Guidelines regarding handling of complaints in Ministries/Departments : DOPT ORDER 2013
No. 104/76/20 1 1-AVD.I
Government of India
Ministry of Personnel & Public Grievances & Pensions
(Department of Personnel & Training)
Government of India
Ministry of Personnel & Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, Dated October 18, 2013
OFFICE MEMORANDUM
Subject;- Guidelines regarding handling of complaints in Ministries/Departments.
The undersigned is directed to say that
the instructions regarding dealing with anonymous and pseudonymous
complaints as contained in this Department’s CM No. 321/4/91-AVD.III,
dated 29th September, 1992 and as reiterated vide DOP&T’s OM No.
371/38/97-AVD.III, dated 3/11/1997, being at variance with instructions
issued by CVC in this regard vide circular No.3(V)/99/2 dated 29th June,
1999, No. 98/DSP/9, dated 31st January, 2002 and llth October, 2002,
had been receiving the attention of the Government for the past some
time.
2. The matter was examined afresh in
consultation with the Central Vigilance Commission. Subsequent to the
Public Interest Disclosure & Protection of Informers’ Resolution —
2004 (PIDPI), the Commission has created a mechanism for handling
complaints where identity of the complainant is kept secret and the
complainant is provided protection. This has been endorsed and
operationalized by the Central Government with the approval of the
competent authority.
3. In view of the fact that complainants
who desire to protect their identity now have the protection of the
Public Interest Disclosure & Protection of Informers’ Resolution —
2004 (PIDPI), the following procedure is laid down for handling
anonymous and pseudonymous complaints, in supersession of instructions
contained in DoP&T’s OM No. 32 1/4/91- AVD.III dated 29th September,
1992:
(i) No action is required to be taken on
anonymous complaints, irrespective of the nature of allegations and
such complaints need to be simply filed.
(ii) Complaints containing vague allegations could also be filed without verification of identity of the complainant.
(iii) If a complaint contains verifiable
allegations, the administrative / Ministry/Department may take
cognizance of such complaint with the approval of the competent
authority to be designated by the Ministry/Department, as per their
distribution of work. In such cases, the complaint will be first sent to
the complainant for owning/disowning, as the case may be. If no
response is received from the complainant within 15 days of sending the
complaint, a reminder will be sent. After waiting for 15 days after
sending the reminder, if still nothing is heard, the said complaint may
be filed as pseudonymous by the Ministry/Department.
4. Instructions contained in para-3
above would also be applicable (with appropriate competent authority to
be designated under para 3 (iii) above) for dealing with complaints
against Secretaries to the Government of India or Chief Executives /
CMDs / Functional Director of PSEs/PSBs/FIs, which will continue to be
referred to the Cabinet Secretariat for placing before the Group of
Secretaries headed by the Cabinet Secretary/Secretary (Co ordination) in
the Cabinet Secretariat, as the case may be, as per procedure given in
Department’s OM No. 104/ 100/2009-AVD.I, dated 14/1/2010 and DPE’s OM
No. 15(1)/2010-DPE(GM), dated 11/3/2010, as amended from time to time.
Sd/-
(G. Srinivasan)
Under Secretary to the Government of India
(G. Srinivasan)
Under Secretary to the Government of India
source : DOPT