Govt authorities asked to pursue prosecution in false complaint against public servants

Jammu, June 20: J&K government Thursday directed all its administrative departments, HoDs, cadre controlling\ authorities and public servants to pursue prosecution under section 182 of the Indian Penal Code (IPC) against complainants for making a false complaint (against a public servant).

They have also been asked to provide institutional support to government servants affected by false complaints.

They have been directed to conduct inquiries in cases involving publications and if found complicit, taking action, including reporting the matter to the Press Council of India (PCI) and other measures like cancellation of accreditation and stoppage of government advertisements.

These directives form part of the “strengthened procedure for dealing with false complaints, in order to ensure that honest public servants are not unfairly harassed and government business is not affected.”

According to Commissioner Secretary General Administration Department (GAD) Sanjeev Verma, it has become necessary to strengthen procedures as “notwithstanding elaborate instructions, cases of undue harassment through lodging of false complaints (against public servants) are being increasingly reported.”

“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 and pseudonymous complaints,” he said.

These instructions, inter-alia, contained detailed provisions for lodging, handling and verification of complaints as also action against such false or frivolous complainants.

“Notwithstanding these instructions, cases of undue harassment through lodging of frivolous and pseudonymous 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 bonafide 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,” Verma noted with concern.

“It has accordingly been felt that the procedure, for dealing with such complaints, needs to be further strengthened,” he said.

Accordingly, all administrative departments, HoDs, cadre controlling authorities and public servants, have been instructed for dealing with such complainants by pursuing prosecution under section 182 of the Indian Penal Code 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 concerned public servant or another superior public servant.

It has also been directed to consider departmental action against public servants making false complaints, as an alternative to prosecution.

Besides, they have been asked to provide institutional support to government servants affected by false complaints by 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.

They have also been instructed to facilitate public servants, who have suffered harm as a result of false complaints, to file civil lawsuits seeking damages against responsible individuals.

“This may 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 merits,” it was directed.

The concerned government authorities will also facilitate assistance of Law Officers from the Department of Law, Justice & Parliamentary Affairs for appropriate legal remedies in respect of acts done in official capacity; arrange formal inquiries by the relevant registering authority, where such complaints have been filed by any such registered organizations.

They have been directed to issue formal press notes regarding complaints and inquiries to promote transparency, preferably on a monthly basis.