The J&K government on Tuesday issued a new set of guidelines to its departments for dealing with regular departmental inquiries against the employees while warning of strict action against those resorting to “delaying tactics”.
An order issued by the GAD says it has been noticed that the guidelines and procedures to be adopted in Regular Departmental Enquiries are still not being followed by the departments, in letter and spirit, which defeats the very purpose of investigation by the investigating agencies.
“In some cases, it has also been observed that after receiving of recommendations from the Investigating Agencies, the department instead of serving charge-sheet to the delinquent public servant(s) choose to appoint "Enquiry Officer" or constitute "Enquiry Committee" at their level to decide the matter, which is unnecessary, uncalled for and often seen as a delaying tactic to avoid conclusion of departmental enquiries in accordance with the rules,” the order says.
“In many other cases, it has been observed that even after the conclusion of departmental proceedings, Government Orders/Orders are not issued. These acts are not only contrary to the provisions contained in the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and Circular Instructions, issued by the General Administration Department from time to time, but also seen as delaying tactic for conclusion of enquiry cases,” the order says.
As such, the following guidelines for Regular Departmental Enquiries are once again re-iterated for the implementation by all the departments, it said.
The Investigating Agencies - Anti Corruption Bureau (ACB) or Crime Branch (CB), in many cases, recommend Regular Departmental Action against delinquent public servant (s) pursuant to which the departments are required to initiate departmental proceedings, in accordance with the procedures laid down in Rule 33 of J&K Civil Services (Classification, Control & Appeal) Rules, 1956, and conclude the same in a time bound manner. The recommendations of Investigating Agencies invariably contain the draft Articles of Charge, Statement of Imputations with Gist of Evidences.
On the basis of the inputs received from the Investigating Agencies, the matter should be critically examined to determine as to whether a case for initiation of departmental proceedings is made out or not. If need arises, clarifications/more inputs should be obtained from the Investigating Agency/GAD (Vigilance). However, if there are any facts which require taking a different view, the case should be referred back to the Investigating Agency, along with the said facts, within four weeks of the receipt of the recommendations;
After the department arrives at a conclusion for initiation of departmental proceedings, Articles of Charge should be framed and served upon the delinquent officer/official, through an Office Memo alongwith the Statement of Imputation, Gist of Evidences and the details of documents on the basis of which charges have been framed immediately. In the Office Memo, fixed time frame be prescribed to the officer/official to file his/her replies.
Adequate opportunity should be given to the charged officer/official to present his/her case in person or through an advocate, and should be given access to all records/documents related to the case and provide the same if so requested;
After receiving the reply to the charges so framed against the officer/official, same should be analyzed critically to arrive at a conclusion whether an Inquiry Officer is required to be appointed to inquire into the charges so framed or not;
After arriving at a conclusion that such an inquiry is actually required, an Inquiry Officer should be appointed, with the approval of the Competent Authority, who should be given fixed time frame to complete the inquiry and submit the report. A Presenting Officer should also be appointed who would present the case, on behalf of the Government, before the Inquiry Officer.
In case the Inquiry Officer fails to complete the inquiry in a time bound manner, the matter should be reported to the GAD for action against the officer.
The report of the Inquiry Officer should then be analyzed and examined carefully to arrive at a decision about either the exoneration of officer/official from the charges or penalty to be imposed in accordance with the rules with the approval of the Competent Authority. Further follow-up action should be taken expeditiously by the department;
During the whole process, it should be ensured that principles of natural justice are followed and the charged officer/official is given opportunity of being heard given access to the records in accordance with the prescribed rules.
Where on the basis of the report of the Inquiry Officer, the officer/official is either exonerated or imposed any of the penalties by the Competent Authority, it should invariably be followed by way of issuing a speaking Government Order/Order, as the case may be, giving the chronological sequence of events leading to such exoneration/ imposition of penalty. The GAD (Vigilance) and the Investigating Agency shall also be informed of the action taken.
The procedure prescribed under Rule 34 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, be followed, after a provisional decision to impose any major penalty under Rule 33 is taken, thereby, serving a show cause notice, along with copy of proceedings prepared under Rule 33 excluding the recommendations, if any, in regard to punishment, made by the officer conducting the inquiry, upon the delinquent government servant, affording him or her an opportunity to explain by particular date, why the proposed penalty should not be imposed upon him/her.
An opportunity of filing an appeal to a Government servant upon whom a penalty is imposed, should be provided in accordance with Rule 37 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. The appeal, so filed, should be disposed off in a time bound manner as prescribed under rules.
The department should monitor each departmental enquiry carefully to ensure its completion in a time bound manner preferably within a period of three months and not more than 6 months in any case, and its outcome shared with the General Administration Department (Vigilance).
The cases of the retired employees, in whose case departmental proceedings have been recommended, should be carefully examined in light of the Regulation 168 of the J&K CSRs, 1956;
It is also clarified that criminal proceedings and departmental proceedings can be held simultaneously except in cases where the Hon'ble Court has specifically restrained the Government from undertaking departmental proceedings. In all such criminal cases where the criminal proceedings have been initiated and the alleged criminal act amounts to act(s) of misconduct and, as such, attracts the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, the department shall take recourse and strictly adhere to the aforesaid rules, procedures and guidelines, and institute a departmental enquiry in all such cases.
Further, the Administrative Secretaries/Heads of Departments should take periodical review of the vigilance necessary directions, as may be required, to ensure their speedy completion. All concerned should be informed that processing RDA cases in a timely manner is essential for good governance and a serious view will be taken on any delay even while processing cases. All the departments should ensure that the above guidelines/instructions are implemented in letter and spirit.