Mohd Irfan
In order to ensure transparency and accountability in lodging complaints against Public Servants coupled with to discouraged the pseudo and anonymous complaints being made by the complainants against the Public Servants as such government issued a circular for compliance with the set of instructions enshrined under law while filing complaints against public Servants.
“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 is also clarified that there are specific provisions in law to deal with fake, frivolous and motivated complaints. In case where it is established complaint were lodged with a malafide intention or ulterior motives to harass or harm a government servants’ necessary action should be taken against such complainants as per law”, reads the order. The Provisions of law mentioned under which complainant can filed 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.
No action on ananymus complaints clearly reflects Govt’s non serious approach towards deep rooted corruption. 99% of the whistle blowers would like not to have direct face off with the corrupts and instead will go for ananymus complaints. It is Anti-corruption department’s exclusive task to look into and enquire about all the complaints including so called ananymus. Coming out with such rules will add fuel to the fire.