Such orders leading to administrative complicacies
Admn Secys, HoDs asked to strictly follow procedure
Mohinder Verma
JAMMU, Nov 26: Several Administrative Departments have been found initiating disciplinary proceedings against the officers of Jammu and Kashmir Administrative Service commonly known as KAS without seeking the approval of Lieutenant Governor and Chief Secretary thereby leading to administrative complicacies.
Such act of the Administrative Departments is in violation of procedure for transaction of Government business of Union Territory of Jammu and Kashmir which was notified by the Government vide Order No.811-JK (GAD) dated September 1, 2020.
The business transaction procedure was notified by the Government in exercise of the powers conferred by the Presidential Order SO No.3937 (E) dated October 31, 2019 read with the Third Proviso to Rule 7 and Rule 43 of the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 and also other provisions enabling in this behalf.
As per the procedure, proposals for the dismissal, removal, reduction in the rank or compulsory retirement of an officer whose proposals for appointment require to be submitted to the Lieutenant Governor including cases of disciplinary action against members of All India Services and Jammu and Kashmir Administrative Service (KAS) and disciplinary cases of such officers in respect of which action is proposed to be taken by the departments contrary to the advice of the Public Service Commission are to be submitted to the Lieutenant Governor through the Chief Secretary in coordination.
However, the General Administration Department, which is the controlling authority of the Jammu and Kashmir Administrative Service (KAS) officers, has noticed that several Administrative Departments are initiating disciplinary proceedings against the members of Jammu and Kashmir Administrative Service without seeking approval of the Competent Authority——Lieutenant Governor.
“All such orders and acts without the approval of the competent authority are not legally tenable and lead to administrative complicacies”, Commissioner Secretary to the Government, General Administration Department, Manoj Kumar Dwivedi has observed.
He has also drawn the attention of all the Administrative Secretaries and Heads of the Departments towards the provisions relating to disciplinary action against the employees in whose case the disciplinary authority is the General Administration Department.
In terms of Rule 31 of the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, the appointing authority or any authority to which it is subordinate or any other authority empowered by the Government in this behalf may place a Government servant under suspension where an inquiry into his conduct is contemplated or is pending or a complaint against him of any criminal offence is under investigation or trial.
In order to ensure that there is no administrative complicacy, the Government has directed all the Administrative Secretaries/ Heads of the Departments to ensure that the disciplinary proceedings proposed against the members of Jammu and Kashmir Administrative Service are initiated only after following due process and with the approval of competent authority.
“It is a matter of concern that even three months after the notification of procedure for transaction of Government business, those at the helm of affairs in several Administrative Departments and Heads of the Departments are unaware of the same thereby creating hurdles in the smooth functioning of the Government”, sources said, adding “the Administrative Secretaries and HoDs should study the procedure and Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 before initiating disciplinary action as legally untenable acts may lead to litigations against the Government, which are already at alarming rate”.
Not only Administrative Secretaries and HoDs even those heading the legal sections should properly guide the former so as to ensure strict compliance to the business transaction procedure. “A mechanism is also required to be evolved so that those violating the procedure and compelling the General Administration Department to reiterate directions after regular intervals are taken to task”, sources stressed and hoped that in future there will not be any sort of violation of procedure and Civil Services Rules of 1956.
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