclusion of departmental proceedings, Government orders are not issued. These acts are not only contrary to the provisions contained in the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, guidelines issued by the Central Vigilance Commission and circular instructions issued by the General Administration Department from time to time but also seen as a delaying tactic for conclusion of RDAs.
Now, the General Administration Department has issued fresh guidelines for implementation by all the departments.
“On the basis of inputs received from the investigating agencies, the matter should be critically examined to determine as to whether a case for initiation of departmental proceedings is made out or not”, the guidelines said, adding “if need arises, clarifications should be obtained from the investigating agency or Vigilance Wing of the GAD. However, if there are any facts which require taking a different view, the case should be referred back to the investigating agency along with the facts within four weeks of the receipt of the recommendations”.
“After the department arrives at a conclusion for initiation of departmental proceedings, Articles of Charge should be framed and served upon the delinquent officer through an office memo along with the statement of imputation, gist of evidences and the details of documents on the basis of which charges have been framed immediately”, the guidelines further said.
Moreover, the departments have been directed to monitor each departmental enquiry carefully to ensure its completion in a time bound manner preferably within a period of eight months and not more than nine months in any case and its outcome shared with the General Administration Department (Vigilance Wing).
For issuance of charge-sheet to the stage of appointment of inquiry officer and presenting officer, the Government has fixed timeframe of two months from the date of receipt of RDA case for completion of all the required actions. For conducting departmental enquiry and submission of report by the inquiry officer, the Government has fixed time frame of six months from the date of appointment of IO.
A period of one month can be taken as additional time for all or any of these stages of disciplinary proceedings but only in case of some unavoidable/unforeseen circumstances.
It has been clarified that criminal proceedings and departmental proceedings can be held simultaneously except in cases where the court has specifically restrained the Government from undertaking departmental proceedings.
“In all such criminal cases where the proceedings have been initiated and alleged criminal act amounts to misconduct and as such attracts the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, the department shall take recourse and strictly adhere to the rules, procedures and guidelines and institute a departmental enquiry in all such cases”, the GAD said.
Further, the Administrative Secretaries and Heads of the Departments have been asked to take periodical review of the vigilance cases/departmental enquiries pending at various stages and issue necessary directions to ensure their speedy completion.
“All the concerned should be informed that processing RDA cases in a timely manner is essential for good governance and a serious view will be taken on any delay even while processing cases”, the GAD Secretary said while impressing upon all the departments to strictly adhere to these guidelines and instructions.
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