Check credentials of complainant before proceed against public servant, says govt

Sumit Sharma. Updated: 10/4/2022 11:46:11 AM Front Page

Circular issued after ACB apprise GAD that majority of complaints turn malafide

Jammu: In a bid to discourage the pseudo and anonymous complaints being made against the Public Servants, the government of Union Territory of Jammu and Kashmir have directed the investigating agency viz Anti-Corruption Bureau (ACB) to entertain the complaint only after verification of the credentials of the complainant.
The government further direct the investigating agency to take necessary action including lodging of FIR against complainant if his complaint is fake, frivolous and motivated with malafide attention, adding, if the complainant is a public servant, then departmental action may also be considered against him.
Official sources informed The News Now that the government took decision in this connection after a number of communiqués were received by the Government Administrative Department, GAD, from investigating agencies that the majority of the complaints proved motivated during Preliminary Enquiry, PE.
A circular for compliance with the set of instructions issued by the government and is accessed by The News Now read as, “In order 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 the appropriate authority by making formal complaints regarding any action/ inaction on part of public servant in writing or through other specified means for which complaint redressal mechanism already put in place in the UT of J&K”, reads the contents of the order 34-JK (GAD) dated 3.10.2022.
It further said , “It is also clarified that there are specific provisions in law to deal with fake, frivolous and motivated complaints. In case where it is established complaints were lodged with a malafide intention or ulterior motives to harass or harm a government servants’ then necessary action should be taken against such complainants as per law.
Following action can be taken against the persons making false complaint: (a)Under section 182 IPC a person making a false complaint shall be prosecuted; (b) Under Section 195 (1) (a) of criminal procedure code 1973, a person making a false complaint can be prosecuted on the basis of the 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 subordinates; (C) If a person making a false complaint is a public servant, departmental action may also be considered against them as a alternative to prosecution”.

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