No logical conclusion

03/10/2019

Any organization is established with a distinct and clearly defined purpose for achieving a unique goal of growth. This demands many resources. The primary resources being Man, Money, Material and a combination of Processes performed by the machinery. The most important factor among these is the 'Man' who has the ability to think and take decisions. When different kind of people join an organization as its employee with different back grounds with regards to their social life, different mindsets, different thinking processes they apply, they work together as a cohesive force to achieve the organisations goal. It is natural that under these circumstances, there is always a scope for some conflicts between themselves or otherwise getting raised. To avoid/ control any such situation and to mitigate the risk involved, every organisation frames some code of conducts to be followed by all it's employees. A well-defined mechanism is also established for this purpose so as to take care of any failure in adhering to this code of conducts. The code of conducts is based on Social Security Act enacted by the Government of India also called Model Standing Order or Certified Standing Order. The first principle means that the disciplinary authority and the inquiring authority should be unbiased. The second principle stipulates that the charged employee should be given a reasonable opportunity of being heard and this operates throughout the proceedings from the beginning to the end.
Shocking it may sound but it is a fact that neither FIR registered by the Anti-Corruption Bureau nor regular departmental enquiry ordered by the Food, Civil Supplies and Consumer Affairs Department into misappropriation of funds has reached the logical conclusion despite lapse of considerable period of time. In the year 2006 the State Vigilance Organization (presently Anti-Corruption Bureau) lodged a FIR at Police Station Vigilance Organization Jammu against nine officials of the Food, Civil Supplies and Consumer Affairs Department after prima-facie it was established that these officials had misappropriated funds of the department by abusing their official position. Following completion of investigation albeit after a delay of several years, the State Vigilance Organization approached the General Admini-stration Department for sanction to prosecute these officials in the court of Special Judge Anti-Corruption Jammu. Finally the sanction was accorded to prosecute these officials. However, the FIR could not reach the logical conclusion as some of the accused officials approached the High Court and obtained orders whereby further progress in the case was stayed.

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