*Orders framing of committee in each deptt for scrutiny
Mohinder Verma
JAMMU, Jan 28:Taking serious note of non-submission of Annual Property Returns by lakhs of its employees, Government today issued explicit directions to all the departments to forthwith issue necessary instructions to the subordinate officers and officials to submit returns of the year 2014 by or before January 31, 2015.
The Administrative Secretaries have also been directed to fix timeline for the officers and Head of the Departments working under their respective control for furnishing information in respect of the Property Returns of 2013, which in any case shall not be beyond February 10, 2015.
Though provisions vide which such instructions have been issued by the General Administration Department today exist under Jammu and Kashmir Public Men and Public Servants Declaration of Assets Act, 1983 but the same received due attention only after EXCELSIOR in its edition dated January 24 exposed that lakhs of Government employees are not filing annual returns of assets. EXCELSIOR also reported that Administrative Secretaries as well as HoDs are watching the situation as mute spectators and employees are being promoted without strict adherence to this mandatory annual exercise.
As per Sub Section 2 of Section 9 of the J&K Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983, every public servant is required to submit Annual Return of the assets held by him and his family members in the month of January every year and shall indicate the reasons for increase, if any, in the assets and source thereof.
Moreover, vide SRO No. 415 dated December 11, 2003, it was made clear that GAD (Vigilance) would be the Prescribed Authority in relation to State Cadre All India Service officers, KAS officers and other services administered by the GAD. It was also specified that Administration Department in relation to Gazetted Officers under its control and HoD in relation to other public servants would be the Prescribed Authority.
Though Section 11 read with Rule 5 of the J&K Public Servants Declaration of Assets Act provides a provision for imposition of penalty for non-submission of the property returns by public servants, there was no focus on this provision and lakhs of Government employees continued to avoid filing of Annual Property Returns. This was mainly because of failure of those who have the statutory duty to ensure compliance of the J&K Public Men and Public Servants Declaration of Assets Act.
Section 11 states: If any public servant without any reasonable cause fails to submit the return annually, he shall be guilty of committing criminal misconduct as specified under Prevention of Corruption Act. Similarly, Rule 5 states: The Prescribed Authority is required to serve a notice upon those public servants, who fail to submit Annual Property Returns.
Now, taking serious note of non-compliance of the provisions regarding submission of Annual Property Returns albeit belatedly, the General Administration Department has directed all the Administrative Secretaries to ensure that Annual Property Returns in respect of Gazetted/Non-Gazetted officers and officials under their administrative control are filed on regular basis. They have also been asked to obtain status in respect of such defaulting officers, who have failed to submit returns for the year ending 2013.
“The particulars of defaulting Gazetted Officers shall be submitted to the GAD by February 10, 2015. In respect of Non-Gazetted officials, the Administrative Secretaries shall take a review at their own level and take further action against the defaulting officials”, the order said, adding “if needed cases be referred to GAD along with recommendations against such officials”.
The directions have also been issued for framing of a committee in each department to examine the property statements and point out discrepancies, if any, so as to achieve the laid down objectives, the order further said, adding “permission of the competent authority for various purchases is also required to be obtained under J&K Employees (Conduct) Rules, 1956 and it should be ensured that provisions of these Rules are adhered to by the employees”.
All the Administrative Secretaries have been directed to fix timelines for the officers and HoDs under their respective control for furnishing of information in respect of Property Returns of 2013, which in any case shall not be beyond February 10, 2015.
“The departments shall issue necessary instructions to the subordinate officers/officials to submit the Property Returns of 2014 by or before January 31, 2015 and the list be submitted to GAD by the end of February 2015”, the order said, adding “the DPCs shall take special note of as to whether the officers and officials have filed the Annual Property Returns and check the same with the Annual Performance Reports, which carry an entry on the date of filing of the Property Returns”.
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