Gujarat Makes Preliminary Inquiry Mandatory Before Firs Against Govt Officials

(MENAFN- IANS) Gandhinagar, Feb 3 (IANS) The Gujarat government's Home Department has issued a circular mandating that no police first information report (FIR) would be registered directly against a serving government officer or employee without a preliminary inquiry, officials said.

According to the circular, if a complaint is received at a police station against a government officer or employee, the police will be required to conduct an initial verification of facts and circumstances instead of immediately registering an FIR, officials added on Monday.

Only if the preliminary inquiry establishes that a cognisable offence appears to have been committed will further legal proceedings, including the registration of an FIR, be initiated.

The Home Department said that the decision was taken after it was observed that, in several instances, complaints were being filed against officials due to personal disputes, administrative disagreements or with the intent to intimidate them.

Such complaints, when found to be baseless, were causing harassment to officials and adversely affecting their morale and professional reputation.

The circular notes that in recent years, complaints linked to land and property disputes, licensing matters and routine administrative decisions have frequently resulted in police cases being registered solely on the basis of allegations.

This often subjected officers to prolonged inquiries, public scrutiny and mental stress, even when no wrongdoing was ultimately established.

Under the new framework, anonymous complaints, those filed with false identities or lacking supporting material will be liable to be rejected at the preliminary stage.

The police have also been instructed to complete the initial inquiry within a defined time frame to ensure that complaints are not kept pending indefinitely.

In cases involving allegations of corruption, abuse of authority or other serious charges, the circular specifies that prior approval from the competent authority or the head of the concerned department will be required before initiating a formal investigation.

The government has clarified that this requirement is intended to ensure due process and does not dilute accountability.

The Home Department has emphasised that the circular should not be interpreted as providing protection to erring officials.

It said that if the preliminary inquiry reveals substance in the allegations, strict action will be taken in accordance with the law, without any leniency.

Officials said the move is aimed at creating a more secure administrative environment, enabling officers to discharge their duties without undue fear of false complaints, while ensuring that genuine cases of misconduct continue to be addressed through lawful and impartial procedures.

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