J&K Govt to safeguard public servants against false complaints

Jammu, June 20

The Government of Jammu and Kashmir has rolled out a to-do list to avoid harassment of public servants due to false complaints and allegations.

In a circular, Commissioner/Secretary to Government Administration Department (GAD) Sanjeev Verma said a robust and effective mechanism for redressing complaints against public servants with detailed instructions had been issued with a view to balance the objectives of good governance for establishing a corruption-free, transparent and responsive administrative system, besides ensuring adequate safeguards for public servants to protect them against unnecessary harassment due to false, frivolous, anonymous and pseudonymous complaints.

“These instructions, inter alia, contain detailed provisions for lodging, handling and verification of complaints as also action against those making false or frivolous complaints. Notwithstanding these elaborate instructions, cases of undue harassment through lodging of false complaints are being increasingly reported. Many a time, these complaints, after verification, have been found devoid of any merit, and disposed of accordingly. In the process, however, public servants discharging their duties have to face unwarranted harassment and mental agony, affecting their decision-making, thereby causing administrative inertia, which inter alia adversely affects disposal of government business and public service delivery,” the order read.

Verma said there was a need to further strengthen the rules to ensure that honest public servants were not unfairly harassed and the government business was not affected.

The government has ordered that steps need to be taken to stop unnecessary harassment of public servants. “The steps may include pursuing prosecution under Section 182 of the Indian Penal Code (IPC) for making a false complaint and initiating prosecution under Section 195(1)(a) of the Code of Criminal Procedure, 1973, based on a complaint filed with the court by the public servant concerned or another superior public servant,” stated the order. The order also stated that institutional support must be provided to government servants affected by false complaints.

“This may include assisting the affected employee to approach the Crime Branch, J&K, for initiation of criminal proceedings upon receiving a report or request from a public servant, facilitating public servants, who have suffered harm as a result of false complaints, to file civil lawsuits seeking damages against those responsible. This may also include compensation for financial losses, emotional distress or harm to reputation, with the provision for the public servant to engage a lawyer as per requirement on contingency fee arrangements, subject to available resources, for which each case shall be decided on merit,” the order read.

Legal assistance may be provided by the Department of Law, Justice & Parliamentary Affairs for appropriate legal remedies in respect of acts done in official capacity. The order also emphasised on arranging formal inquiries by the relevant registering authority, where such complaints have been filed by any registered organisation, issuance of formal press notes regarding complaints and inquiries to promote transparency, preferably on a monthly basis.

‘Such cases affect govt work’

There was a need to strengthen the rules to ensure that honest public servants were not unfairly harassed due to false, frivolous, anonymous and pseudonymous complaints and the government business was not affected, said Sanjeev Verma, Commissioner/Secretary to Government Administration Department