Sanctioning of prosecution, instituting of RDA
Ensure completion of enquiries within 3 months: GAD
JAMMU, Mar 26: Government today took serious note of the departments deliberately avoiding the recommendations of the Anti-Corruption Bureau (ACB) and Crime Branch for sanctioning of prosecution and instituting of Regular Departmental Action (RDA) against the delinquent officers and issued explicit directions for prompt action as per the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.
The investigating agencies—Anti-Corruption Bureau and Crime Branch recommend either sanction to the prosecution or departmental enquiry against the delinquent officers and officials depending upon the merits of the case.
The recommendations of these investigating agencies relating to institution of departmental enquiry invariably contain the draft articles of charge and the statement of imputations with gist of evidence.
However, it has been observed by the Government that instead of serving a charge-sheet to the delinquent officers prelude to institution of departmental enquiry, majority of the departments choose to set up “Enquiry Committees” at their level to decide the matter, Commissioner/Secretary to Government, Hilal Ahmed said in the circular issued today.
“Setting up of Enquiry Committees is unnecessary and uncalled for action and is often being seen as a delaying tactic to avoid conclusion of the departmental enquiry in accordance with the rules”, the circular said, adding “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, 1956 but also defeats the very objective of the investigation by the Anti Corruption Bureau or Crime Branch.
Stating that practice of constituting such committees should be stopped forthwith, the GAD Secretary said, “it is incumbent upon the administrative departments to observe the provisions of the J&K 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.
All the departments have been directed that the recommendations of the Anti-Corruption Bureau or Crime Branch should be immediately acted upon either for sanctioning prosecution or instituting of Regular Departmental Action.
“If there are any facts which require taking a different view, the case should be referred back to the ACB or Crime Branch along with the facts within four weeks of the receipt of the recommendations from these agencies”, the Government said in the circular.
All the departments have also been asked to monitor each departmental enquiry carefully to ensure its completion in a time bound manner preferably within a period of three months and its outcome shared with the General Administration Department (Vigilance).
It is pertinent to mention here that EXCELSIOR has a number of times highlighted reluctance of the Government departments to initiate departmental enquiries against the officers booked by the Anti-Corruption Bureau and Crime Branch.
This is not for the first time that the General Administration Department has issued such instructions to the departments. It is hoped that latest instructions will invite due attention of all the departments.