Jammu: J&K government on Monday has reiterated that all citizens can lodge formal complaints against the action or inaction of a public servant or regarding his or her involvement in an act of corruption, malpractices and misconduct, in writing – either directly or through electronic mode or on the portal available for this purpose.
In this connection, it has directed the appropriate authority to take action, in case of genuine complaints, under the law against such public servants under extant rules and guidelines issued by CVC as well as GAD in a time-bound manner.
The government has, however, cautioned against “anonymous or pseudonymous complaints or complaints containing vague, frivolous, non-specific allegations.”
“Such complaints should not be taken cognizance of. Further, complaints about sub-judice matters should also not be entertained. Besides, necessary action should be taken against such (false, malafide) complainants as per law,” it has instructed.
This reiteration and instructions formed part of the guidelines, the General Administration Department (GAD) issued for its all administrative departments, autonomous bodies, public servants and the general public for strict adherence vis-a-vis “proper lodging and disposal of these complaints (against the public servants).”
It has been specified that to eradicate corruption for providing robust service delivery mechanism and increase participation of citizens in governance at various levels, citizens can draw the attention of appropriate authority by making formal complaints regarding any action or inaction on part of the public servant in writing or through other specified means for which complaint redressal mechanism has already been put in place in the Union Territory of Jammu and Kashmir.
As a part of this mechanism, the complaints can be lodged with “appropriate authority by addressing a written communication either directly or through electronic mode or on a portal available for this purpose. Appropriate authority, after gathering information about corruption, malpractices and misconduct may take appropriate action under law against such public servants in a time-bound manner.”
GAD Secretary Dr Piyush Singla has mentioned that the guidelines regarding disposal of anonymous or pseudonymous complaints in the departments or autonomous bodies etc. have earlier been notified by General Administration Department, vide Circular No 29-GAD(Vig) of 2014 dated July 31, 2014, which were reiterated vide Circular No. 22- GAD(Vig) of 2015 dated July 10, 2015.
“These guidelines have been notified in consonance with those issued by the Department of Personnel & Training, Ministry of Personnel & Public Grievances & Pensions, Government of India, vide Office Memorandum No. 104/76/2011-AVD. I dated October 18, 2013, read with Office Memorandum No. 104/76/2011-AVD. I dated October 18, 2018, and Central Vigilance Commission’s circulars bearing No. 07/11/2014 dated November 25, 2014, and No 03/03/2016 dated March 7, 2016,” he states.
Elaborating on the guidelines, he has pointed out that as a standard procedure in these matters, the first step is to verify whether the complaints are filed by citizens who have provided their particulars viz. name, address and contact number.
“In case, the complaint is anonymous or pseudonymous, the same is to be filed without any further action. The culture of anonymous or pseudonymous complaints is to be discouraged. The complaints which have been filed by persons who have provided their identity should be processed following the law and where the complaints are genuine, due action be taken against the officers or officials under extant rules and guidelines issued by CVC as well as GAD,” Dr Singla maintains.
He has clarified that there are specific provisions in the law to deal with fake, frivolous and motivated complaints. “Importantly, in cases where it is established that the complaints were lodged with a malafide intention or an ulterior motive to harass or harm an innocent Government servant, necessary action should be taken against such complainants as per law,” it has been instructed.
In this connection, it has been mentioned that under section 182 of the Indian Penal Code a person making a false complaint can be prosecuted. Under section 195(l)(a) of the Code of Criminal Procedure, 1973 a person making a false complaint can be prosecuted based on a complaint lodged with the court of competent jurisdiction by the public servant to whom the false complaint was made or by some other public servant to whom he is subordinate.
It has been further specified that if a person making a false complaint is a public servant, departmental action may also be considered against them as an alternative to prosecution.