Govt reluctant to initiate departmental proceedings

15/01/2019

In blatant violation of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 and Jammu and Kashmir Government Employees (Conduct) Rules, 1971, several Government departments have failed to initiate departmental proceedings against large number of officers against whom FIRs under Prevention of Corruption Act have been registered by the Anti-Corruption Bureau (formerly State Vigilance Organization). This is notwithstanding the fact that the General Administration Department on the instructions of Chief Secretary BVR Subrahmanyam has already made it clear to all the departments that there is no legal bar to the holding of disciplinary proceedings and the criminal trial simultaneously. The Rule 3 of Jammu and Kashmir Government Employees (Conduct) Rules, 1971 states: Every Government employee shall at all times maintain absolute integrity, devotion to duty and do nothing which is unbecoming of a Government employee.
In the disciplinary proceedings, the question is whether the respondent is guilty of such conduct as would merit his removal from service or a lesser punishment whereas in the criminal proceedings the question is whether offences registered against him under the Prevention of Corruption Act and the Indian Penal Code (Ranbir Penal Code in case of Jammu and Kashmir) are established and if established what sentence should be imposed", the Supreme Court has mentioned in the judgment of these cases. However, the J&K Civil Services (Classification, Control and Appeal) Rules, 1956 and Jammu and Kashmir Government Employees (Conduct) Rules, 1971 besides the explicit judgments of the Apex Court are being violated by majority of the Government departments as they have not initiated departmental proceedings against the officers who have been booked by the Anti-Corruption Bureau under Jammu and Kashmir Prevention of Corruption Act. Moreover, there are numerous cases wherein officials booked by the Anti-Corruption Bureau were placed under suspension by the concerned departments on the recommendations of the Investigating Officer but thereafter the procedure under J&K Civil Services (Classification, Control and Appeal) Rules was not followed leading to revoking of their suspension by the High Court.

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