(3) Allegations made in the Press or by individuals against a Government servant in respect of his official conduct – procedure for dealing with.
(3) Allegations made in the Press or by individuals against a Government servant in respect of his official conduct – procedure for dealing with.
The First Five Year Plan contained a suggestion that when specific allegations were made in the Press against individual public officers, they should be asked to clear their names in court. This was accompanied by a recommendation that the legal expenses in such cases should be sanctioned by Government on the understanding that if the officer lost his case, he would have to reimburse to Government and if damages were awarded to him, the cost of legal proceedings would be the first charge on them. The suggestions have been carefully considered and the following conclusions have been reached.
2. When allegations are made in the Press or by individuals against a Government servant in respect of his conduct in the discharge of his public functions, a preliminary confidential enquiry by a senior officer should be ordered by Government.
3. If such an enquiry leads to the conclusion that the allegations are based on ignorance, insufficient information or even malice, it should be further considered whether, having regard to the nature and circumstances of the case, any action in a Court of Law is necessary to vindicate the conduct of the Government servant, for in some cases, mere publication of the results of the enquiry may not always carry conviction with the public. If it is decided to have resort to a Court of Law, it should also be considered whether Government should themselves initiate proceedings in a Court of Law against the party which made the allegations or whether the Government servant should be required to initiate such proceedings. If, on the other hand, it is considered as a result of enquiry that there are reasonable grounds to doubt the propriety and correctness of the conduct of the Government servant, or if the enquiry is not conclusive, Government may entrust the case to the Special Police Establishment for investigation or order a full departmental enquiry under the Central Civil Services (Classification, Control and Appeal) Rules, or require the Officer to vindicate his conduct by resorting to a Court of Law.
4. In cases where Government decide to initiate criminal proceeding themselves, the provision of Section 198B of the Criminal Procedure Code should be made use of. According to these provisions the complaint can be filed within six months of the date of the alleged offence, by the Public Prosecutor directly in a Court of Sessions with the previous sanction of the Government and the case will thereafter be pursued by Government. Where the Government decided to institute civil proceedings, the usual procedure for institution of civil proceedings by Government may be followed.
5. In cases where the Government servant is required to vindicate his conduct in a Court of Law Government will give financial assistance as laid down in sub-paragraph 2 (d) of MHA OM No. F45/5/53-Ests.(A), dated the 8th January, 1959 (Decision No. 4 below).
6. When a Government servant desires to institute proceedings suo moto to vindicate the conduct in the course of the discharge of his official duties, he will have to obtain the previous sanction of the Government as required in Rule 16 of the Central Civil Services (Conduct) Rules, 1955 (Now Rule 19).
If Government decide to grant such sanction, no question of reimbursement of any expenses to the Government servant will arise, but advances may be granted as laid down in sub-paragraph (c) (ii) of paragraph 2 of Ministry of Home Affairs OM No. F45/5/53-Ests.(A), dated the 8th January, 1959 (Decision No. 4 below).
7. The appropriate authority for taking a decision in each case will be the administrative Ministry of the Government of India concerned who will consult the Finance and Law Ministries, where necessary. The Comptroller and Auditor General of India will exercise the powers of an administrative Ministry in respect of the Indian Audit and Accounts Department.
8. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General
[MHA OM No. 25/32/54-Ests.(A), dated 08.01.1959]