Sunday, February 7, 2010

Procedure for handling Complaints against Secretaries

11:29 AM Posted by Unknown No comments
NO. 104/ 100/2009-AVD.1

Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, Dated January 14, 2010

                                                  OFFICE MEMORANDUM

Subject:- Complaints against Secretaries to the Government of India -procedure for handling regarding.

            The procedure regarding handling complaints against Secretaries to the Government of India, whether pseudonymous or otherwise, has been attracting attention of the Government. It has been observed that under the system presently prevalent, complaints against Secretaries to the Government of India are sent to the Department of Personnel and Training or the administrative Ministries concerned for examination and necessary action. Sometimes frivolous or vague complaints are also given importance meant for grave complaints. It is considered appropriate that complaints against Secretaries to the Government of India are scrutinized carefully and appropriate action taken based on their gravity, seriousness and the nature of the allegations.

2. It has, therefore, been decided to constitute a group, under the chairmanship of the Cabinet Secretary, to take a view on such complaints. The of the group shall be as follows:-

(i) Cabinet Secretary
(ii) Secretary to the Prime Minister
(iii) Secretary (Coordination) in the Cabinet Secretariat
(iv) Secretary, DOPT, and
(v) Secretary, CVC

3. Complaints against Secretaries to the Government of India, whether pseudonymous or otherwise, received by the Cabinet Secretariat or the CVC or the DOPT or the Prime Minister's Office, will be first scrutinised by the group headed by the Cabinet Secretary. This group, after reviewing the complaints,
would proceed as follows:-

            a) If there is no substance in the complaint or the complaint is frivolous in nature, the group would close the complaint and inform the relevant office from where the complaint was received;

           b) In case the preliminary scrutiny of the complaint indicates that there is some substance in it or there are verifiable allegations, the group could do one or more of the following:-

             * Seek the comments of the Secretary concerned;
             * Call for the concerned file(s);
             * Call for the relevant records, including annual property returns, other reports etc.

4. Having received appropriate inputs on the complaints, the group will then proceed in the following manner:-

           * In case the records/comments indicate that there is no substance in the complaint, it will be closed.
           * If after scrutiny, it is felt that there is some substance in the complaint, a view would have to be taken by the group regarding the nature of the investigation called for and an appropriate recommendation made in this regard.
          *  Thereafter, thethe recommendation would be submitted to the Disciplinary Authority, for action as deemed fit.

5. Since the group constituted will also be looking into the complaints received by the CVC under the CVC Act or the Public Interest Disclosure Resolution, the CVC shall be kept informed at regular intervals about the status of the scrutiny/review undertaken by the group into complaints forwarded by the CVC.

 ( Dr. S. K. Sarkar )
Additional Secretary

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