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The other contention raised by the learned counsel for the petitioner is that conducting enquiry on anonymous or pseudonymous petition is impermissible and based on such MSM,J wp_23195_2020 anonymous or pseudonymous petition, conducting fact finding enquiry/preliminary enquiry, the petitioner cannot be transferred.

Learned counsel for the petitioner has drawn the attention of this Court to the guidelines issued by Department of Personnel and Training, Government of India, New Delhi in letter No.321/4/91-A VD, III dated 29.09.1992, wherein it is stated that no action should be taken on anonymous or pseudonymous complaints and should be ignored and only filed. However, there is a provision available in this order that in case such complaints contain verifiable details, they may be enquired into in accordance with existing instructions. It is however, seen that the exception provided in this order has become a convenient loophole for blackmailing. The public servants, who receive the anonymous or pseudonymous complaints, generally follow the path of least resistance and order inquiries on these complaints. A peculiar feature of these complaints is that these are resorted to especially when a public servant's promotion is due or when an executive is likely to be considered for interview. If nothing else, the anonymous or pseudonymous petition achieves the objective of delaying the promotion if not denying the promotion. These complaints demoralise many honest public servants.

Therefore, keeping in view the executive instructions of the Government of India, anonymous or pseudonymous complaints should be ignored unless they disclosed verifiable information. Basing on the said circular issued by the Government of India, State Government issued Circular Memo No.706/Spl.B3/99-3, G.A. (Spl.A) Department dated 28.10.1999. In the said circular memo, clause (b) MSM,J wp_23195_2020 deals with anonymous or pseudonymous complaints, which reads as follows:

(b) Anonymous and Pseudonymous complaints:
Normally allegations contained in an anonymous petition ought not to have taken notice or except in cases where the details given are specific and, therefore, verifiable and the authority that receives such complaints may make such preliminary examination as may be necessary. In view of said instructions, unless there is verifiable information in the anonymous or pseudonymous complaints, the authorities cannot act upon those anonymous or pseudonymous complaints.
In view of the law declared by the learned Single Judge of the High Court of Judicature at Hyderabad, normally the authorities cannot order enquiries based on anonymous or pseudonymous petitions. Even if, the disciplinary authority intends to take action, a show-cause notice is required to be issued supplying copy of such anonymous or pseudonymous petition/complaint to contradict the contents therein while submitting a reply to the show-cause notice. If no such copy is furnished or withholding the entire material while issuing notice by the disciplinary authority, such inquiry, if any, conducted based on such anonymous or pseudonymous petitions, is illegal.