Srinagar: The government on Tuesday asked administrative secretaries to do away with setting up “unnecessary” enquiry committees as prelude to the institution of departmental enquiry as recommended by Anti-Corruption Bureau (ACB) or Crime Branch against them.
The investigating agencies—the Anti-Corruption Bureau (ACB) or Crime Branch—recommend either sanction to the prosecution or departmental enquiry against the delinquent officers or 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’, the ‘Statement of Imputations’ with gist of evidence.
“It has, however, been observed that instead of serving a charge sheet to the delinquent officers/officials prelude to institution of departmental enquiry, departments sometimes choose to set up “Enquiry Committees” at their level to decide the matter,” Commissioner/Secretary to the Government GAD said in an order issued here.
“Setting up of “Enquiry Committees” is unnecessary, uncalled for, often being seen as a delaying tactic to avoid conclusion of the departmental enquiry in accordance with the rules.”
The constitution of such committees, the order reads, is not only contrary to the provisions contained in the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 but also defeats the very object of investigation by the ACB or Crime Branch. “Therefore, such committees may not be constituted.”
It is incumbent upon the administrative departments to observe the provisions of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 and other standing instructions of the government issued from time to time, scrupulously while dealing with departmental enquiries, the order said.
“The recommendations of the ACB or Crime Branch should be immediately acted upon, either for sanctioning prosecution or instituting an RDA. 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 said facts within four weeks of the receipt of the recommendation from these agencies.”
Further, the order said, the departments should 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).
