*Deptts asked to furnish response on prosecution cases
Mohinder Verma
JAMMU, Dec 26: As instructions issued nine months back have not been strictly complied with, Chief Secretary BVR Subrahmanyam has issued directions to all the departments for expeditious completion of Regular Departmental Actions (RDAs) against the delinquent officials. Moreover, the departments have been explicitly told to submit inputs/responses on the prosecution cases.
Vide Circular No.18-GAD of 2019 dated March 26, 2019, the Government had issued detailed instructions to all the Administrative Secretaries for monitoring each departmental enquiry carefully to ensure its completion in a time bound manner preferably within a period of three months of its initiation and its outcome shared with the Vigilance Wing of the General Administration Department.
Through the circular the Administrative Departments were also asked to observe the provisions of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and other standing instructions of the Government issued from time to time scrupulously while dealing with the departmental enquiries.
The implementation of these instructions came up for discussion in the recent meeting of the Committee of Secretaries and it was observed by the Chief Secretary that several Government departments have yet not completed the Regular Departmental Actions against the delinquent officials despite lapse of considerable period of time, official sources told EXCELSIOR.
After detailed discussion, the Chief Secretary, as per the sources, directed the General Administration Department to review the pending Regular Departmental Actions and ensure their completion as expeditiously as possible, sources informed, adding the Chief Secretary has further directed the departments to submit a status note on the pendency of the Regular Departmental Actions and inputs/response on the prosecution cases”.
Though several calls were made to Farooq Ahmed Lone, Secretary to Government, General Administration Department to ascertain the follow-up action on the latest directions of the Chief Secretary yet there was no response. Moreover, other officers in this department dealing with the vigilance section chose not to respond to the repeated calls on their mobile numbers.
It is pertinent to mention here that the investigating agencies-Anti-Corruption Bureau or Crime Branch recommend either sanction to the prosecution or departmental enquiry against the delinquent officials depending upon the merits of the case.
The recommendations of these investigating agencies relating to institution of departmental enquiry invariable contain the draft articles of charge and the statement of imputations with gist of evidence.
“It has come to the notice of the Government that instead of serving a charge-sheet to the delinquent officials prelude to the institution of departmental enquiry, the departments many a times choose to set up an enquiry committees at their level to decide the matter, which is unnecessary, uncalled for and is generally seen as a delaying tactic to avoid conclusion of the departmental enquiry in accordance with the rules”, sources said.
Moreover, the constitution of such committees is not only contrary to the provisions contained in the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules but also defeats the very object of investigation by the Anti-Corruption Bureau or Crime Branch.
As far as prosecution cases are concerned, sources said, “sanction is awaited in several cases particularly those in which influential officers are involved. They further said, “there are numerous cases in which General Administration Department has sought clarifications from the Anti-Corruption Bureau although the same was not required in view of explicit draft articles of charge”.
Quoting an example, they said, “a KAS officer was caught red-handed by the Anti-Corruption Bureau (formerly Vigilance Organization) while demanding and accepting bribe but till date neither prosecution sanction has been granted to the Anti-Corruption Bureau nor Regular Departmental Action has been instituted against the officer”.
Moreover, in several cases there is inordinate delay in referring back the matter to the ACB or Crime Branch in order to take a different view although in the Circular No.18-GAD of 2019 dated March 26, 2019, it was explicitly mentioned that the investigating agency shall be approached within four weeks of receipt of the recommendation.
“The general observation is that officers attached in the General Administration Department after being booked by the investigating agencies leave no stone unturned to exert pressure or influence on the concerned officers of the department for getting the cases manipulated in their favour so as to avoid prosecution sanction”, sources said.
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