Avoiding the recommendations

19/04/2019

Government 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 and 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. Practice of constituting such committees should be stopped forthwith, 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. 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.

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