The guidelines for Regular Departmental Enquiries havebeen  earlier circulated by thisdepartment vide Circular No. 28-GAD of 2013 dated 27.09.2013, No. 49-GAD of 2018 dated 12.12.2018 and No. 18-  GAD of 2019, dated 26.03.2019. However, ithas been noticed that the  guidelines andprocedures to be adopted in Regular Departmental  Enquiries are still not being followed by thedepartments, in letter and  spirit, whichdefeats the very purpose of investigation by the  Investigating Agencies.

In some cases, it has also been observed that afterreceiving  of recommendations from theInvestigating Agencies, the department  insteadof serving charge-sheet to the delinquent public servant(s)  choose to appoint "Enquiry Officer"or constitute "Enquiry Committee" at their level to decide the matter, which is unnecessary, uncalled forand  often seen as a delaying tactic toavoid conclusion of departmental  enquiriesin accordance with the rules. In many other cases, it has been  observed that even after the conclusion ofdepartmental proceedings,  Government Orders/Ordersare not issued.

These acts are not only contrary to the provisionscontained  in the Jammu and Kashmir CivilServices (Classification, Control and  Appeal)Rules, 1956, and Circular Instructions, issued by the General

Administration Department from time to time, but also seenas delaying  tactic for conclusion ofenquiry cases. As such, the following guidelines  for Regular Departmental Enquiries are onceagain re-iterated for the  implementationby all the departments:

1) The Investigating Agencies - Anti Corruption Bureau (ACB)or  J Crime Branch (CB), in many cases,recommend Regular Departmental Action against delinquent public servant(s)  pursuant to which the departments arerequired to initiate  departmentalproceedings, in accordance with the procedures laid down in Rule 33 of J&K Civil Services (Classification,  Control & Appeal) Rules, 1956, andconclude the same in a  time boundmanner. The recommendations of Investigating Agencies invariably contain the draft Articles of Charge,  Statement of Imputations with Gist ofEvidences.

2) On the basis of the inputs received from theInvestigating  Agencies, the matter shouldbe critically examined to  determine asto whether a case for initiation of departmental  proceedings is made out or not. If needarises,  clarifications/more inputsshould be obtained from the  InvestigatingAgency/GAD (Vigilance). However, if there are any facts which require taking a different view, the case  should be referred back to the InvestigatingAgency, along  with the said facts,within four weeks of the receipt of the  recommendations;

3) After the department arrives at a conclusion forinitiation of  departmental proceedings,Articles of Charge should be  framed andserved upon the delinquent officer/official, through an Office Memo along with the Statement of  Imputation, Gist of Evidences and the detailsof documents  on the basis of whichcharges have been framed  immediately. Inthe Office Memo, fixed time frame be  prescribedto the officer/official to file his/her replies;

4) Adequate opportunity should be given to the charged  officer/official to present his/her case inperson or through an  advocate, andshould be given access to all  records/documentsrelated to the case and provide the same  if so requested;

5) After receiving the reply to the charges so framedagainst the  officer/official, sameshould be analyzed critically to arrive at a conclusion whether an Inquiry Officer is required to be  appointed to inquire into the charges soframed or not; After arriving at a conclusion that such an inquiry isactually  required, an Inquiry Officershould be appointed, with the  approvalof the Competent Authority, who should be given fixed time frame to complete the inquiry and submit the  report. A Presenting Officer should also beappointed who  would present the case, onbehalf of the Government, before  theInquiry Officer;

7) In case the Inquiry Officer fails to complete the inquiryin a  time bound manner, the mattershould be reported to the  GAD for actionagainst the officer;

8) The report of the Inquiry Officer should then be analyzedand  examined carefully to arrive at adecision about either the  exoneration ofofficer/official from the charges or penalty to be imposed in accordance with the rules with the approval of  the Competent Authority. Further follow-upaction should be  taken expeditiously bythe department;

9) During the whole process, it should be ensured that  principles of natural justice are followedand the charged  officer/official isgiven opportunity of being heardlgiven  accessto the records in accordance with the prescribed  rules;

10) Where on the basis of the report of the Inquiry Officer,the  officer/official is either exoneratedor imposed any of the  penalties by theCompetent Authority, it should invariably be followed by way of issuing a speaking Government  Order/Order, as the case may be, giving thechronological  sequence of events leadingto such exoneration/ imposition  ofpenalty. The GAD(Vigilance) and the Investigating Agency  shall also be informed of the action taken;

11) The procedure prescribed under Rule 34 of Jammu&  Kashmir Civil Services (Classification,Control and Appeal)  Rules, 1956, befollowed, after a provisional decision to impose any major penalty under Rule 33 is taken, thereby,  serving a show cause notice, along with copyof proceedings prepared under Rule 33 excluding the recommendations, if  any, in regard to punishment, made by the officerconducting  the inquiry, upon the delinquentgovernment servant,  affording him her anopportunity to explain by particular  date,why the proposed penalty should not be imposed upon  him her;

12) An opportunity of filing an appeal to a Governmentservant  upon whom a penalty is imposed,should be provided in  accordance withRule 37 of Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. The appeal,  so filed, should be disposed off in a timebound manner as  prescribed under rules;

13) The department should monitor each departmental enquiry  carefully to ensure its completion in a timebound manner  preferably within a periodof three months and not more than  6months in any case, and its outcome shared with the  General Administration Department(Vigilance).

14) The cases of the retired employees, in whose case  departmental proceedings have beenrecommended, should  be carefullyexamined in light of the Regulation 168 of the  J&K CSRs, 1956;  It is also clarified that criminal proceedingsand departmental  proceedings can be heldsimultaneously except in cases where the Hon'ble Court has specifically restrained the Government from  undertaking departmental proceedings. In allsuch criminal cases where  the criminalproceedings have been initiated and the alleged criminal act  amounts to act(s) of misconduct and, as such,attracts the provisions of  Jammu andKashmir Civil Services (Classification, Control and Appeal)  Rules, 1956, the department shall take recourseand strictly adhere to  the aforesaidrules, procedures and guidelines, and institute a  departmental enquiry in all such cases.  Further, the Administrative Secretaries Headsof  Departments should take periodicalreview of the vigilance necessary directions, as may be required, to ensuretheir speedy  completion. All concernedshould be informed that processing RDA cases in a timely manner is essential for good governance and a seriousview  will be taken on any delay evenwhile processing cases.  All thedepartments should ensure that the above guidelines/instructions are implemented in letter and spirit