Jammu, Jun 28: According to the circular, such action is necessary, “in order to ensure that honest public servants are not unfairly harassed, and the government business is not affected”.
Making a complaint against a government official without any material substance could attract penal action in Jammu and Kashmir. According to a new circular, the UT administration will “pursue prosecution” in cases where an inquiry finds a complaint false.
According to the circular, such action is necessary, “in order to ensure that honest public servants are not unfairly harassed, and the government business is not affected”.
The General Administrative Department’s circular, issued to all administrative departments, heads of departments, cadre controlling authorities and the public servants said such action should be under Section 182 of the IPC and section 195(1)(a) of the CrPC, “based on a complaint filed with the court by the concerned public servant or another superior public servant”.
While section 182 of the IPC deals with “false information, with intent to cause a public servant to use his lawful power to the injury of another person”, Section 195 (1) (a) of the CrPC deals with prosecution for contempt of lawful authority of public servants.
The IPC section carries jail term for up to six months.
However, in the case of public servants making false complaints, the circular, which Commissioner-Secretary General Administration Department Sanjeev Verma has issued, asks for “considering departmental action” against them “as an alternative to prosecution”.
“A robust and effective mechanism for redressal of complaints against public servants with detailed instructions, have been issued from time to time, with a view to balance the objectives of good governance for establishing a corruption-free, transparent and responsive administrative system, along-with ensuring adequate safeguards for public servants to protect them from unnecessary harassment of false/frivolous/anonymous/pseudonymous complaints,” it reads.
About conducting inquiries in cases involving publications, the circular suggests “reporting the matter to the Press Council of India (PCI) and other measures like cancellation of accreditation and stoppage of Government advertisements”.
All Jammu and Kashmir Panchayat Conference president Anil Sharma condemned the decision, calling it a move intended to silence those who speak out against corrupt bureaucracy.
Seeking intervention from the Lt Governor and the central government in the matter, he asked: “How can an ordinary citizen from a vulnerable section of society in a remote area stand against the powerful state and its mechanisms? No citizen would dare to file a corruption case against an officer under such circumstances.”–(The Indian Express)
