Govt to bring improvements in ‘Delegation of Powers’, ‘Transaction of Business Rules’

Office of Commissioner Enquiries to be revived
*CS directs all deptts for prompt disposal of files

Mohinder Verma

JAMMU, Dec 10: Government of Union Territory of Jammu and Kashmir has decided to bring further improvements in the “Delegation of Powers” and the “Transaction of Business Rules”. Moreover, office of Commissioner Enquiries will be revived so that inquiries are conducted in a streamlined manner.
Official sources told EXCELSIOR that in a high-level meeting held under the chairmanship of Chief Secretary Atal Dulloo detailed deliberations were held on disposal of official files and accordingly all the departments were directed to ensure promptness in this regard.
“No file should be ideally delayed”, sources said quoting the directions of the Chief Secretary, who even held discussion on “Delegation of Powers” and the “Transaction of Business Rules”.
The Chief Secretary has directed the General Administration Department to constitute a committee comprising Administrative Secretaries of Jal Shakti, Finance and General Administration Departments to oversee the need for further improvements and suggestions to be brought in the “Delegation of Powers” and the “Transaction of Business Rules”, sources informed.
It is pertinent to mention here that in exercise of powers conferred under Section 67 of the Jammu and Kashmir Reorganization Act, the Lieutenant Governor can delegate powers to the Administrative Secretary and Heads of the Departments and if the committee recommends further improvement in the same the Chief Secretary will take up the issue with the Lieutenant Governor. Already, several powers have been conferred upon officers at different levels in the administration.
The Rules for Transaction of Business for the Government of the Union Territory of Jammu and Kashmir were notified by the Ministry of Home Affairs with the approval of the President in the month of August 2020 in exercise of the powers conferred by Section 55 of the J&K Reorganization Act, 2019.
In the Rules, the details of the work allocation, distribution of work among departments and their powers have been defined. As per these Rules, the Secretary of the department concerned, who is responsible for proper transaction of business, if considers that there has been any material departure from these Rules, he can personally bring it to the notice of the Lieutenant Governor through the Chief Secretary.
“Furthermore, the issue of lack of awareness among officers with regard to suspension, penalty proceedings, inquiries etc was also discussed in the meeting chaired by the Chief Secretary and accordingly it was directed that the revival of the office of Commissioner Enquiries shall be explored so that inquiries are conducted in a streamlined manner”, sources said, adding “even the idea of making Regular Departmental Action (RDA) portal accessible to all Heads of the Departments shall be looked into”.
“The post of Commissioner of Enquiries exists in the administrative set-up and the main task of this post is to handle all sorts of departmental inquiries for their expeditious completion and recommending action against the delinquent employees”, sources said, adding “Commissioner of Enquiries is like any other post of Commissioner Secretary or Principal Secretary required to be held by an IAS officer for exclusively handling the departmental inquiries into the allegations of misconduct under the Jammu and Kashmir Government Employees (Conduct) Rules, 1971 in respect of State Government employees and under All India Services (Conduct) Rules, 1968 in case of IAS/IPS officers”.
It is pertinent to mention here that whenever a complaint is filed against the misconduct of any officer or official, the concerned department holds preliminary inquiry. On the basis of the preliminary inquiry, the disciplinary authority prepares charge-sheet and serves the same to the erring officer/official.
On receiving the reply of the erring officer/official, the matter is required to be handed over to the Commissioner of Enquiries for conducting further proceedings on day-to-day basis for expeditious completion of probe and submission of recommendations to the concerned department for necessary action.