SRINAGAR: The Jammu and Kashmir Government has issued fresh guidelines clarifying that departmental disciplinary proceedings against government employees can continue simultaneously with criminal prosecution and should not ordinarily be delayed due to a pending criminal trial.
The instructions were issued through Circular No. 12-JK-GAD of 2026 by the General Administration Department (Vigilance), following consultations with the Department of Law, Justice and Parliamentary Affairs.
According to the circular, departmental enquiries and criminal proceedings operate in separate spheres and are governed by different standards of proof. While disciplinary proceedings are based on the principle of the preponderance of probabilities, criminal cases require proof beyond reasonable doubt.
The government directed all departments to proceed with disciplinary action even when criminal proceedings have been initiated in the same matter. It said any decision to defer departmental proceedings should be made only in exceptional circumstances where the charges in both proceedings are substantially identical and continuation of the departmental enquiry could prejudice the employee’s defence in court.
The circular further states that any stay on disciplinary proceedings must be approved by the competent authority with reasons recorded in writing and reviewed at intervals not exceeding six months.
It also provides that if a criminal trial is unduly delayed, authorities should consider resuming the departmental enquiry in the interest of administrative efficiency and public accountability.
Referring to various Supreme Court judgments, the government clarified that acquittal in a criminal case does not automatically result in closure of departmental proceedings unless the acquittal is honourable and the charges in both cases are identical.
The circular directs all departments to conclude disciplinary proceedings expeditiously in accordance with the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956, and related procedures notified in 2021.
The government also clarified that participation by an employee in a departmental enquiry during the pendency of a criminal trial does not amount to a violation of constitutional protections against self-incrimination under Article 20(3) of the Constitution of India.
