Those responsible for delay to face stern action
Vital aspect receives attention on HC’s directives
Mohinder Verma
JAMMU, Jan 31: Government of Union Territory of Jammu and Kashmir has directed all the Administrative Secretaries to ensure that suspended employees face disciplinary or criminal proceedings within the stipulated time-frame failing which all those responsible for slackness will face stern action.
The direction came from the Government only after High Court of Jammu and Kashmir expressed serious concern over suspended employees attaining superannuation without commencement or conclusion of proceedings against them.
In a case titled Jammu Municipal Corporation and Another Versus Rakhil Gill and Others, a Division Bench of the J&K High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal had on December 13, 2019 observed, “one Robert Kalyan came to be suspended by an order dated January 14, 1993 while working as Cashier in the Jammu Municipal Corporation. He was not re-instated even after a lapse of 22 years and no final view was taken with regard to the allegations against him and finally he retired from the service on May 31, 2006 and then expired in the year 2017”.
“For the long period of 24 years in between, the appellants were not even able to frame and serve a charge sheet, let alone initiate and complete disciplinary proceedings or criminal proceedings”, the DB further observed, adding “this is the manner in which the appellants have proceeded even in a case where allegations of embezzlement stand made against the deceased employee”.
The DB further said, “if the allegations against the employee are true, by the manner in which the appellants have proceeded, grave prejudice to the public interest and loss to public exchequer has been caused by the appellants”.
Accordingly, the DB directed: “The appellants (Jammu Municipal Corporation) are directed to conduct an enquiry apportioning liability upon their employees, who have caused delay in completion of disciplinary proceedings and failed to initiate and complete the criminal proceedings against the deceased Robert Kalyan”.
“The amount of Rs one lakh shall be pro-rata distributed amongst the person(s), who are found liable for the delay and pro-rata recovered from such persons. In addition, entire salary paid to Robert Kalyan should be recovered from them”, the DB has categorically mentioned in the order.
Moreover, the DB issued directions that a list of other cases where suspended employees have been permitted to retire without commencement and/or conclusion of proceedings against them shall be prepared and filed before the court.
“The appellants shall also conduct a scrutiny of their records and identify all cases where employees stand suspended without initiation of any proceedings (disciplinary and/ or criminal) against them. Action shall be taken against those responsible for the non-action”, the order further reads.
The DB further directed the Chief Secretary of Union Territory of Jammu and Kashmir to take the directions seriously and ensure that the same are implemented in each and every Government department.
After being reprimanded by the High Court, the General Administration Department has now drawn the attention of all the Administrative Secretaries towards the directives of the Division Bench with the instructions to ensure that suspended employees face disciplinary or criminal proceedings within the stipulated time-frame failing which all those responsible for slackness will face stern action.
Moreover, they have been asked to prepare a list of cases where suspended employees have been permitted to retire without commencement and/or conclusion of proceedings against them.
“There are many employees including those belonging to Jammu and Kashmir Administrative Service commonly known as KAS who despite being suspended several months back have yet not faced disciplinary proceedings”, sources said and hoped that after being reprimanded by the High Court the Government will ensure strict compliance to the Employees Conduct Rules while dealing with the suspended employees.
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