MAJOR PENALTIES AGAINST THE GOVERNMENT SERVANT COULD NOT BE IMPOSED BEFORE THE FORMAL DEPARTMENTAL PROCEEDINGS AND NECESSARY ADVICE OF THE ADVISORY DEPARTMENTS, LIKE, FINANCE, PERSONNEL, LAW AND THE ADMINISTRATIVE REFORMS ORGANIZATION.
It is a matter of fact and concern that department of the HPPWD has taken no cognisance of the procedure required to be followed while dealing the cases of complaints and holding departmental enquiries for which on receipt of complaint against the government servant it is necessary to examine the nature of allegations contained there in in order to find out Whether these are specific and worth enquiring into. If further enquiry is called for, steps should be taken to get the complaint properly and carefully investigated. All complaints involving any aspect of Vigilance should be referred to the vigilance organization for advice or necessary action, the moment these are received. Should such an investigation reveal that the allegations, or any of them, are prima facie sustainable, formal departmental proceedings under the rules particularly applicable to the Government servant concerned should be initiated in cases serious enough to impose major penalties. As such here in the case of designated post EAE and XEN preferred in second channel of promotion since 1-11-92 prior to 1-1-1996 the department of the HPPWD has taken no cognisance to refer the case file to department of Finance and ask for the due resultant as mentioned in the pay commission report on 3-1-2022 and other time to time issued guidelines on the captioned subject matter deliberation required to be noticed as case file referred to HOD and Secretary of the department vide number memo dated 27-9-2012 align with number Fin (PR)-B-(7) -1/2021 dated 3-1-2022 however department of HPPWD taking no cognisance to follow guidelines of the advisory departments ie Finance, Personnel, Law and the Administrative reforms and in contrary enforcing wrong interpretation of law code manual even under the RTI prospect and confirmation released so vide S. E -10th Circle HPPWD Bilaspur letter number-672 dated 28-4-2023 and related to the departmental proceedings initiated by the said office on 30-8-2018 align with memo and modification dated 21-5-2004 . On the other hand number of letters and reminders too issued by the honourable Chief Minister of Himachal pradesh to Principal Secretary of the department for necessary corrective measures as laid by CWP(T) number 15857/2008 dated 25-5-2011 but Principal Secretary department of HPPWD has neither taken any advise from the Advisory department like Finance, Personnel and the Administrative reforms organisation nor issued further directives to the HOD and the other concerned responsible for wrong deal of case under rule 10(5) (c) of CCS&CCA rules-1965 .
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