*After Guv’s concern, GAD, SVO going to act as ‘teachers’
Mohinder Verma
JAMMU, Feb 22: Notwithstanding the concern of Governor as well as State High Court over piling up of departmental enquiries, large number of officers in J&K bureaucracy are ignorant about the procedure required to be followed in such investigations thereby acting as ‘stumbling block’ in taking the same to the logical conclusion in a time bound manner.
In order to address the concern of the first citizen of the State in this regard, the General Administration Department and State Vigilance Organization have now decided to perform the role of teachers to educate and impart training to such officers about the clearly defined rules.
Official sources told EXCELSIOR that the main reason behind piling up of departmental enquiries against the delinquent officers and officials in various departments of the State Government is the lack of knowledge about the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, which clearly lay down the procedure required to be followed to take such investigations to the logical conclusion that too in a specified time-frame.
Non following of such a procedure not only delays the completion of departmental enquiries but also results into defeating of cases during the judicial scrutiny when the erring officers and officials challenge the outcome of investigations in the courts of law, sources said. On the other side, there are numerous instances in which outcome of the departmental enquiries conducted by following the laid down procedure withstood the judicial scrutiny.
This situation is prevailing despite the fact that Governor has expressed serious concern over piling up of departmental enquiries mainly recommended by the State Vigilance Organization. Prior to Governor’s worry, even the State High Court, in various Public Interest Litigations (PILs) on corruption, pulled up the top brass of the concerned departments and Chief Secretary over slackness in handling such enquiries.
If handled in right direction and as per the laid down procedure, such enquiries can become effective tool to tighten noose around delinquent officers and officials and bring transparency and accountability in the State administration, sources said. Another reason behind inordinate delays in such enquiries is lack of support from the top brass of the State administration to those officers, who are authorized to hold such enquiries and outcome of the same remains reluctance of the officers to complete the assigned task.
“Instead of demoralizing enquiry officers by denying required support, the top brass must encourage them to complete the same within stipulated time-frame, which may include extension of some incentives as such an exercise will be of immense benefit in cleansing the administration of corrupt officers and officials”, sources said.
As per the procedure laid down under Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, on the receipt of complaint against any officer or official the competent authority is required to get Preliminary Enquiry (PE) conducted through the Departmental Vigilance Officer and on the basis of evidences collected during PE, chargesheet is served to the erring officer for furnishing reply.
After going through the charge sheet and reply, the competent authority takes decision about imposition of penalty or conducting of full-fledged enquiry by appointing Inquiry Officer, who acts as a Judge and then submits report, which subsequently forms the basis for punishment, which may include dismissal or removal from the service or reduction in rank depending upon the severity of offence.
In order to provide necessary push to the pending departmental enquiries and address the concern of the Governor, the General Administration Department and State Vigilance Organization are conducting training programme for the officers of the rank of Deputy Secretary, Additional Secretary and Heads of the Department in collaboration with Indian Institute of Public Administration tomorrow.
During the training programme, these officers would be acquainted about the procedure required to be followed for time bound completion of enquiries. “Secretary GAD and Director State Vigilance Organization would be the main teachers”, sources informed, adding besides Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, they would also apprise them about judgments of High Courts of various States of the country as well as that of Apex Court.
“It is hoped that this initiative would yield desirable results vis-a-vis disposal of enquiries pending in various departments of the State Government”, sources said.
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