THIRUVANANTHAPURAM: In a significant procedural reform, the Kerala Home Department has issued a new notification mandating a preliminary inquiry and a judicial notice before any formal investigation can be launched against a government employee based on a complaint. The move, aimed at safeguarding employees from frivolous or malicious allegations, is part of the state’s implementation of the new Bharatiya Nagarik Suraksha Sanhita (BNSS).
Under the new directive, upon receiving a complaint against a government employee, a Judicial Magistrate cannot immediately order an investigation. Instead, the magistrate must first issue a formal notice to both the employee in question and their direct superior officer.
The superior officer is then tasked with conducting a preliminary inquiry into the complaint and submitting a detailed report to the magistrate. This report must explicitly state whether any prior departmental disciplinary actions have been taken against the accused employee. Concurrently, the employee against whom the complaint has been made will be given the opportunity to submit their own written explanation.
The Judicial Magistrate will only decide on whether to proceed with a full-scale investigation after carefully examining both the superior officer’s report and the employee’s statement.
The notification specifies that the magistrate will determine the timeframe for the submission of these reports. It further clarifies that should the officials fail to provide the necessary report or explanation within the stipulated period, the magistrate is empowered to order the investigation to proceed.
A senior official from the Home Department stated that this measure ensures a “preliminary layer of scrutiny,” providing a fair opportunity for clarification and preventing employees from being drawn into lengthy investigative processes based on baseless claims. This change aligns the state’s procedures with the new national legal framework, emphasizing due process and administrative fairness.
