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Gujarat Mandates Preliminary Inquiry Before FIRs Against Govt Officials

The Gujarat Home Department has issued a circular requiring police to conduct a preliminary inquiry before registering an FIR against any serving government officer or employee. The move aims to protect officials from harassment stemming from personal disputes or baseless complaints, which were affecting morale and reputation. The circular mandates a defined timeline for the initial inquiry and requires prior approval for investigating serious charges like corruption. The government clarifies this ensures due process without diluting accountability, and strict action will follow if allegations are substantiated.

Key Points: Gujarat Mandates Pre-FIR Inquiry for Govt Officials

  • Mandatory pre-FIR inquiry for complaints
  • Aims to curb harassment from false cases
  • Prior approval needed for serious charges like corruption
  • Defines timeline for initial inquiry completion
3 min read

Gujarat makes preliminary inquiry mandatory before FIRs against govt officials

Gujarat govt mandates preliminary inquiry before registering FIRs against officials to prevent harassment from false complaints, ensuring due process.

"enabling officers to discharge their duties without undue fear of false complaints - Gujarat Home Department circular"

Gandhinagar, Feb 3

The Gujarat government's Home Department has issued a circular mandating that no police first information report 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.

- IANS

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Reader Comments

S
Shreya B
While I understand the need to protect officials from harassment, I'm concerned. What about a common citizen facing genuine corruption? Will this "prior approval" from the department head create more red tape and delay justice? The process must be transparent.
V
Vikram M
Good decision! Finally, some protection for our bureaucrats who have to make tough calls. The constant fear of an FIR for every administrative decision was paralyzing governance. Let them work without this sword hanging over their heads.
A
Anjali F
The intent is right, but the devil is in the details. Who conducts this "preliminary inquiry"? The police themselves? And what's the defined time frame? Without strict deadlines, this could be misused to bury complaints. Needs strong oversight.
D
David E
Interesting policy. It seems to balance protecting officials from frivolous suits while maintaining a path for serious allegations. The key will be ensuring the preliminary inquiry is thorough and impartial, not just a rubber stamp.
K
Karthik V
As someone who has seen a relative in government service suffer due to a false complaint, I welcome this. The mental stress and social stigma are immense even if you are cleared later. This is a step towards a healthier work environment for public servants.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

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