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New rules to make anti-corruption bodies effective
Old wine in new bottle?
4/25/2019 12:09:12 AM
Ishtiyaq Ahmad
Early Times Report

Srinagar, Apr 24: ., Apr 24: While there are several anti-graft bodies existing in the state, the outcome is almost negligible. This could be gauged from the fact that the government is continuously making amendments in rules and issuing new orders to make their role effective.
There are several anti-graft bodies in the state like State Vigilance Organisation (SVO), State Vigilance Commission (SVC), State Accountability Commission (SAC), and Crime Branch. Also, the Governor's administration last year set up the Anti-Corruption Bureau (ACB) for checking increasing corruption in the state.
As per a government order, the departments are responsible for delay in completion of the enquiries. Similarly, as per new rules framed by the government, when any complaints are placed before the SVC, it may, after taking into consideration the nature of each complaint, decide either to file the complaint or to send it to the department concerned for disposal and for enquiry and report or may send it to the ACB or any other investigating agency empowered to conduct investigations under the Code of Criminal Procedure, Samvat 1989 for enquiry.
"Secret verification or detailed investigation or the Commission may decide to undertake the inquiry itself." The rules say that it shall be the duty and responsibility of the CVOs, DVOs, Distt. VOs and AVOS to collect intelligence about the corrupt practices committed, or likely to be committed by the employees of their respective organizations; enquire or cause an investigation to be made into verifiable allegations referred to him by the Commission or reported to him by any other means and source; process enquiry reports for further consideration of the disciplinary authority concerned; refer the matters to the Commission for advice wherever necessary, taking steps to prevent commission of improper practices/misconduct and also analyze functioning/ performance of the Department in reference to the Result Framework Document (RFD).
Similarly, in another order, the government said that it has been observed that instead of serving a charge sheet to the delinquent officers/officials prelude to institution of departmental enquiry, departments sometimes choose to set up enquiry committees at their level to decide the matter.
"Setting up of enquiry committees is unnecessary, uncalled for, often being seen as a delaying tactic to avoid conclusion of the departmental enquiry in accordance with the rules," the order reads.
The government has now directed departments to do away with setting up unnecessary enquiry committees.
"The investigating agencies-the Anti-Corruption Bureau (ACB) or Crime Branch-recommend either sanction to the prosecution or departmental enquiry against the delinquent officers or officials depending upon the merits of the case," the order reads.
As per the order, the government has directed departments to observe the provisions of the Jammu and Kashmir Civil Services (Classification, Control & Appeal) Rules, 1956 and other standing instructions of the government issued from time to time, scrupulously while dealing with departmental enquiries.
"The recommendations of the ACB or Crime Branch should be immediately acted upon, either for sanctioning prosecution or instituting an RDA," the order added.
The departments have been directed to monitor each departmental enquiry "carefully" to ensure its completion in a time bound manner preferably within a period of three months and its outcome shared with the General Administration Department.
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