Discourage sub-judice, pseudonymous complaints: GAD instructs deptts

Srinagar: ‘Do away with sub-judice and pseudonymous complaints’, ordered the J&K government Monday as it issued a new set of guidelines that suggested prosecution under relevant sections of the law against those making false complaints.
While issuing a slew of instructions for lodging and disposal of the complaints against a public servant, the government has called for ‘discouraging’ the ‘culture of anonymous or pseudonymous’ complaints, reads a circular issued by Secretary, General Administration Department (GAD), Dr Piyush Singla.
It said, if a person making a false complaint is a public servant, departmental action may also be considered against them as an alternative to prosecution.
The government said that these instructions have been brought to notice of all administrative departments and autonomous bodies, public servants and general public for strict adherence.
The circular, reviewed by Rising Kashmir, further states that the complaints which have been filed by persons who have provided their identity should be processed in accordance with law, and once the complaints found are genuine, due action be taken against the officers/officials under extant rules and guidelines issued by CVC as well as GAD.
The culture of anonymous and pseudonymous complaints is to be discouraged, it said.
The complaints which have been filed by persons who have provided their identity should be processed in accordance with law, if found genuine, it said due action be taken against the officers/officials under extant rules and guidelines issued by CVC as well as GAD.
The circular, according to the government, has been issued with an aim to “eradicate corruption for providing robust service delivery mechanisms and increase participation of citizens in governance at various levels”.
It subsequently issued instructions for proper lodging and disposal of the complaints against the public servants.
“The citizens can draw attention of appropriate authority by making formal complaints regarding any action/inaction on part of a 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,” further reads the circular.
Reiterating its guidelines regarding disposal of anonymous and pseudonymous complaints in the Departments and autonomous bodies etc, the government said, vide Circular (No. 29-GAD(Vig) of 2014 dated 31 July 2014), reiterated vide Circular (No. 22- GAD(Vig) of 2015) dated 10 July 2015) guidelines notified in consonance with those issued by the Department of Personnel & Training, Ministry of Personnel & Public Grievances & Pensions, Government of India on 18 October 2013 and Central Vigilance Commission’s circulars on 25th November 2014 and 7th March 2016.
“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,” said the government circular, adding, “In case, the complaint is anonymous/ pseudonymous, the same is to be filed without any further action.”
The government also clarified that there are specific provisions in 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 said under section 182 of Indian Penal Code, a person making a false complaint can be prosecuted.