Memo.No. 697/Ser.C/83-1 General Admn. (Ser.C) Dept., dt.
21-11-1983
Ref: l . Memo.No. 5171/63-1 GA.(Ser.D)
Dept., dt. 4-3-64.
2.
Memo.No. 1072/65-1 GA.(Ser.C) Dept., dated 19-5-65.
ORDER:
In continuation with the petitions being filed by
public servants before Dharma Mahamatra, the following points have been raised
for clarification:
(a)
Whether the existing employees are entitled to complain directly to the Dharma
Mahamatra about alleged irregularities committed by their superiors in the same
organisation and whether such complaints would not amount to
"misconduct".
(b)
Whether action could be initiated against such employees if enquiry shows that
the complaints were not established. According to the instructions issued in
Government Memo.No. 5171/63-1 General Administration (Services.C) Department,
dated 4-3-1964 a public servant is not prohibited from giving information
leading to the detection of corruption of his superior officer. According to
the above Memorandum any allegation by a Government servant against a superior
should be made through the officer immediately superior to the officer
complained against. Instructions have also been issued in Memo.No. 1072/ 65-1
General Administration (Services.C) Department that Government employee should not
be allowed to forward complaint about other officers to the Vigilance
Commissioner (at present Dharma Maha Matra). In the light of the above
instructions previously issued, it is clarified that a subordinate officer
though he can make a complaint about the alleged irregularities to an officer
immediately superior to the officer complained against cannot complain to the
Dharma Maha Matta directly about the alleged irregularities committed by his
superiors in the same organisation. If any such complaint is given it has to be
construed as misconduct and disciplinary action taken under the provision of
the Classification, Control and Appeal Rules.
