ANDHRA PRADESHANTI-CORRUPTION BUREAU MANUAL

(GENERAL)CHAPTER I

CONSTITUTION AND ORGANIZATION OF THE ANTI-CORRUPTION BUREAU

1. The Anti-Corruption Bureau in Andhra Pradesh came into existence

on 2-1-1961 as a separate Department to check effectively the evil of

corruption in the services and to improve the moral tone of the

administrat ion in the Sate, vide G.O MS. No. 1880, General Administrat ion

(SC. C) Department, dated 16-12-1960. Earl ier to this, the X-Branch of the

Police Department was investigating cases of corruption.

2. The Bureau has its headquarters at Hyderabad and functions under

the over-all control and supervision of a Director, who is of a rank of an

Inspector-General of Police. The Director functions as the Head of the

Department directly under the administrative control of the Chief

Secretary to Government, in the General Administrat ive Department. He

enjoys all the privi leges, and administrative and f inancial powers that are

ascribed to other Heads of Departments.

3. The Director is assisted by an Additional Director of the rank

of Additional Inspector-General of Police and 4 Joint Directors (of the

rank of Superintendent of Police) and 2 Deputy Directors (of the rank of

Additional Superintendent of Police).The functions and responsibi l it ies of

the Additional Director encompass all the wings of the Anti Corruption

Bureau under the over-al l directions and supervision of the Director.

He functions as second in command and takes the decisions on behalf of

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the Director, when the Director is not available for urgent consultations.

The Joint Directors are al lotted different territorial jurisdict ions and the

distribution of work amongst them is as follows:

(a) Joint Director (Andhra Zone): In pursuance of the Policy decision taken to station Joint Directors at

Regional Centres, the Headquarters of Joint Director (Andhra Zone) was

shifted from Hyderabad to Visakhapatnam with effect from 27-9-1984. He

is incharge of the Zone covering Srikakulam, Vizianagaram,

Vishakapatnam, East Godavari, West Godavari, Krishna and Guntur

districts.

(b) Joint Director (Rayalaseema Zone): He is incharge of the Zone covering Prakasam, Nellore, Chittor,

Cuddapah, Anantapur and Kurnool districts.

(c) Joint Director (Telangana Zone):

He is incharge of the Zone covering Medak, Nizamabad, Adilabad,

Karimnagar, Warangal, Khammam, Nalgonda, Mahbubnagar and

Rangareddy districts.

(d) Joint Director (City Zone):

He is incharge of the Zone covering the twin cit ies of Hyderabad and Secunderabad.

(e) One of the Deputy Directors is incharge of Administration and Operations:

Of the two Deputy Directors, one Deputy Director is incharge of

Training Wing and other Deputy Director is incharge of Administration and

undertakes special enquiries and special operations in certain target

areas, entrusted by the Director.

4. The entire State is divided into 10 Ranges as mentioned below with

a Deputy Superintendent of Police incharge of a Range except the City

Range, which has got two Deputy Superintendents of Police.

1. Waltair Range. – Visakhapatnam, Srikakulam and Vizianagaram districts.

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2. Rajahmundry Range. – East Godavari and West Godavari

districts.

3. Vijayawada Range. – Krishna and Guntur districts.

4. Nellore Range. – Nellore and Prakasam districts.

5. Tirupati Range. – Chittor and Cuddapah districts.

6. Kurnool Range. – Kurnool and Anantapur districts.

7. Hyderabad Range. – Ranga Reddy, Nalgonda and Mahabubnagar

districts.

8. Nizambad Range. – Nizambad, Medak and Adilabad districts.

9. City Range. – Twin Cit ies of Hyderabad and Secunderabad and

Hyderabad district.

10. Warangal Range. – Warangal, Karimnagar and Khammam

districts.

5. An Inspector is incharge of each district. Three Inspectors are

attached to each Deputy Superintendent of Police and they are designated

as Range Inspectors. Normally all cases of enquiries/investi-gations of

disproport ionate assets and Engineering cases are entrusted to the

Range Inspectors so that they may specialise in these types of

enquiries/investigations. But for administrative reasons or on grounds of

urgency, such work can also be entrusted by the Range D. S. P. to the

District Inspector after obtaining permission of the Director.

6. (a) The Deputy Director (Administrat ion and Operations) is assisted

by two Inspectors and two Sub-Inspectors of Police for undertaking

special enquiries/ investigations entrusted by the Director/Additional

Director, Anti-Corruption Bureau and for special

operations in certain target areas and collection of information about

criminal misconduct on the part of public servants etc.,

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(b) Deputy Director, Training is incharge of Training and Operations.

He looks after the various training programmes that have to be conducted

regularly. In addition to the training programmes, he wil l be entrusted with

important enquiries and special operational works.

(c) These units will also maintain lists as instructed by the Director,

Additional Director or Joint Directors.

7. Subject to the general supervision and control of the Director and

Additional Director, the entire work in the respective Zones is control led,

directed and supervised by concerned Joint Directors.

8. All the above off icers (excepting Inspectors) wil l undertake tours and

inspections and give constant guidance to their subordinates in respect of

investigations and enquiries. They wil l also scrutinise the final reports in

all cases before forwarding them to the Director. The Inspectors also are

touring off icers.

9. There is also a team of non-Police officers stat ioned at Headquarters,

Hyderabad. The team consists of :-

( i) Deputy Director, Forests (of the rank of Divisional Forest Officer.)

( i i) Deputy Director, Engineering (of the rank of Executive Engineer.)

and Assistant Director (of rank of Deputy Executive Engineer.)

( i i i ) Deputy Director, Revenue (of the rank of Special Grade Deputy Collector.)

(iv) Assistant Director, Commercial Taxes (of the rank of

Commercial Tax Off icer.)

(v) Accounts Off icer/ Chartered Account. 10. The above officers drafted from their respective

Departments to the Anti-Corruption Bureau assist the Bureau

in conducting enquiries involving technical matters pertain-

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ing to their respective Departments. They also assist the Off icers of Anti-

Corruption Bureau in the detection of any lacunae in the administrative

and f inancial procedures fol lowed in their respective Departments.

11. Non-Police Officers may be drafted to the Anti-Corruption Bureau in

accordance with the needs, from time to time, from the Departments

concerned after obtaining orders of the Government [vide G.O. Ms.

No. 1880, General Administration (SC.C) Department, dated 16 t h

December, 1960].

LEGAL SECTION 12. (a) There is Chief Legal Adviser. He will give his opinion in all

important cases (Registered Cases and Regular Enquiries) in which his

advice is sought by the Director/Additional Director/Joint Directors. He wil l

also conduct important cases entrusted to him by the Director in the

Courts of Special Judges, A.C.B. & S.P.E.

(b) A Director of Prosecutions and an Additional Director of

Prosecutions (of the rank of District Munisif/Police Prosecuting Officer)

are available to lead evidence before the Tribunal for Disciplinary

Proceedings. There are also four Legal Advisers-cum-Special Public

Prosecutors in the Anti-Corruption Bureau to conduct prosecution in the

Courts of Special Judges for S.P.E. & A.C.B. Cases at Hyderabad and

Visakhapatnam. They wil l also give legal opinions in all

Enquiries/Registered Cases conducted by the Bureau and on all other

matters referred to them by the Director and Additional Director.

(c) There is also a Standing Counsel who wil l be the retainer of the

A.C.B. in the High Court. He wil l keep l iaison and co-ordinate the work

between A.C.B. and the High Court, Supreme Court and Andhra Pradesh

Administrative Tribunals. He will personally appear in the cases of A.C.B.

in appeals f i led before the High Court and Andhra Pradesh Administrative

Tribunals etc.

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TECHNICAL SECTION:

13. The Bureau acquired equipment to improve its technical

capabil i t ies. For the proper maintenance of Cameras, Tape-recorders and

plain paper copiers, technical personnel are taken either on deputation

from the other Departments or appointed directly.

14. The Organisational structure of the Bureau is shown in the Chart

at Annexure-I.

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CHAPTER II

POWERS, DUTIES AND RESPONSIBILITIES 15. (a) The Anti-Corruption Bureau has powers to investigate offences

under sections 161 to 165-A I.P.C. and the offence of Criminal

misconduct under section 5 of the Prevention of Corruption Act, 1947;

(b) The Anti-Corruption Bureau is competent to conduct

investigations not only against the Government Servants but also other

public servants who are employees of various State Public Undertakings,

Statutory Corporations, Government Companies and Local Authorit ies;

i.e., all paid employees working in Municipalit ies, Zil la Parishads,

Panchayats and institut ions managed by such local bodies.

(c) While investigating the offences mentioned above, the Anti-

Corruption Bureau may also investigate any other offences committed by

the accused public servant in the course of the same transaction. Further

if in the course of investigation into a case of corruption, any

misappropriation of public funds on the part of A.O. comes to notice, the

A.C.B. itself should take up further action for prosecuting the concerned

instead of entrusting the cases to the Crime Branch C.I.D.

(d) In cases where private persons are involved along with public

servants in criminal conspiracy or abetment or other offences, the

investigation may be made against those persons along with the public

servants concerned.

(e) According to Government Memoranda No.163/SC.D/83-2&3,

General Administration (SC.D) Department, dated 30 t h March, 1983 and

dated 10 t h June, 1983, the Anti-Corruption Bureau is delegated with the

fol lowing suo motu powers for effective functioning.

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(i) Anti-Corruption Bureau will have ful l powers of collecting source information against al l officers;

( i i) Permission for prel iminary or regular enquiries, registration of cases or laying of traps etc., should be given personally by the Director, Anti-Corruption Bureau and not by any other functionary;

(i i i) In respect of the All-India Service Off icers and Heads of

Departments, the Director, Anti-Corruption Bureau

should obtain prior permission of the Chief Secretary

before init iating a discreet or regular enquiry or

registering a case or laying a trap etc,.

(f) In U.O Note No. 1150/SC.D/83-2, General Administrat ion

Department, dated 25 t h July, 1983, the Government issued the fol lowing

further instructions:-

(i) While forwarding the petit ions/complaints to the Anti-

Corruption Bureau, the referring authority need not specify

the type of action to be taken. The petit ion/complaints

should be forwarded for ‘ Discreet Enquiries’ only;

(ii) If a prima facie case is established during the discreet

enquiry by the Anti-Corruption Bureau either in whole or in

respect of a few of the allegations, the Bureau will convert

the discreet enquiry into ‘Regular Enquiry’ under intimation

to the Department concerned without wait ing for the

completion of the enquiry on all the allegations.

(iii) During the Discreet or Regular Enquiry, if a cognizable

offence is found to have been committed, the Anti-

Corruption Bureau itself will register the case under the

provision of the Indian Penal Code and the Prevention of

Corruption Act, as the case may be, and proceed

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with further investigation under intimation to the Department concerned;

(iv) In respect of All-India Services Officers and Heads of Departments, the Director, Anti-Corruption Bureau, would continue to obtain the prior permission of the Chief Secretary to Government for init iating any enquiry viz., Discreet Enquiry/Regular Enquiry/Registering a case/Laying a trap.

In view of the above instructions, the procedure of conducting

preliminary enquiries has been dispensed with.

16. The Anti-Corruption Bureau should not investigate into complaints

against non-off icial Chairmen of Municipalit ies and Zil la Parishads and

Presidents of Panchayat Samithis and Panchayats without special orders

of Government.

Where the inst itut ion of the Lok Ayukta is already seized of the

matter, the A.C.B. wil l not investigate into cases of the above category.

17. The Offices of the Director, Addit ional Director, Joint Directors,

Deputy Superintendents of Police of the city and other Ranges and District

and Range Inspectors of Police of the Anti-Corruption Bureau have been

declared as Police Stations vide G.O. Ms. No. 341, Home (Pol.D)

Department, dated 23 r d May, 1984 (Annexure-II).

8. Clause (D) of Sect ion 5-A of the Prevent ion of Corruption Act, 1947

stipulates that not withstanding anything contained in the Code of Criminal

Procedure,1973,no Police Off icer bellow the rank of Deputy Superintendent of

Pol ice, shall invest igate any offence punishable under Sect ion 161 sect ion

165 or sect ion 165-A of the Indian Penal Code or under Sect ion 5 of the

Prevent ion of Corruption Act,1947 without the order of a Magistrate of the First

Class or make any arrest therefore without a warrant. However, in G.O.Ms.

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No. 170, General Administration (SC.D) Department, dated 20 t h March, 1968 as

per Sect ion 5-A of the Prevent ion of Corruption Act, the State Government

authorized the Inspectors, Anti-Corruption Bureau to investigate into cases

fal l ing under Sect ions 161, 165, 165-A IPC and provisions of the Prevention

of Corruption Act, without orders of a Magistrate of the First Class. An

Off icer incharge of an office of the Anti-Corruption Bureau which is

declared as a Police Station may register a case in respect of offences

committed under Section 5 of the Prevention of Corruption Act, 1947 (Act

II of 1947) within his jurisdiction and investigate it.

19. The Director exercises all powers of investigation vested in the

subordinate officers of the Bureau. He can call for the record of an

enquiry at any stage and scrutinise them and if necessary, transfer the

enquiry/Investigation from one officer to another at any stage for the

reasons to be recorded. The Additional Director may exercise these

powers in the absence of the Director, Anti-Corruption Bureau.

20. In al l Discreet Enquiries/Regular Enquir ies/Registered Cases/Trap

Cases ordered by Government, reports have to be sent to the concerned

Secretaries to Government marking copies to the Chief Secretary to

Government.

21. The Director wil l take final decision in respect of the findings

arrived at in al l enquiries/investigations of the Bureau and recommend to

the Government on the further action to be taken. The Director may

examine witnesses and undertake tours to satisfy himself on the f indings

arrived by his subordinates, in important cases.

22. Well placed, rel iable independent sources are to be cultivated

for facil i tating enquiries and investigations. Care has to betaken that the

identity of such sources is not compromised under any circumstance. The

standard of integrity of officers has always to remain unquestionable.

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Officers whose activit ies are questionable or about whose integrity, public

are doubting be repatriated without any delay.

23. All enquiries wil l be entrusted to the Deputy Superintendents of

Police of the City Range in respect of the City Zone and to the concerned

Deputy Superintendent of Police of Ranges by the Director, Anti-

Corruption Bureau. In turn, these officers will distribute the enquiries

among the Inspectors (both District and Range) working under them. After

thorough enquiries/investigations, the Investigating Off icers wil l submit

their reports along with Case Diaries and documents through the Range

Deputy Superintendents of Police who wil l scrutinise the reports minutely.

If the Range Deputy Superintendents of Police themselves are the

Investigating Officers, they should forward their reports along with the

Case Diaries and documents.

24. All Inspectors including Range Inspectors are competent to

investigate into cases of traps.

25. The Range Deputy Superintendents of Police have off ices of

their own and they are the Drawing and Disbursing Officers in respect of

their Range Staff and self, according to the instructions contained in

G.O.Ms.No.1880, General Administration (SC.C) Department, dated 16-

12-1960.

DEPUTY DIRECTOR (ENGINEERING) 26.(a) The Deputy Director, Engineering, attached to the Anti-

Corruption Bureau, is an Officer of the rank of Executive Engineer of

Roads and Buildings Department [G.O.Ms.No.1880, General

Administration (SC.C) Department, dated 16-12-1960]

(b) He assists the Anti-Corruption Bureau Off icers with his

technical knowledge in al l Engineering matters. As soon as an enquiry

direct ly concerning the Engineering Department regarding execution of

works etc., is received, the f i le wi l l be put up by the Special Branch to

the Deputy Director (Engg.). He wi l l scrut inize the peti t ions/complaints/

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papers connected with the enquiry and prepare a brief on the l ine of

action to be pursued by the Inspector who is entrusted with the

enquiry/ investigation. He will also make a note of this enquiry in his diary

for the fol low up, if necessary.

(c) During the course of an enquiry or investigation, the advice of

the Dy. Director, Engineering should, i f necessary, be sought by Inspector

or Deputy Superintendent of Police of the Range, as the case may be, to

clear any doubts and to make sure that the enquiry/ investigation is

proceeding on correct l ines. They may also send such records as they

might have seized to the Deputy Director (Engineering) for scrutiny and

proper advice. Wherever necessary, the Deputy Director, Engineering, wil l

after spot inspection and scrutiny of the documentary evidence, prepare a

special report, which wil l form part of the record of enquiry to facil i tate

processing and assessing of evidence at various stages.

(d) The Deputy Director (Engineering) also furnishes valuation reports

regarding immovable properties acquired by the Accused/Suspect Off icers.

These valuat ions are done on the basis of the P.W.D. Schedule of Rates

relevant to the period of acquisi t ion of materials or the property.

(e) The f inal reports sent by the Deputy Superintendents of Police

of the Ranges, in al l Engineering cases wil l be scrutinised by the Deputy

Director (Engineering) before they are seen by the Legal-Adviser/Director

of Prosecutions and Superior Officers.

DEPUTY DIRECTOR (FORESTS)

27.(a) The Deputy Director (Forests) is a Divisional Forest Officer,

deputed to work in the Anti-Corruption Bureau to assist the

Investigating/Enquiry Off icer in al l the cases/enquiries pertaining to Forest

Department.

(b) In matters relat ing to the Forest Department, he discharges

functions similar to those of the Deputy Director (Engineering) in

Engineering Cases.

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DEPUTY DIRECTOR (REVENUE) AND ASSISTANT DIRECTOR (COMMERCIAL TAXES)

28. (a) The Deputy Director (Revenue) and the Assistant Director

(Commercial Taxes) who are of the rank of the Special Grade Revenue

Divisional Off icer and Commercial Tax Officer respectively, assist the

Anti-Corruption Bureau in all matters concerning Revenue and

Commercial Taxes Departments. In matters relat ing to the Revenue and

Commercial Taxes, they perform functions similar to those of the Deputy

Director (Engineering) in Engineering Cases.

(b) The Deputy Director (Revenue) and the Assistant Director

(Commercial Taxes) should be special ly trained in the investigation of

cases of disproport ionate assets, at the Central Bureau of Investigation,

New Delhi, to be of assistance in the processing and investigation of such

cases/enquiries. They wil l assist the Investigating Officers with their

expert knowledge and guidance not only from Headquarters but also at

f ield level, whenever necessary. They will also co-ordinate with Heads of

Departments and other off icers in respect of work relating to cases of

disproport ionate assets. Draft f inal reports relat ing to enquiries and

investigation of cases disproport ionate assets will be scrutinised by the

Deputy Director (Revenue) and Assistant Director (Commercial Taxes)

before being put up to the Director through the Addit ional Director.

LIAISON WITH THE CENTRAL BUREAU OF INVESTIGATION.

29. The Central Bureau of Investigation as in the case of the Anti-

Corruption Bureau is a special ised agency to deal with corruption on the

part of Central Government servants.

30. According to the Department of Personnel and Administrative

reforms O.M.No 371/5/73-AVD (II I), dated 5 t h September, 1975, the

Special Police Establishment enjoys with the respective State Police

Force concurrent powers of investigation and prosecution under the

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Criminal Procedure Code. However, to avoid any duplication of effort, an

administrat ive arrangement has been arrived at with the State Government

according to which-

(a) The cases which substantial ly and essential ly concern the

Central Government employees or the affairs of the Central Government,

even though involving certain State Government employees, are to be

investigated by the Special Police Establishment. The State Police is,

however, kept informed of such cases and it wil l render the necessary

assistance to the Special Police Establishment during investigation; and

(b) The cases which substantial ly and essential ly involve the State

Government employees or relating to the affairs of a State Government,

even though involving Central Government employees, are investigated by

the State Police. The Special Police Establishment is informed of such

cases and it extends assistance to the State Police during investigation, if

necessary. When the investigation made by the State Police authorit ies in

such cases involves a Central Government employee, requests for

sanction of prosecution from the competent authority of the Central

Government authority will be routed by the State Police through the

Special Police Establishment.

(c) Where a trap has to be laid against an employee of the Central

Government and there is no t ime to contact any representat ive of Special Police

Establishment, the trap may be laid by the State Police. The Special Police

Establishment should, however, be informed immediately and it should be

decided in consultat ion with them whether further invest igation should be

carried on and completed by the State Pol ice or by the Special Police

Establishment (D.O.No. 21/8/63-GD, dated 5 t h October, 1963 of Central Bureau

of Invest igat ion).

(d) Where there is l ikel ihood of destruction or

suppression of evidence if immediate action is not taken,

the State Police may take necessary steps to secure the

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evidence. They may register a case, i f necessary, for the purpose.

Thereafter, the case should be handed over to the Special Police

Establishment for further investigation. (D.O.No. 21/8/63-GD, dated 5 t h

October, 1963 of Central Bureau of Investigation). Similar action can be

taken by the Special Police Establishment.

(e) Information about cases involving Public Servants of the

Central Government, which are being investigated by the State Police

should be sent by them to the Head of the Department and/or the off ice

concerned as early as possible after the case is started but before a

charge-sheet or a f inal report is submitted. A copy thereof should be sent

to the Special Police Establishment also (D.O.No. 21/8/63-GD, dated 5th

October, 1963 of Central Bureau of Investigation).

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16

CHAPTER III

NATURE OF COMPLAINTS TO BE ENTRUSTED TO THE ANTI-CORRUPTION BUREAU.

31. The following categories of complaints or information are

considered suitable for enquiry/ investigation through Discreet Enquiries,

Regular Enquiries or Registered Cases, by the Anti-Corruption Bureau

against Government/Public Servants:-

(a) Allegations of dishonest conduct, fai lure to maintain integrity or

gross derelict ion of duty or other acts of corruption;

(b) Allegations involving offences under the Prevention of

Corruption Act and under sections 161 to 165 and 165-A I.P.C., together

with any other offences alleged to have been committed by the public

servants;

(c) Complaints/information in which the allegations are such that

their truth cannot be ascertained without making enquiries from non-

official persons or those involving examination of non-Government

records, books of accounts etc., and

(d) Information or complaints relating to large undertakings and

projects sponsored by the State Government or in which the State

Government has f inancial interest provided the allegations fal l under one

of the fol lowing categories (a) to (c) mentioned above.

32. Ordinarily, no enquiries should be made by the Ant-Corruption

Bureau in the fol lowing categories of information or complaints except for

special reasons:-

(a) Information or complaints containing vague and general allegations;

(b) Allegations relating to minor service matters which can be

dealt by the Departmental Authorit ies;

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(c) Allegations of a tr ivial or insignificant nature that can be referred to departmental authorit ies for disposal;

(d) Allegations of departmental irregularit ies or negligence that

can be verif ied/checked by the department concerned;

(e) False claims of T.A., L.T.C., Medical reimbursement etc.:

(f) Production of false education cert if icates, false Caste Cert if icates etc., for the purpose of securing employment or some other favours;

(g) Misappropriation, fraud, embezzlement etc., by public servants, which should normally be investigated by local Police or the Crime Branch C.I.D;

(h) Shortage in Stores, loss, pil ferages etc., where the value of

the property found short, lost etc., is small and neither corruption nor

malpractices are involved;

Misuse of staff, cars, Government vehicles, Peons, orderlies etc.,

unless they are habitual and extensive;

( i) Acceptance of below specification work when the loss caused is small and no malafides are involved;

Note: Where the allegations relate to both corruption and

departmental irregularit ies, the Anti-Corruption Bureau has to be

consulted by the Department concerned as to which of the

allegations should be enquired/investigated into by the Anti-

Corruption Bureau.

33. The Anti-Corruption Bureau conducts three types of

enquiries/investigations. They are:-

(a) Discreet enquiries;

(b) Regular enquiries;

(c) Registered cases including traps and cases of possession of

disproport ionate assets.

34. The above types of enquiries/ investigations are discussed in

detail in the succeeding Chapters.

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CHAPTER IV

DICREET ENQUIRIES 35. Every complaint from whatever source received should be

entered in a Petit ions Register wherein its disposal wil l be noted.

36. All source information’s received in the Anti-Corruption Bureau

should be recorded in the source information register without exception.

37. Every complaint or source information should be examined to

determine whether i t requires action by way of verifying/checking the

allegations or i t has to be referred to the departmental authorit ies

concerned for disposal or should be fi led. The Joint Directors, Anti-

Corruption Bureau should apply their mind to decide immediately whether

the complaints or source informations require quick verif ication through

discreet enquiries to find out the truth or otherwise of the allegations for

taking further action in the matter.

38. In cases where verif ication through discreet enquiries is required

to be made, the Investigating Officers should take precautions to maintain

secrecy. They should not record the statements of the persons whom they

contact for the purpose of verif ication. For examining the departmental

records, i t is advisable to consult the records informally by contacting the

Head of the Department/Off ice concerned. Writ ten requisit ions for the

purpose should be avoided. The departmental authority should be

cautioned that the verif ication is strict ly confidential and may not result in

an open enquiry. As far as possible, the name of the Officer against whom

the enquiry is being made should not be divulged even to the

Departmental Head.

39. Discreet enquiries should be completed within two months of the

receipt of information/complaint.

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40. Where the allegations in the complaint or information is found

to be true, clear and specific, on verif ication, a regular enquiry can be

taken up or a case registered and investigated.

41. Generally no action is to be taken on anonymous and

pseudonymous complaints. I f the allegations are specific and verif iable

and are of the type which are f it to be taken up for regular enquiry or

investigation by the Anti-Corruption Bureau if found true, a discreet

enquiry may be made to the l imited extent of f inding out whether there is

some truth in the allegations.

42. The Range Deputy Superintendents of Police should forward

promptly the discreet enquiry reports submitted by the Inspectors after

verif ication of complaints or source informations. While forwarding such

reports, the Range Deputy Superintendents of Police should send their

specific suggestions in the pro-formae at Annexure II I about the further

action to be taken.

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CHAPTER V

REGULAR ENQUIRIES

43. Regular enquiries will be taken up on the orders of the Director,

Government, on the petit ions or information received which require

detailed and open enquiries. The Director orders a regular enquiry on the

basis of a discreet enquiry report.

44. In case in which it is not possible to decide init ial ly whether the

case would culminate in prosecution in a court of law or enquiry by the

Tribunal for Discipl inary Proceedings, regular enquiries may be ordered

first.

45. As soon as the orders for conducting the regular enquiries are

received, the Inspector concerned wil l draw up a list of allegations to be

enquired into, the names of witnesses to be contacted and the documents

required to be perused or to be taken possession of. In a case of

possession of disproport ionate assets, six proformae statements (in the

form indicated at Annexure-IV), service particulars, pay and allowances

drawn by the Public servant and Annual immovable property statements

should be called for form the concerned Head of office or Head of

Department/Government depending on the status of the public servant.

46. The Head of the Department/Government have powers under

Rule 9 (8) of Andhra Pradesh Civil Services (Conduct) Rules, 1964

to require a Government servant to submit within a specified period

all the information in the prescribed six proformae. Simultaneously

all the annual property statements submitted by the Public Servants

ti l l the day of the enquiry should be obtained from the

Head of Off ice / Department or Government, as the case may be

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47. During the regular enquiry, statements of witnesses concerned

should be recorded. Preferably in their own hand-writ ing, and language

and got signed by them. If a witness is i l l i terate, the statement should be

got recorded by another person, after assert ing his reliabil ity and non-

involvement in the enquiry. Complete permanent address of the witness

should be mentioned.

48. Documents concerning the case should be requisit ioned under the

signature of the Range Deputy Superintendent of Police and taken

procession of under acknowledgement. Where records are required to be

obtained from Government, the Range Deputy Superintendent of Police

should submit a report to the Director, Anti-Corruption Bureau who would

address the Government in the matter.

49. The regular enquiry should normally be completed within 4

months. If a regular enquiry is pending for more than 4 months, the

reasons for delay should be looked into by the reviewing officers so that

the causes for the delay are el iminated and enquiry completed

expedit iously.

50. I f during the course of regular enquiry, i t is found that there is a

prima facie material for registration of a case, the Anti-Corruption Bureau

wil l take action accordingly, and submit a brief report on that effect. If the

regular enquiry contains a material not only pertaining to criminal offence

but also other al legations, these other al legations should be dealt with as

in other Regular enquiries and a report of the Regular enquiry submitted

to the Government, while the criminal case should be dealt with on merits.

51. During the course of a regular enquiry, i f the evidence collected

ti l l then indicates, prima facie, that a case could be made out under

sections 161 to 165 and 165-A of the Indian Penal Code or Section 5 of

the Prevention of Corruption Act, the investigating officer should at once

S E C R E T

22

report the matter to the Director, who will examine the material in

consultation with the Legal Adviser and order registrat ion of a case under

the appropriate sections of Law. In such a case, the regular enquiry, as

such, will be closed and converted into a criminal case. Normally, a report

for convert ing a R.E. into a R.C. should be submitted within a month of

taking up a Regular enquiry after making quick preliminary verif ication.

52. During the regular enquiry of a corruption case, the accused

officer should be given an opportunity to explain the circumstances of the

case against him before the responsible officer of the Anti-Corruption

Bureau so that the truth could be elicited and further investigation into the

allegations which are satisfactori ly explained, not pursued. To enable the

accused off icer to give his version regarding the allegation or al legations,

such records as may be required by him should be allowed to be perused

by him in the presence of the Investigating Officer. Such secret or

confidential reports which have no direct bearing on the enquiry need not

be shown to him. Whatever the accused officer says either orally or

through a written statement should be taken note of and gone into,

allegation-wise. I f necessary, further enquiries may be made regarding his

version, before the report is f inalized. This fact should clearly be

mentioned in the final report.

53. The accused off icer should be contacted personally at home or in the

off ice and should not be summoned for the purpose unless he agrees to meet to

meet an off icer of the Bureau of the Bureau anywhere in the State or at his

off ice. In the case of Gazetted Off icer, the contact should be by a Gazetted

Off icer of equivalent or preferably higher rank.

54. Every regular enquiry report should be drafted by the off icer conducting

the enquiry and attested by him. Al l enquiry reports, in a Range, should be

scrutinised and f inalized by the Range Deputy Superintendent of Pol ice who

S E C R E T

23

will submit those reports under his signature, together with the signatures

of the Inspectors associated with the enquiries.

55. In the case of regular enquiries taken up on the basis of petit ions,

the original petit ions should be enclosed to the enquiry reports submitted

by the Range Deputy Superintendents of Police to the Director, Anti-

Corruption Bureau.

56. Though the Anti-Corruption Bureau has concurrent powers with

the local Police in the matter of investigation of offences under section

161 to 165 and 165-A IPC., and Section 5 of Prevention of Corruption Act,

the Anti-Corruption Bureau takes precedence in the matter of investigation

of these cases as it is the agency specially created for the purpose.

S E C R E TCHAPTER VI

24

REGISTERED CASES

57. Where it is decided to register a case and conduct investigation

either on complaint or verif ication of a source report, or on a

Discreet/Regular enquiry report and orders are issued by the Director, an

F.I.R should be issued by the concerned Inspector of Police/Deputy

Superintendents of Police giving annual serial number of the

District/Range which should be quoted in all future references.

58. The F.I.R should contain the exact copy of the complaint and it

shall be signed by the person giving it. If however, i t is not intended to

divulge the name of the informant, only a statement of the information

received shall be recorded. I f a Discreet enquiry or a Regular enquiry is

converted into Registered case, the information originally received, as far

as possible, be reproduced in the F.I.R and an indication should also be

given therein that the authenticity and correctness of the information was

prima facie checked and verif ied by a Discreet or Regular Enquiry.

59. The F.I.R. should contain as far as possible full name along with

father’s name and other part iculars of the accused such as age, place or

residence and occupation, the t ime and date of commission of the offence,

the manner in which the offence was committed, ful l names and

part iculars of the witnesses, the motive alleged by the complainant for

the commission of the offence and in cases involving the property, the

details of the property etc. In case the name of the accused is not

known, the descript ion of the accused should be recorded.

S E C R E T

25

60. A copy of F.I.R. should be sent to the jurisdictional Special Judge

for S.P.E. & A.C.B., Cases immediately after registration, marking copies

to the concerned Deputy Superintendents of Police and Director, Anti-

Corruption Bureau in confidential covers.

61. I f accused person is a Central Government employee, an extra

copy of F.I.R. should be sent to the Head Off ice for onward transmission

to the Central Bureau of Investigation for information.

62. Every off icer making an investigation shall maintain a record of

the investigation done on each day in a case diary form. The record of

investigation shall contain details of the time at which the information

reached the Investigating Off icer, the time at which he began and closed

his investigation, the place or places visited by him and a statement of the

circumstances ascertained through his investigation. Case Diaries shall be

as brief as possible and only such incidents of the investigation shall be

included which have a bearing on the case. They should be dated. The

Investigating Officers should send their case dairies on every day to the

Joint Directors through their Deputy Superintendents of Police. Opinions

of Legal Advisers or other off icers should not be reproduced in the case

dairies. The f inal decision taken in the case after investigation should of

course be recorded.

63. Under Section 156 of the Criminal Procedure Code 1973, all

officers of and above the rank of an officer in-charge of a Police Station

(Inspector of Police) have statutory authority to investigate cognizable

offences. Under Section 157 (1) Cr.P.C. such off icers are empowered to

depute a subordinate to proceed to the spot to investigate the facts and

circumstances of the case and if necessary take all steps for locating and

arresting the offender. The powers and duties of a Police Off icer making

an investigation are laid down in sections 157 to 175 of the Criminal

Procedure Code.

S E C R E T

26

64. When it is necessary to summon any person to attend an

investigation, the investigating off icer conducting the investigation may

issue an order in writ ing to any person concerned to attend before him as

empowered under section 160 (1) Cr.P.C.

65. No inducement, threat or promise should be administered to any

person from whom enquiries are to be made and no person shall be

unnecessari ly detained. The duty of the Investigating Officer shall be to

find out the truth of the matter during the investigation. He shall not

commit himself prematurely to any view of the facts for or against any

person and shall not start the investigation with any pre-conceived notion.

No harassment should be caused to innocent persons. He should not also

be misled by an unscrupulous informer.

66. Precipitate action on reports emanating from interested parties or

which may otherwise seem palpably false or malicious, should be avoided.

67. The Investigating Officer must f irst acquaint himself as fully as

possible with the rules and regulations and the methods of working of the

Organisation with which his enquiries are connected. He should ascertain

all possible explanations l ikely to be offered in defence as well as any

defects or irregularit ies in procedures, departmental rules and regulations.

All clues should be carefully fol lowed up.

68. The Investigating Off icers should invariably consult during the

course of investigation, the technical off icers concerned and also legal

officers whenever required in the interest of investigation of the case.

There should be no delay in sending papers or exhibits for examination

and opinion of Experts.

69. There should be no delay in requisit ioning records

and documents, which are required for investigation, and they

should be taken into custody immediately. Care

must ,however, be taken to ensure that there is

no indiscriminate

27

S E C R E T

seizure of documents. The seized/requisit ioned documents and records

should be reviewed promptly and scrutinised. Whenever necessary, the

orders of the court concerned should be obtained in accordance with the

provisions of sections 451, 452 and 457 Cr.P.C. All the records and

documents seized during the course of investigation may remain in the

safe custody of the respective Investigating Officers, after production and

obtaining permission from the Court.

70. The Joint Directors should be in close touch with the

investigation cases, supervise the investigat ion, guide the Investigat ing Off icer

and ensure that the investigat ion proceeds methodically and is completed

expedit iously and is not sporadic. Statements of important witnesses should be

got recorded under sect ion 164 Cr.P.C.

71. Confessional statements by the accused officers, i f they

voluntarily come forward, should be got recorded by competent

Magistrates as quickly as possible under section 164 Cr.P.C. All

necessary precautions laid down under section 281 Cr.P.C. should be

observed.

72 . The accused off icer should be examined thoroughly on al l points and

his statements should be careful ly recorded by informing him of the charges

against him. All the points or arguments advanced by the accused should be

looked into and thoroughly checked up by the Invest igat ing Off icer.

73. Investigations in registered cases should be completed within 6 months.

74 . In a registered case, i f departmental enquiry or enquiry by the

Tribunal for Discipl inary Proceedings is suggested and the Government accept

the same, the concerned Invest igat ing Off icer should send a f inal report under

sect ion 173 Cr.P.C to the Special Judge concerned having jur isdict ion, for

orders to close the case.

75. In Registered Cases received from other Investiga-

t ing Off icers or Range Officers for part investigation, a sepa-

rate Crime Register should be maintained by the concerned

28

S E C R E T

Investigating Officer and regular case diaries should be prepared showing

the result of enquiries in such cases. The original copy of the case diary

should be sent to the main Investigating Officer and a copy marked to the

Head Office.

76. The f inal Report should be sent by the Investigating Officer to

the Deputy Superintendent of Police concerned who wil l go through the

report with reference to the records and submit to the Head Off ice, the

final report duly signed by him with Case Diary f i le and Specimen

Sanction Order, if prosecution is recommended against the Accused

Off icer.

77. The fol lowing points should be kept in mind while drafting

final report both in regular enquiry as well as in a Registered case:-

(i) The information discussed in the final report should be

adequate on all points so that there may not be any

occasion for the Head Off ice to raise any queries;

( i i) Allegations, facts of the case, evidence available, analysis of

the evidence and opinions and comments should not be mixed up in the

final reports. They should be discussed separately, chronologically and

succinctly;

( i i i ) Repetit ion should be avoided. Allegations should be l isted

out in brief and properly without omission of the main points;

( iv) The presentation of the facts of the case and material should be so conclusive and cl inching that it cannot lead to any other opinion or conclusion. (v) In any witness could not be examined and any record was

not available, i t should be mentioned clearly in the f inal report giving

reasons.

(vi) The Investigating Officer should not take more than a week

in preparing final reports.

(vii) Conduct Rules or Rules violated by the accused off icer

working in a Government Department or Undertaking should be quoted

and reproduced in the final report.

29

S E C R E T (vii i) In respect of cases of disproportionate assets, the income,

expenditure and assets should be discussed in the proper and prescribed

manner. Reasons for accepting or rejecting various items under each head

should be discussed giving reasons.

( ix) Opinion received from the Expert or relevant port ion

thereof should be incorporated in the final report.

(x) The final report should be accompanied by the Legal

Off icer’s opinion (Part-II Report).

S E C R E T

30

CHAPTER VIITRAPS

78. On receipt of a complaint of demand of i l legal gratif ication on the

part of a public servant, discreet enquiries should be made regarding the

genuineness of the complaint, antecedents of the complainant and

whether he has any motive or i l l-wil l to wreak vengeance against the

public servant complained against. Where complaints relat ing to service

matters l ike promotion, transfer, punishment etc., are received from

subordinate officers against their superiors, the scope of any malafide

motivation should be ruled out and the rel iabil i ty of the complaint should

be ensured beyond reasonable doubt. Details l ike date, t ime, place and

motive for demand and for part payment made if any and date and t ime

and place and mode of payment indicated by the public servant for

acceptance of the demanded i l legal gratif ication should necessari ly be

incorporated in the complaint. The complaint should be in the handwriting

of the complainant unless he is an il l i terate, in which case, i t should be

recorded by a scribe in a plain and simple language known to him. The

name and address of the scribe should be noted with an endorsement by

him that the contents thereof were read over to the complainant and

admitted by him to be true. The Off icer who receives the complaint should

make an endorsement on it, with his signature mentioning the date and

time of i ts receipt.

79. Immediately after verif ication without delay, a report shall be

made to the Director, Anti-Corruption Bureau by the Investigating Off icer

enclosing a copy of the complaint with a request for permission to lay a

trap.

80. After receiving permission for laying a trap, the complaint should

be registered under section 161 I.P.C. and section 5 (2) read with section

5 (1) (d) of Prevention of Corruption Act,1947 if necessary. he First Infor-

S E C R E T

31

mation Report along with the original complaint should be sent to the

Court of the Special Judge for S.P.E. and A.C.B., cases in a sealed

envelope with a covering letter, through a special messenger without any

delay making a request to the Special Judge that the sealed envelope

should not be opened ti l l the further communication regarding the trap is

received.

81. The State Government have authorised all the Inspectors

working in the Anti-Corruption Bureau to investigate into all offences

punishable under the provisions of law mentioned above vide G.O. Ms.

No. 170, General Administration (SC.D) Department, dated 20 t h March,

1968. But every case of trap is to be init iated, registered and investigated

into by a Deputy Superintendent of Police and not by an Inspector. After

the trap, the subsequent investigation can be made by an Inspector when

called upon to do so by the concerned Deputy Superintendent of Police or

higher authority. An Inspector, may however, exercise these powers

independently in the absence of the Deputy Superintendent of Police on

leave and when the nature and circumstances of the case call for urgent

action.

82 . There are various methods of laying a trap, common among them

being ( i ) marking the currency notes intended to be paid as bribe with ini t ials of

the panchayatdars ( i i) smearing them with phenolphthalein power which is a

coal tar product avai lable in the form of l ight powder and which remains

colourless in acid and neutral media but turns pink in alkal i media l ike sodium

carbonate solution and ( i i i ) smearing them with antharacene powder, which is

very l ight powder and is invisible to the naked eye except when viewed under

ultra violate rays.

83. Whenever possible tape-recorders may be used for recording

the conversation between the complainant and the public servant at

various stages. Tape recorded conversations are admissible in evidence

under section 7 of the Indian Evidence Act.

84. The denominations and serial numbers of the

currency notes comprising the bribe money produced by

S E C R E T

32

the complainant should be recorded. To demonstrate the phenolphthalein test

to the panchayatdars, sodium carbonate solution should be prepared in a glass

tumbler. One of the Anti-Corruption Bureau Officers will smear phenolphthalein

powder on the currency notes, handle them and then rinse his fingers in

sodium carbonate solution. The solution contained in the glass tumbler which is

colourless will react since the fingers contain the particles of phenolphthalein powder

and turns pink in colour. The significance of this test should be explained to the

complainant and the panchayatdars. The Anti-Corruption Bureau Officer who has

handled the amount shall hand over the treated notes to the complainant. The

complainant should be instructed to pay the amount to the alleged public servant

only on his demand and not otherwise. He should be given strict instructions to pay

the bribe money as it is without putting it in an envelope or container, directly to

the public servant demanding the bribe as the placing of such amount at

some other l ike a drawer of a table etc., wil l help the usual defence plea

that the complainant tr ied to foist a case against the public servant. He

should also be instructed not to shake hands with the public servant and

not to touch any part of his body or any objects lying in the room or place

where the bribe money is paid to the public servant. The complainant

should not carry any additional amount as it is l ikely that the tainted

currency notes may get mixed up. The complainant should be asked to

relay a mutually agreed signal after payment of bribe amount. This signal

should be specified and there should not be any confusion about i t, so

that no time is lost the moment i t is relayed, in recovering the

tainted amount from the public servant and in seizing other incriminating

evidence. The sample of sodium carbonate powder and phenolphthalein

powder used in the demonstrat ion should be taken and preserved

in separate envelopes duly sealed and attested by the panchayatdars

and the Investigating Off icer. It should be ensured that none of

S E C R E T

33

the members of the Anti-Corruption Bureau party has any traces of

phenolphthalein powder, particularly on their hands by testing their f ingers

in a fresh solution of sodium carbonate prepared separately. The persons

who handled the powder should wash their hands before they leave the

place. The glass tumbler and spoon used in the demonstration should be

left behind in the office and should not be taken with the trap party. A

preliminary panchanama incorporating the details of the demonstrat ion,

serial numbers of the currency notes i.e., bribe money or tainted money,

method of demonstration, precautions taken and the procedures followed,

should be prepared by one of the panchayatdars. If any independent

witness accompanies the complainant, this fact should also be

incorporated in the preliminary panchanama as also arrangements if any,

made for tape recording the conversation. This panchanama as well as the

samples of the powder should be immediately dispatched to the Court in a

sealed envelope. A model preliminary panchanama is at Annexure-V.

85. The complainant should go independently, along with the

accompanying witness, i f any, to the place where the trap is to be laid.

But, the timing of his actual entry into the premises should be so

arranged that he enters the place only after visually ensuring that

the members of the trap party to whom he has to relay the signal have

taken their positions in the vicinity of the place. The members of the trap

party and panchayatdars should not stay together in groups, but, get

merged in the local background, so that no suspicion is aroused

in the neighborhood. Vehicles used to transport the trap

party should never be taken to the place of trap but should be left far

behind. When possible, in places l ike hotels, residence of

the complainant etc., the panchayatdars and independent witnesses,

S E C R E T

if any, should be so positioned as to be able either to overhear the conversation

between the complainant and the public or see the transaction of paying the bribe. This

34

should, however, be done only after fully ensuring that no suspicion would arise in the

mind of the public servant.

86. When the complainant gives the pre-arranged signal indicating the demand

and acceptance of bribe, the Anti-Corruption Bureau Officers accompanied by the

panchayatdars should proceed to the place of trap without loss of time. The Anti-

Corruption Bureau Officer incharge of the trap party should introduce himself and the

panchayatdars to the public servant. Care should be taken to see that the public servant

does not wash or clean his hands on seeing the trap party. None of the members of the

trap party should touch the hands of the public servant. Thereafter, sodium carbonate

solution should be prepared in a glass tumbler obtained from the premises. The public

servant should be asked to dip his fingers in the colourless sodium carbonate solution

and if there is a change in the colour of the solut ion, i t should be pointed out to

the panchayatdars and part icular note should be made of the change of

colour to l ight pink., pink or deep pink. After taking the phenolphthalein-

sodium carbonate solut ion test, the public servant should be questioned

regarding the bribe money obtained by him from the complainant and what

he has done with the tainted money. The conduct of the accused when he

is questioned by the Investigating Officer, i .e., his reaction l ike trembling,

locating, getting confused, keeping mum for some time etc., is admissible

under section 8 of the Indian Evidence Act. Further the statement of the

accused leading to the discovery of the tainted money is admissible not

only as conduct under section 8 but also under section 27 of Indian

Evidence Act. Hence, these facts should be recorded in the panchanama.

In the event of non-production of the amount voluntari ly by the

public servant, a search of his person and premises should

be conducted with the aid of such information as may be furnished by the

S E C R E T

complainant or accompanying witness, i f any. The amount recovered

should be counted and the serial numbers of the currency notes should be

35

compared by the panchayatdars with the serial numbers of the currency

note recorded in the preliminary panchanama. If the public servant has

kept the amount in his shirt or pant pocket as the case may be, this i tem

of the apparel should be subjected to the test in sodium carbonate

solution, prepared in a separate glass tumbler obtained from the premises

and the change in colour, i f any, should be noted. I f the accused officer

had not kept the tainted money on his person but had secreted it in either

a money purse or diary or envelope, such container should also be

subjected to the test in sodium carbonate solution, prepared in a separate

glass tumbler obtained from the premises. The tainted money, shirt/pant

or container should be seized.

87. The public servant should necessarily be given an opportunity to give his

version, which should be recorded in the panchanama. It should be got attested by the

panchayatdars. Facts indicated in the statement of the public servant should

immediately be verified. Failure to question the public servant and give him an

opportunity to present his version, immediately after recovery of the tainted money, will

enable the defence to fabricate theory of a righteous act, which if it were to have been

ascertained by the investigating officer at the earliest opportunity could have been

subjected to proof of its veracity.

88. All incriminating documentary evidence, including the diary, if any,

of the public servant, having a bearing on the case in question or revealing

reasonable suspicion on the conduct and integrity of the public servant should be

seized after conducting a careful search of his person, of the table and

almirah in his use and custody, and also his office. All other relevant papers

and files connected with the case in question which are being dealt

with by others in the office should also be requisit ioned and

taken over immediately. In cases relat ing to Commercial Tax

Department, the original registers etc., should not be seized as far

S E C R E T

as possible, except in instances where they have a direct bearing on the

trap incident, l ike cash receipt book etc., where it is proposed not to seize

36

the original registers so as not to hamper work relat ing to other

assessees, the relevant entries should be copied and got attested by the

panchayatdars and attested copies of the same should be obtained from

the superior officer of the public servant who should also be requested to

keep such registers in safe custody, for production in court, when

necessary. All the documents seized should be got init ialled by the

panchayatdars and the Investigating Officer. A sample of sodium

carbonate powder used for the test should be taken and preserved in an

envelope duly sealed and attested by the panchayatdars, and the

Investigating Officer.

89 . A detailed panchanama should be prepared by one of the

panchayatdars incorporating al the information enumerated above and all

the seizures made. The colour of the tables or walls and curtains etc., at

the place of trap may be recorded in the panchanama to rule out the

probable plea of the public servant that the colour of such objects,

approximating to pink colour, made the colour of the test solution look

pink. If necessary, the panchayatdars can check up the colour of the test

solution against clear natural background by taking the glass tumbler into

an open area along with the public servant and incorporate the same in

the panchanama. The panchanama together with the tainted money, i tems

of apparel (ful ly described with dhobi marks, i f any) documents and

articles seized and sample of sodium carbonate powder should be sent to

the court promptly (A model of the detailed panchanama is at Annexure

VI.)

90. Immediately after the trap, the house of the public servant should invariably

be searched. The same panchayatdars that took part in the trap can be taken

as witnesses for the search. In addit ion, one or two persons of the

locality can also be taken as witnesses to the search. Documents

relating to the acquisit ion of assets by the public servant,

S E C R E T

unaccounted money, currency notes paid towards part-payment by the

complainant, jewellery and other valuables, the statements of the

37

accounts including house-hold expenditure, letters of correspondence

relating to investments or official matters should be seized. Any official

f i les or documents which reveal the corrupt activit ies of the public servant

and found in the house should also be seized. An inventory of the art icles

of the house, such as costly furniture, electrical f i tt ings, costly items of

house-hold use, l ike refrigerators, Televisions, Tape-recorders etc.,

should be drawn up room-wise.

91. The search should be thorough and exhaustive and it should be

done continuously without a break, Keys of bank lockers, i f found during

the search should be taken possession of and after the house search, the

public servant should be taken to the bank and the lockers also subjected

to a thorough search. Any incriminating documents or valuable art icles

found in the locker should also be seized. A l ist should be prepared of the

articles seized and of art icles for which a mere inventory is taken and both

should be attested by the Investigating Officer and panchayatdars. Seized

documents should al l be init ial led by the panchayatdars and the

Investigating Officer. Valuable articles of gold and silver should be got

weighed with the assistance of a goldsmith and particulars recorded in

detail in the search list. A copy of the search l ist should be given to the

public servant or any one of the adult members of the house under

acknowledgment. Documents and valuable seized together with the search

list should be sent to the Court immediately.

92. A sketch showing the position of the public servant trapped,

complainant, and members of the trap party at the time of the trap and

distances at which the various persons concerned were standing

should be drawn up, with the assistance of a Draughtsman, i f

necessary, after the trap and a copy of the same sent to the

Anti-Corruption Bureau Head Off ice along with the f inal report. The

S E C R E T

original sketch will accompany the trap records to the Special Court.

Among the documents seized, such of those which are required for the

38

purpose of investigation can be retained by the Investigating Officer with

the permission of the Court.

93. Immediately after the trap, a Radio message should be sent to

the Director, Anti-Corruption Bureau and the immediate superior off icer of

the trapped off icer/Collector marking copies to the Head of the

Department, indicating the events of the trap in brief.

94. All concerned witnesses, particularly those found at the t ime of

trap and those who work in the place of trap should be examined, whether

they support the trap or not. Statements of the complainant,

accompanying witnesses and any other persons present, who are deemed

to be important witnesses in the trap case, should be got recorded under

Section 164 Cr.P.C. promptly.

95. Traps against the Doctors must be laid only in the Government

hospitals as far as possible and not at their residences.

96. Investigation of trap case must be completed within a month and

report sent enclosing Case Dairy File, Specimen Sanction Order etc.,

97. During the investigation of a trap case, evidence of similar

demand and acceptance of bribes by the public servant in earlier

instances may also come to l ight. These items should be investigated

supplementari ly, though on the same F.I.R. The charge-sheet in those

supplementary instances need not be combined with the trap case since

punishment in respect of the offence in the trap case is l ikely to be

migrated on account of alleged other instances of bribe giving and taking.

Moreover, the other instances are l ikely to take a long time for

investigation and investigation in the trap case should not be delayed on

that account.

S E C R E T

39

98. During the course of investigation, i f any information regarding

acquisit ion of disproportionate assets by the public servant comes to l ight,

a separate case under section 5 (1) (e) of the Prevention of Corruption

Act, 1947 should be registered and investigated.

99. Copies of documents on which prosecution is based should be

kept ready immediately after the final report is submitted. On receipt of

sanction for prosecution, the charge-sheet should be prepared in

consultation with the Legal Adviser and fi led together with copies of all

the documents within a fortnight in the court of Special Judge for S.P.E. &

A.C.B. Cases.

100. On receipt of summons from the court of the Special Judge for

S.P.E. & A.C.B. Cases, the Inspectors incharge of the cases should

ensure that the summons are served promptly and the served summons

are returned to the Special Court suff iciently early, so that the court could

know which witness would be attending and which of them would not, to

enable the court to arrange the trial and complete it expedit iously.

101. In al l cases in which specific orders have been passed by the

court ordering refund of trap money to the complainants after the appeal

t ime is over, the I.Os. will take steps for refund of the trap amounts to the

complainants from the Court.

102.In the event of fai lure of the trap, it is open to the Investi-gating

Off icer to proceed against the public servant on the basis of the FI.R.

already issued, i f there is reason to believe that there is a demand of

bribe which itself is an offence punishable under Section 161 IPC. On

completion of investigation on the basis of evidence available, he should

submit the final report of enquiry proposing either prosecution or enquiry

by the Tribunal for Discipl inary Proceedings/Departmental Action as may

be warranted by the facts and circumstances of the case.

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40

103 . Under Section 165-A of the Indian Penal Code, Criminal action

may be taken against persons who tempt honest public servants with

offers of i l legal gratif ication. An abetment of an offence punishable by the

specific provisions under that section is cognizable and bailable vide

section 3 of the Prevention of Corruption Act 1947.

104. No distinct ion can be made between a public servant and an

ordinary cit izen. The provisions of section 165-A IPC are made applicable

to whoever abets an offence punishable under section 161 or Section 165

IPC, whether or not that offence is committed in consequence of the

abetment. The misuse of provisions of section 161 and 165 at the instance

of disgruntled elements to foist or concoct false or vexatious cases of

corruption against innocent public servant, should be carefully watched. In

such cases, the public servant who is sought to be falsely involved in a

case of corruption and for that purpose, he is either tempted with an offer

of i l legal gratif ication or is actually offered bribe may prefer a complaint to

an off icer of the Anti-Corruption Bureau. On receipt of the complaint, a

case should be registered by issuing F.I.R. under section 165-A IPC. In

instances of this type, there is no need to obtain prior permission for

registration of a case. In instances where information is given sufficiently

in advance and the accused has to be trapped when in the act of offering

il legal gratif ication, the presence of two panchayatdars, as in the case of

other traps, should be secured and a preliminary panchanama should be

written, clearly brining out the arrangement made to trap the person

offering the bribe. Wherever possible, arrangements should also be made

to tape-record the conversation immediately preceding the trap. In

instances where it is not possible to lay a trap, ether because the

il legal gratif ication has already been forced on the complainant

or because the complainant has forewarned the bribe-

giver, investigation should proceed with,

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41

after registration of the case, on the basis of the available evidence.

Investigation of al l the cases of this type should be completed within a

fortnight.

105. In cases where a person other than a public servant f igures as

an accused for an offence under section 165-A IPC there is no need to

obtain sanction from the Government for prosecuting him as no such legal

requirement is contemplated. But, in cases where a public servant f igures

as an accused, who is not removable from his office save by or with the

sanction of the State Government, the sanction of the State Government

has to be obtained before f i l ing of a charge-sheet.

106. A charge-sheet under section 165-A IPC should be fi led in the

court of the Special Judge for SPE and ACB cases after receipt of orders

from the Government in respect of public servants and from the Director in

respect of others.

107. The Prevention of Corruption Act, 1947 provides for certain

immunity to the bribe-giver under certain circumstances. Under section 8

of the said Act, the bribe-giver who makes a statement in any proceedings

against a public servant for an offence under section 161 or section 165

IPC or under sections 5 (2) or (3-A) of the Prevention of Corruption Act,

1947 is protected from being subjected to prosecution under section 165-

A of the IPC.

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42

CHAPTER VIII

DISPROPORTAIONATE ASSETS 108. The Santhanam Committee on ‘Prevention of Corruption’

recommended that possession of disproport ionate assets by a public

servant should be made a substantive offence, and suggested an

amendment. On this, the Anti-Corruption Laws (Amendment) Act 1964 was

passed which deleted section 5 (3) of the Prevention of Corruption Act

1947 and instead, added a new sub-section (e) to section 5 (1) of the Act.

This came into force from 18 t h December, 1964.

109. It has generally been found that dishonest public servants

acquire and hold assets either in their names or in the names of their

dependents or fr iends by uti l izing their i l l -gotten earnings through corrupt

practices.

110. Section 5 (1) (e) of the Prevention of Corruption Act reads as fol lows:- “A public servant is said to commit the offence of criminal misconduct”

“ if he or any person on his behalf is in possession or at any time during the period of his office, been in possession, for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income.”

111. It is thus seen from this penal provision that the

object of insertion of this section making the possession of assets

by a public servant, i tself a substantive offence is to punish those

public servants, who habitually resort to acquisit ion of assets by

commission of offences of Criminal misconduct by virtue of their off icial

position and by misuse or abuse of their powers but st i l l manage

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43

to escape. It is common knowledge that as a result of the cumulative

effect of the bribes taken over a period of t ime, the evidence of such i l l icit

earnings wil l be discernible only through the assets in the possession of a

public servant or ref lected in the ostentatious and lavish style of his l iving.

To establish an offence under this section, all that is necessary is to

prove that a public servant or any person on his behalf is in possession of

assets which he is not able to reasonably account for.

112. Clause (d) of Sub-Section (1) of Section 5-A of the Prevention of

Corruption Act, 1947 empowers a Dy.Supdt. of Police to investigate into

any offence punishable under section 5 of the said Act. Similarly, by virtue

of the authorisation issued by the Government in G.O.Ms.No.170,

Genl.Admn.(SC.D) Dept., dated 20-3-1968, under the first proviso to sub-

section (1) of section 5-A of the said Act, the Inspectors of Police of the

Anti-Corruption Bureau are competent to investigate offences under

Section 5 of the Act. However, according to the second proviso to Sub-

section 1 of Section 5-A of the Act, a case of disproport ionate assets,

being an offence under Clause (e) of sub-section (1) of Section 5 of the

said Act, can be investigated only on a special authorisation either by the

Director or Additional Director or the Joint Director of Anti-Corruption

Bureau i.e., an Off icer not below the rank of a Superintendent of Police.

113. I t has been prescribed as a general rule in the Andhra Pradesh

Civi l Services (Conduct) Rules governing the conduct activit ies of public

servants that they should maintain absolute integrity. The possession of

disproport ionate assets or lavish style of l iving beyond his means by a

public servant, wil l , therefore, lead to the irresistable conclusion that he

has not been maintaining absolute integrity and has been l ining his

pockets by corrupt practices. Cognizance can also be taken of this matter

under the said rules.

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44

114 . The enquiry | Investigation of a case of disproportionate

assets aims at ascertaining the total income from all known sources, total

expenditure, al l assets (movable and immovable) acquired by the public

servant, and either in his possession or in that of his dependants,

relatives and friends through benami transactions during a specif ic period

of t ime. I f the assets are found to be clearly disproportionate to the l ikely

savings arrived at by deducting the total expenditure from the total income

during the specific period (called check period), the public servant can be

said to be in possession of disproportionate assets, and is punishable

under section 5 (2) of the Prevention of Corruption Act, 1947.

115 . Disproportionate assets have to be computed by specif ic

evidence to the extent possible and by analysis, deductions and

assessments where specific evidence is not available and as such, should

be more than reasonably disproport ionate before a case can be taken to

court. The question whether the assets are so disproportionate as to

attract the provisions of the Prevention of Corruption Act, 1947 or warrant

disciplinary action under Conduct Rules, has to be examined in each

case, by reference to the duration of the check period, the extent of

disproport ionate assets and its relation to the total income during the

check period. This is so because, whereas the degree of disproportion of

say Rs.25,000/- against a total income of Rs.1,00,000/- during a check

period of 6 to 7 years wil l be str ikingly act ionable, the same degree of

disproport ion i f related to a longer check period of 20 to 25 years against a total

income of Rs.2,00,000/- may not readi ly lead to a conclusion, warrant ing any

act ion. Each case has therefore to be considered on its own meri ts and the

circumstances governing the case.

116. A case of disproportionate assets may come up for

investigation/enquiry by the Ant i-Corrupt ion Bureau in one of the fol lowing

ways:----

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45

(a) Specific information available to the Anti-Corruption Bureau

about possession of assets by an accused officer who may not be subject

matter of an enquiry being conducted by the Anti-Corruption Bureau.

(b) Pursuant to a regular enquiry, either specif ically for

possession of disproport ionate assets or into al legations of misconduct, i t

is reasonably established that the Accused Officer is in possession of

disproport ionate assets, the proper thing to do is to register a case and

fol low it up to its logical conclusion.

( c ) Trap cases fol lowed by investigation into the assets of the

Accused Officer:---

Normally, an officer caught red-handed while demanding and

accepting a bribe, may be deemed to be a habitual bribe taker and

possibly in possession of assets disproport ionate to his known sources of

income which should be looked for.

117. Immediately after registration of a case under section 5 (I) (e)

read with Section 5 (2) of Prevention of Corruption Act, the Investigating

Off icer should, without loss of t ime, search the house of the accused

officer as well as those of his relatives and friends simultaneously i f he is

suspected to have secreted incriminating records, movable assets l ike

jewellery, cash etc., in the latter place, after duly observing house search

formalit ies. Searches should be commenced in the early hours of the day

and completed without any break.

118 . All Annual Immovable Property Statements submitted

by the Accused Off icer t i l l the date of the enquiry| registration

of case, should be obtained by the Investigating Officer

from the concerned Head of Office/Dept. The Investigating Officer

should also call for al l particulars of movable and immovable propert ies

of the accused off icer from the Head of the Department in six proformae

statements requesting to get them f i l led up by the Accused Officer

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46

under Rule 9 (8) of A.P. Civi l Services (Conduct) Rules, and return them

to him (Investigating Officer).

119 . Analogous provisions exist in the All India Services (Conduct)

Rules, 1968.

120. Apart from the assets mentioned in those statements, if any

other assets are possessed by the Accused Officer, evidence has to be

collected to establish their possession.

121. The Investigating Off icer should also collect immediately al l

relevant records, letters of authorization, int imation etc., relat ing to

purchase or sale of or gif ts to the accused off icer, of movable and

immovable propert ies.

122. Under Section 165 Cr.P.C., the Officer incharge of a Police

Station has the power of making a search in any place for the seizure of

anything believed to be necessary for the purpose of investigation. The

Government have, vide G.O.Ms.No.341, Home (Pol.D) Department, dated

23 r d May, 1984 notif ied the off ices of the Director, Additional Director,

Joint Directors, Deputy Directors, Deputy Superintendents of Police of the

City and other Ranges and Distr ict and Range Inspectors of Police of the

Ant i-Corrupt ion Bureau as Pol ice Stat ions with local jur isdict ion in their

respect ive areas (Annexure-II).

123. I f prima facie there is evidence that the accused officer is in

possession of disproport ionate assets and if there is suspicion that the

accused off icer may dispose of some of the propert ies, the Investigat ing Officer

should address the Director, Anti-Corruption Bureau to request the

Government for attachment of disproport ionate assets either during the

investigation or after complet ion of invest igation and submission of f inal

reports. On receipt of such a request the Government would authorize the

Government pleader to make an application to the concerned District Judge for an inter im attachment of the disproport ionate assets of the

S E C R E T

47

accused officer under section 3 of the Criminal law Amendment

Ordinance, 1944. Section 3 of the Criminal Law Amendment Ordinate lays

down that the Government may authorize the making of an application to

the District Judge within the local l imits of whose jurisdiction, the accused

person ordinari ly resides or carries on business, for the attachment of his

properties. The Government Pleader wil l f i le the petit ion for attachment.

The provisions of Order XXVII of the First Schedule to the Code of Civil

Procedure, 1908, apply to proceedings for an order of attachment. An

order of such attachment of property passed by the District Judge is valid

for three months. It, however, gets automatically extended if, in the

meantime, the charge-sheet is f i led and the court of the Special Judge for

ACB Cases has taken cognizance of the offence under section 5 (2) read

with Section 5 (1) (e) of Prevention of Corruption Act, 1947, and remains

valid ti l l the termination of the criminal proceedings. Where a charge-

sheet is not f i led within the init ial period of three months, the Investigating

Off icer should request the concerned Government Pleader to f i le an

application in time before the District judge and obtain an extension from

the Court vide Section 10 of the said ordinance. Evaluation and disposal

of the attached properties upon termination of criminal proceedings is

governed by Sections 12 and 13 of the said Ordinance.

124 . Investigat ion of cases relating to disproport ionate assets should be

completed and reports submitted within six months.

125. Sanction of Prosecution:----- When, as a result of

investigation, it is established that the Accused Off icer is in possession

of assets disproportionate to all known sources of his income, and not

able to satisfactori ly account for the sources of these assets, it

constitutes an offence under section 5 (1) (e) of the Prevention of

Corruption Act,1947 punishable under section 5 (2) thereof.The authority

competent to remove the accused officer from service is competent to

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48

accord sanction under Section 6 (1) of the Prevention of Corruption Act,

1947 for the prosecution of the accused officer for the said offence.

Accordingly, sanction for prosecution should be obtained before fi l ing a

charge-sheet since no Court can take cognizance of the case without

proper sanction.

CHARGE-SHEET 126 . On receipt of sanct ion for prosecut ion, a charge-sheet under Section

5 (2) read with Sect ion 5 (1) (e) of the Prevent ion of Corrupt ion Act should be

submitted expedit iously in the court of the Special Judge for ACB Cases in

consultat ion with the Legal Adviser, enclosing copies of al l re levant documents

on which the prosecut ion rel ies. The date of f i l ing of charge-shee

COMPUTATION OF DISPROPORTION- IMPORTANTINGREDIENTS :

127 . The term ‘ disproportionate assets’ came into vogue after the

Prevention of Corruption Act was enacted. To verify i f a Public Servant

is in possession of ‘Disproportionate Assets, three items have to be

computed. They are: (a) Income, (b) Expenditure and (c) Assets. On

the basis of evidence collected, the period during which the accused

officer had indulged in corrupt practices and amassed huge assets is

roughly determined and this period is taken as the Check Period and the

three components namely, Income, Expenditure and Assets acquired

during the check period are computed. I f the ‘total expenditure’ during the

‘check period’ is deducted from the “Total Income’ during the same period,

the result would be the ‘ l ikely savings’. If the ‘Total expenditure’ exceeds

‘Total Income’ during the ‘period of check’, the excess would reveal the

extent of ‘over spending’. In the case of an honest officer, the value of

‘Assets’ at the end of the ‘period of check’ may be less than or at the most,

equal to the ‘ l ikely savings’. In any other case, where the ‘assets’

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49

exceed the ‘ l ikely savings, or there is over spending’ the officer concerned

wil l be considered to posses assets disproportionate to his known sources

of income or simply ‘disproportionate assets’.

128 . The investigation|enquiry should be on clear cut l ines on the

basis of the four main aspects referred to above. A rough balance sheet

regarding total income and total expenditure on the one side and assets

on the other should be drawn up at the earl iest possible stage and

updated to correspond to the progress in enquiry/investigation from time

to time. The salient features and important points which the investigating

officer should keep in mind and fol low up with meticulous care are as

under:-

CHECK PERIOD (a) ( i) while the investigating Police Officers are free to fix the

check period, they may, as far as possible, f ix the check period from the

date of entry into service ti l l the date of ordering an enquiry. However, i t

may not be necessary in every case to fix the period of check from the

commencement of service of the public servant up to the time when a

case is registered or in certain cases up to the date of search where a

search has been conducted. In some cases, it may be useful to

commence the check period from a date immediately preceding the

acquisit ion of substantial assets. The investigating officer soon after

taking up the investigation, must decide upon the period which he wants

to adopt as the ‘check period’ for the purpose of investigation. There

should be a reasonable basis for selecting a shorter check period. I t is

ideal to have the starting date of the check period as the date on which

the accused public servant got a particular posting wherein the amassed

wealth by corruption or the date of his promotion.

( i i) Savings effected before the period of check should also be

taken into consideration by the prosecution in assessing disproportion.

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50

(b) In every case of disproportionate assets, the residence of the

public servant, his office room, and the residences of his relations where

the public servant is suspected to have secreted his properties benami,

etc., should invariably be searched on warrants obtained from the Special

Court or where such information becomes available during investigation,

under Section 165 Criminal Penal Code. The salient features of such

searches are as under:---

( i) Assets should be seized only i f they are patently high for the public servant to hold. Otherwise it should only be mentioned in the inventory to be prepared at the time of search.

(ii) A proper Inventory should be prepared of the assets found during the searches. Valuation should also be as at the t ime of acquisit ion and not the value at the t ime of investigation. Jewellery should be got valued by summoning an approved valuer.

(I i i)All relevant documents should be seized. Sale deeds, purchase bil ls, Bank Pass Books, Cheque Books etc., in the names of others should also be seized as these would later help the I.O. to prove that they were benami purchases and really belonged to the public servant concerned.

(iv) A conscious effort should be made during the searches to

find out the bank lockers maintained by the public servant.

This can be found out by tactful interrogation of the public

servant and the members of his family, by locating locket

fee receipts or locker keys which have a singular

appearance. If any locker is located, the key should be

seized and the locker sealed. It should be searched at the

earl iest by obtaining a warrant from the Special Court.

TOTAL INCOME AND OTHER INCOME

129. In the case of a public servant, the income

includes (a) pay, al lowances and honouraria; (b) income from

immovable property; (c) income from movable assets; (d) income by

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51

bequeaths and gifts (e) income from other miscellaneous sources (f)

Loans and advances (g) T.A. and D.A. (h) income from agricultural

property (i) profits on disposal of assets etc.

(a) Pay and allowances: (i) So far as pay and allowances are

concerned, there should be no dif f iculty in computing the same from

official records. It is, however, essential that the results of this

compilat ion should be int imated to the accused off icer. If he points out

any discrepancy, it should be immediately resolved by rechecking with the

official records including those of the Accountant-General so that the

figures so worked out become almost incontrovertible. The salary income

should normally be taken on net basis after deduction of income-tax,

provident fund etc. which has the corresponding effect of excluding these

items from the expenses side.

( i i) As regards honouraria, while most of it should be available

from personal records of the off icer, there may be certain items l ike

earnings from writ ings in newspapers or journals or delivering of lectures

etc., for which complete details may not be available in the official records

or even in the records maintained in the off ice of the Accountant-General. In

such cases, the accused off icer should be specif ical ly asked to give part iculars

of al l such amounts that he had received towards royalt ies etc. , and the detai ls

given by him should be cross-checked from off icial records/ relevant sources.

(b) T.A. & Daily Al lowance:T.A. and D.A. are meant to reimburse the

publ ic servant in respect of out-of-pocket expenses and should not ordinari ly be

a source of income. There can however be except ions where the T.A./D.A.

Rules are very l iberal and the public servant has to undertake considerable

amount of touring in circumstances where a certain percentage of the

al lowances can reasonably be expected to be saved. Any claim of such savings

of T.A./D.A. by the Public servant should, therefore, be considered

carefully by the Investigating Officer.

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52

( c ) Income from Immovable property; ( i) This can be derived in three

dif ferent ways viz. , (1) Sale proceeds of property: (2) compensation arising in

cases of acquisit ion of property by Govt. etc. and (3) income by way of rent or

yield from agricultural property etc.

( i i) Such income can be precisely determined from relevant records,

such as personal books of accounts, records of purchaser such as sale deeds,

documents pertaining to compensat ion for acquisit ion of property and in the

cases of rental income by rent receipts and by examination of the tenants

concerned. Further verif icat ion can also be made by reference to the Income-

tax Returns and by the examinat ion of Bank Accounts of the Public Servant and

Municipal records. The explanations may sometimes be useful ly ut i l ized.

(d) Income from movable assets; Such income may be derived in a

number of ways, important among them being:----

( i) Dividends on shares;

( i i) Interest on securit ies or debentures;

(i i i) Interest on deposits;

(iv) Profits or sale proceeds arising out of sale of shares, securit ies, debentures or other movable assets.

Income from the shares, securit ies, deposits etc., can be obtained from

the companies or the firms concerned. Regarding profits on sale of

movable articles, the information can be obtained by examining the

relevant records or by examining persons having knowledge of such

transactions. These can be further verif ied from the Income-Tax returns

and bank accounts and also by examining the competent authority under

the Conduct Rules.

(e) Gifts:--- ( i) The Investigating Officer has to verify the f inancial

status of the alleged donors and whether they were in position to make

such gifts to the accused off icer as al leged. I f gifts are made on stamp

paper, the scrutiny of the relevant stamp papers and dates on which

they were purchased, is sometimes likely to serve very useful purpose.

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53

For example, if the stamp paper had been printed or was sold on a date

after the said transaction had allegedly taken place, it would establish that

the document was prepared subsequently with a view to shielding the

accused off icer.

( i i) The Income tax assessment records of the alleged donors, in

case of gif ts of big amounts may sometimes confirm or disprove the

alleged transactions. If the gif ts of amounts bigger than the values

exempted under the Gift Tax Act, 1958 are made, a reference to the Gift

Tax records of the donors may prove whether the transactions are genuine

or not. In the latter case, they wil l expose that they were merely a devise

to shield the accused officer.

(f) Income from Agricultural Property:--- The Accused Off icers who

own agricultural properties generally inflate the income from such

property. This requires a very detailed investigation with reference to the

size of the holdings of agricultural property, nature of land, types of crops

raised, relevant revenue records including crop-cutting records,

commodity price indices etc., assessment of the yield and of inputs such

as the expenditure on irr igation, purchase of seeds and fert i l izers, wages

of labour etc., for arriving at the net income from agricultural property.

Where agricultural income-tax is payable, i t should be ascertained

whether the public servant has been assessed for agricultural income-tax.

Adangals, Pahanies and Vil lage accounts should be scrutinized and

vil lage off icers and the neighbouring cultivators examined. Investigation

should be methodical and sustained in these cases and all relevant

information and records should be obtained very quickly so that there is

no opportunity for the accused officers to manipulate the records.

(g) Loans and Advance :---- There wi l l be no dispute i f the loans and

advances are taken from the Government. Dif f icult ies ar ise only in

cases where the accused off icer claims to have taken loans from

near relat ives or fr iends. I t the accused officer claims receipt of

a number of temporary loans from numerous relat ions, fr iends etc., it is

S E C R E T

54

necessary for the Investigating Officer to make enquiries about the

financial position of the creditors and the source from which the amounts

were withdrawn for advancing loans, etc. The financial capacity of the

persons to make such loans, income-tax records, scrutiny of bank

accounts require thorough probe. Where a person claims to have made a

substantial advance to the public servant, it should be ascertained

whether there is any corresponding withdrawal from his bank account. If

loans are part ly repaid by the public servant during the check period, the

amount of re-payment should be added to the expenditure.

(h) Income from miscellaneous sources: This is a very important head

under which the accused off icer may claim, among others, receipt of money cut

of ancestral property, Joint property l ike agricultural lands, etc., or from his

father and dowry or other sizeable receipts from in-laws. These claims give r ise

to controversy in most cases and therefore, assume importance from the

investigation angle. The legal posit ion, no doubt, is that such matters are

within the personal knowledge of the accused and the onus l ies on him to prove

that the moneys had been received and the transactions were genuine.

Experience has shown that in most cases where bogus claims are made on this

account, a l i t t le care and vigi lance on the part of the invest igat ing off icer is

enough to dispel and falsify the story put forth by the accused off icer. Such

transactions, therefore, have to be considered with due circumspect ion and

have to be accepted only after thorough check and careful investigation.

130. Income from all sources should be total led up to f ind out the total

income during the period of check.

ITEMS OF EXPENDITURE :-

131 . This head incorporates al l the normal expenses on maintenance

and other outgoings. Some of the common i tems of expenses and methods of

their veri f ication are discussed in the fol lowing paras:---

(a) Information regarding correct and up-to-date

income tax payments can be obtained from the pay bi l ls of

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55

the accused off icer. In case such an officer has been f i l ing his income-

tax returns also on account of his having some other sources of income or

for claiming motor car or scooter rebate etc., the information of income-

tax payments may be obtained from his income-tax assessment records.

(b) Provident Fund Contributions: The information regarding

contributions to the provident fund can be obtained from the appropriate

disbursing authorit ies or the Accountant General. Normally these

contributions are deducted before the salary is paid.

( c ) Insurance Premia ( i) I f premia for certain types of insurance

pol icies e.g., Postal Life Insurance etc., are deducted from pay bi l ls, the

information can be obtained from the disbursing authori t ies. In other cases, the

information regarding insurance premia can be col lected from the Insurance

companies concerned after obtaining the ful l part iculars of insurance pol icies,

etc. from the accused off icer.

( i i) Both for Provident Fund contr ibut ions and Insurance premia, the

best way to get the information in case of persons who regularly f i le their

income-tax returns is to examine their Income-tax assessment records. So

long as the total payment quali f ies for exemption under the Income-tax Law, an

off icer would claim rebate of income-tax on the ent ire amount. Whi le doing so,

sometimes the Insurance policy numbers, dates of policies and the periodical

premia are also mentioned clearly in the income-tax assessment records. Al l

th is information can be useful ly uti l ized not only for gett ing information about

the total payments made under these heads, but also for discovering some bank

accounts of the delinquent off icer by ascertaining from the insurance companies

concerned whether the payments were made by cheques or by cash and if by

cheques, by taking detai ls thereof including the names of banks.

(d) House rents: The information regarding house rent, in case the

accused off icer has been in occupation of Govt. accommodation, can be ascer-

tained from the disbursing authorit ies because in such cases the house rent is

S E C R E T

56

normally deducted at source from the salary before the payment is made.

Where, however, the rent is paid to private owners of buildings, enquiries

have to be conducted with the land-lords. It is necessary to examine the

agreement deed (for tenancy) and also the rent receipts. In case the

payments are stated to have been made by cheques, the bank accounts wi l l

also help the invest igating off icer considerably. Some t imes enquir ies with co-

tenants may yield useful results.

(e) Electr ici ty and water charges: The information in respect of

electr ici ty and water charges can be obtained from the authori t ies which supply

these services, e.g, the Electr ici ty Department, Water Works and Municipal

authorit ies.

(f) Expenditure on educat ion of Children: The invest igating off icer has

to make intel l igent enquir ies to locate the inst itut ions to which the children of

the accused off icer go for educat ion. From these insti tut ions enquiries can be

made regarding the school fees or other charges paid. I f an accused off icer is

ent it led to reimbursement, whether wholly or part ly, of expenses on educat ion

of chi ldren according to the condit ions of his service, the information regarding

the actual expenditure incurred could be obtained from the off icial records.

While ascertaining the expenditure on education i t is equally necessary to

obtain the information regarding expenditure on books, stat ionery, pr ivate

coaching, uniform wherever prescribed etc., The boarding and lodging expenses

at the hostels must also be taken into considerat ion for arr iving at a reasonable

est imates of expenditure on educat ion.

(g) Maintenance of motor car or other conveyance:

Where an accused off icer owns a motor car or other modes of

conveyance, the expenditure on maintenance of such conveyance has to

be estimated keeping in view the make, horse power, the year of

manufacture of the vehicle, etc. If he possesses more than one

conveyance, the information regarding all of them must be obtained. The

expenditure on petrol, servicing, etc., can be obtained from the service

S E C R E T

57

stations where the accused officer ordinari ly goes for such services. The

information regarding road tax, repairs, insurance, etc. can be obtained

from the authorit ies (or persons) to whom payments were made. In this

regard, claims of rebates by the A.Os. for expenditure on own conveyance

for purposes of Income-tax calculat ions may also have to be verif ied with

the version of the Accused Officer.

(h) Expenses on marriages, etc: ( i) Expenditure on marriages of

the dependants or on other rel igious or social ceremonies can be

approximately calculated from the attendant circumstances like the off icial

and social status of the accused officer, his family background, his

personal habits, the status of the other party concerned (in the case of

marriage), the t ime and place where the function took place. etc.

( i i) In case an accused off icer gives some dowry in the form of f ixed or

other deposits, shares, securit ies, etc., in the marr iage of his daughter, the

income-tax assessment records of his daughter or the son-in- law are l ikely to

throw some useful l ight on the expenditure. Again if the son-in- law happens to

be in Govt. Service and he declares receipt of such amounts under the Conduct

Rules applicable to him, the information available in his declaration may be

useful ly ut i l ized.

( i) Pleasure tr ips, etc:---- The expenditure on pleasure tr ips and

pi lgr images etc., is l ikely to form a sizeable port ion if a person has been

regularly undertaking such tr ips for long durations. So far as the expenditure

on actual fare is concerned, i t can be est imated at the prevai l ing rates after

ascertaining the mode and class of transport actual ly made use of. The

durat ion of the tr ip and the places visited would also help to form a reasonable

est imate of the expenditure. In case of journeys abroad, the entries in his

passport would indicate the places actually visited by him.

( j) Club and entertainment expenses: It is necessary

to obtain information regarding clubs or other inst itut ions

S E C R E T

58

of which an accused officer is a member. Information regarding

membership fees paid and also other expenses incurred may not be

dif f icult to ascertain.

(k) Medical and Travell ing Expenses: Where the Medical

expenses are reimbursable, the amount of actual expenditure is l ikely to

be more or less equal to the amount of reimbursement. Out of travelling

expenses, small fractions of savings may be expected, but so far as

reimbursement of medical expenses is concerned, the pre-condition for

such reimbursement is that the entire amount of expenditure shown must

have been actually incurred. Therefore, there is absolutely no question of

any saving out of these reimbursements. In case the accused officer

maintains a bank account, a careful scrutiny of the said account will help

the Investigating Officer to ascertain the nature and amount of the actual

expenditure under these heads.

( l) Licence Fees, etc., Payments for the renewal of l icences of

various items l ike radio set, T.V., motor vehicle, driving l icence, f ire arms,

etc., may be ascertained from the concerned l icencing authorit ies. Sometimes

the information regarding various l icence fees paid by an accused off icer may

also help to ascertain the assets which he possess and for which no information

has already come to the notice of the invest igat ing off icer.

(m) Losses sustained in disposal of Assets: I f the accused off icer

claims loss in certain transactions of sale of movable or immovable propert ies,

i t has to be veri f ied. Such a loss wi l l consti tute a part of the total expenditure

of the off icer.

(n) Household expenditure: ( i ) The house hold expenses

include expenses on kitchen, clothes, servants, washing,

smoking, drinks, expenditure on rat ions, groceries, sugar, tea, mi lk, biscuits,

bread, butter, eggs, poultry, f ish, vegetables, fruits, cooking oi l , gas,

fuel, newspapers and magazines, expenses on hobbies, etc. All

these expenses are mostly non-verif iable, unless the public servant has

S E C R E T

59

kept a record of these expenses. Information available in the Bureau of

Economics and Statistics may be used in estimating expenses of the

accused off icer. Expenses on items which are not taken into account by

the Bureau of Economics and Statistics, should be separately determined.

(ii) The expenses are l ikely to di ffer from individual to individual

depending on his habits, personal tastes, values in l i fe, family

background, etc. There wil l be variations in expenses from

time to t ime depending on the fol lowing factors :--

(a) Number of dependants;

(b) Age of dependants;

(c) Number of domestic servants;

(d) Number of guests, received and frequently thereof;

(e) Places of post ing;

(f) Living standard of the family and style of l iv ing:

(g) Maintenance of pets;

(h) Mode of Travell ing, etc.

While estimating the household expenses, al l these factors should be

discussed in detai l in the Investigat ing Off icer’s Report to justi fy the est imates.

If the Public Servant has given a low estimate of expenses, the reasons for i ts

non-acceptance should be discussed in the report.

( i i i ) The period of check should be sub-divided into smaller port ions for

determinat ion of expenses of the publ ic servant during such periods. The

division into these smaller block periods may conform to the size of the family,

promotions earned by the off icer and the place of his post ings, etc.

(o) Expenses deductable from rental income:--- In computing

the rental income, care should be taken to verify the expenses

borne by the public servant in respect of the property which

yields rental income. The expenses normally borne by the owner of the

immovable property are house tax and other Municipal taxes, amount

actually spent on repairs, ground rent, interest payable on borrowings if

S E C R E T

60

the property was acquired, constructed, repaired with such loans, land

revenue and other State Government taxes and collect ion charges actually

incurred for collecting rents from tenants. These should be shown under

the head ‘Expenses’.

132. After arr iving at the total est imate of expenditure, the Investigat ing

Off icer should compare it with total income of the accused off icer and i f i t is

found that such expenditure is less than such income, the scope and

reasonable extent of saving from such income that the accused off icer could

have effected should be examined. Where invest igat ion has revealed that the

accused off icer could have effected savings from his net salary after accounting

for his household expenditure, the reasonable extent of saving (from his net

salary income) that could be admitted should be subject generally to a

maximum l imit of 30%. This saving can be of lesser extent, depending on

evidence and circumstances of each case.

ASSETS 133 . Assets mean the total value of the property both movable and

immovable, possessed by the public servant at the time of checking. The

determination of assets held by the public servant including the discovery

of any undisclosed assets at the close of the check period, is one of the

most important points of investigation in a case of this nature. The

prescribed proforma statements I to VI should be obtained from the

accused off icer through the concerned Head of the

Department/Government. No order under section 91 Cr.P.C. should be

served on the accused officer as it is unconstitut ional, being in violation of

Article 20 (3) of the Constitut ion of India.

IMMOVABLE ASSETS: 134 .The immovable assets include houses, f lats, house-sites

agricultural and other lands, etc. The purchase price of agricultural lands

or plots of land or buildings purchased can be precisely determined with

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61

reference to the registration records, the stamp duty paid and by

examination of the vendors of such property. Assets belonging to

dependants of a Government servant and those held in benami names are

also to be included in the total value of the assets. In regard to

evaluation of house property, valuations have to be got done by the

Deputy Director (Engg), Anti-Corruption Bureau, Hyderabad, after

collecting information about year of construction, sanctioned plan,

specifications of construction etc., The Deputy Director (Engg), ACB, who

undertakes the evaluation of such property must furnish the data on the

basis of which the estimate has been made as this is often challenged by

the public servant who in some cases may also have got the property

evaluated through some private agency such as an approved valuer for

the purpose of wealth-tax returns etc.

MOVABLE ASSETS & THEIR VALUATION ETC.

135 . I t is neither possible nor necessary to enumerate the various kinds

of movable assets which one can acquire. The Investigat ing Officer would,

however, do wel l to take stock of such of them as are valuable or have been

obtained surrepti t iously. The broad categories of these assets are indicated

below, and information about the same should be collected by request ing the

competent authorit ies to call upon the del inquent off icer to make a declaration

under the Conduct Rules applicable to the publ ic servant:----

(a) Balances in current accounts with Banks.

(b) Balances in saving accounts with Banks.

( c ) Balances in fixed deposit accounts with Banks.

(d) Cumulative Time Deposits in Banks and Post Offices.

(e) Balances in Post Office Savings Bank Accounts.

(f) Post Office Cash Certif icates, National Savings Certif icates.

(g) Government Securit ies------State and Central.

(h) Treasury Bil ls and Prize Bonds|Unit Trust.

S E C R E T(i) Loans of local authorit ies.

62

(j) Advances and loans given to debtors.

(k) Deposits with companies, f irms etc.

(l) Shares in Joint Stock Companies.

(m) Debentures of companies.

(n) Cash

(o) Bull ion.

(p) Ornaments, Jewellery, including pearls and precious stones.

(q) Furniture and carpets etc.

(r) Cars, Motor-Cycles, Scooters, Cycles etc.

(s) Televisions, Radiogram, Radio-set, Gramaphone, Air-conditioner, Air Coolers, Tape-recorders etc.

(t) Sewing machine, washing machines, Geysers, cooking range, mechanical gadgets etc.

(u) Costly i tems like watches, pens, decoration pieces, f ire-arms etc.

(v) Cattle-wealth, stud animals, kennel etc.

136. The cost of acquisit ion of those assets and not the prevalent

price at the time of investigation has to be taken into consideration. A

careful scrutiny of the income-tax returns, wealth-tax returns where these

have been fi led, may also sometimes reveal useful l ines of investigation.

ASSETS AT THE BEGINNING OF THE CHECK PERIOD:

137 . I f the Invest igat ing Officer has taken a shorter period of

check than the entire period of service of the publ ic servant and

in cases where the public servant had assets even while joining

service, i t becomes necessary to determine, as precisely as possible,

the total value of the assets possessed by the accused off icer

at the commencement of the check period for deducting the same from the

total value of the assets which the public servant may be found in

possession of at the end of the check period in order to determine

the total acquisit ion of assets during the period of check. I t is sometimes

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63

noticed that this important aspect is not subjected to a thorough

investigation. In this connection, it has to be kept in mind that during his

examination, the public servant concerned may also claim to have been in

possession of substantial assets at the commencement of the check

period, and it is the duty of the Investigating Off icer to verify each such

claim very thoroughly.

EXAMINATION OF BANK ACCOUNTS:-

138 . It has been found from experience that an intel l igent scrutiny

of bank accounts invariably helps in a number of ways. The credits into

the bank accounts compared with the known sources of income would

indicate whether there are doubtful deposits call ing for detailed

investigation. The debits would give information about investment and

assets of the accused and also the amount spent on house-hold

expenses. In a case of sudden accruals and large deposits found during a

part icular period, especially corresponding to the period during which the

accused officer was holding a post where there are opportunities of

corruption, such sudden accruals and large deposits during a short period

should always be specially brought out and emphasized during the trial or

in the disciplinary proceedings, as the case may be.

EXAMINATION OF THE PUBLIC SERVANT :

139 . In an investigation of a case of disproportionate assets,

it is very necessary that the public servant concerned should be

questioned in great detail regarding his income, expenditure

and assets. Wherever necessary the benefit of doubt in respect of claims

made by the public servant in respect of certain items of income or

expenditure should be given to the public servant unless such claims can

be rebutted by evidence. It is not correct for the Investigating Officer to

summarily reject such claims of the public servant. The public servant

must be made to feel that the Investigating Officer is anxious to afford

S E C R E T

64

him ful l opportunity to clear himself of the allegations under

investigation.

COMPUTATION OF DISPROPORTION : 140 . Once evidence has been col lected from all the known sources

about the del inquent off icer’s income, expenditure and assets, i t should not be

dif f icul t to f ind out whether the al legat ion under enquiry has been brought home

against him. The di fference between his income and expenditure calculated by

the elementary ar ithmetical process of deducat ion, should be compared with the

assets acquired during the period of check. I f the lat ter exceeds the l ikely

savings substant ial ly, a case is made out and the greater the disproport ion, the

stronger the case. But this essent ial ly pre-supposes not only that no source of

income, no head of expenditure and no variety of asset has been left out of

account, but also that income, expenditure and assets have been est imated as

accurately as possible.

141 . The crux of the case wil l depend upon the comparison between

assets and likely savings. While making this comparison, i t should not be

overlooked that there is scope for argument on certain items of

expenditure, e.g., expenses on marriages etc. On al l such arguable

items, the benefit must be given to the Government Servant concerned

unless clear and definite proof is available against him. In view of this

and in view of the diff iculty in calculating income and expenditure

absolutely and accurately, the case will not be good if the assets are

equal to or even a l i tt le more than the l ikely savings. The possibi l i ty of a

good case arises only i f the assets are considerably more than the l ikely

savings and are thus obviously disproport ionate. In such cases there wil l

be need for further and more detailed scrutiny and check. At this stage the

Government servant concerned should be particularly asked to explain as

to how he got the disproport ionate or excessive assets, i.e., those

which cannot be explained by the l ikely savings. If he cannot give a

S E C R E T

65

satisfactory explanation, he would obviously be l iable for a charge of

possessing assets disproportionate to his known sources of income.

142. Where after a detailed investigation/enquiry, it appears that

the evidence is not sufficiently strong or cl inching to justify prosecution of

the public servant under section 5 (2) of the Prevention of Corruption Act,

the public servant can be dealt with departmentally on a charge of

violation of Conduct Rules on the ground that the possession of

disproport ionate assets is a suff icient basis to allege that the public

servant concerned has not maintained absolute integrity.

143 . While investigating a case of this nature, the Investigating

Off icer would also f ind out whether the Conduct Rules in force, current or

during the material t ime, have been otherwise contravened, for example

whether the delinquent officer has been deriving income from sources

suggestive of the inference that he has been indulging in business or

whether he had acquired /disposed of assets without obtaining prior

permission or giving intimation to the competent authorit ies as the case

may be, or whether he had acquired assets by corrupt or i l legal means.

Specific cases of such misconduct have to be brought out in the course of

enquiries.

S E C R E T

66

CHAPTER-IX

PLAN OF ACTION, CASE DIARIES AND PROGRESS REPORTS

144 . According to the Standing Instructions, Discreet

Enquiries, Regular Enquiries and investigation of Registered Cases

should be completed within 2 months, four months and six months

respectively.

145. There is no need to send Progress Reports in Dis-creet

Enquiries.

146. A Plan of Action should be submitted to the Head Office by

the Investigating Officer in every Regular Enquiry and Registered case

within 15 days of taking up enquiry or registration of a case as the case

may be. A Plan of Action should be prepared in respect of the allegations

under enquiry|investigation. The relevant records to be obtained and

scrutinized and witnesses to be examined under each allegation have to

be mentioned clearly and not in a general manner. It is necessary to get

the Plan of Action scrutinized by a Legal Officer of the Anti-Corruption

Bureau for the purpose of consultat ion during enquiry|investigation. In

engineering cases, the Deputy Director (Engineering) should peruse the

plan of action and offer his comments.

147 . The Plan of Action should be in the fol lowing proforma:-

“PLAN OF ACTION IN REGULAR ENQUIRY|REGISTERED CASE WITH THE INSPECTOR, OF POLICE A.C.B.-----------------------------------“.

Case No. and Date: Rc.No. Dated.Name and designation of the A.O (s).

S E C R E T

67

Allegation No. 1: is that Sri

Oral Evidence (Witnesses to be examined) :----

1.2.Documentary Evidence (To be collected & scrutinized) :

1.2.3.Allegation No.2: is that Sri

Oral Evidence:

1.2.CASE DIARIES :

148 . Every Officer making an investigation shall maintain a

record of investigation done on each day. The record of investigation in

the form of a Case Diary shall contain details of the time at which the

information reached the Investigating Officer, the time at which he began

and closed his investigation, the place or places visited by him and a

statement of the circumstances ascertained through his investigation. The

Case Diaries shall be as brief as possible and only such incidents of

investigation shall be included which have a bearing on the case.

149 . All Case Diaries prepared in a case should bear a

consecutive number and shall be dated. There shall be a separate case

diary for each date, for each case.

150. Investigating Officer should submit their case

diaries on every day of the investigation to the Range Deputy

Superintendent of Police concerned who in turn wil l submit them to the

Head Office through the concerned Joint Director. The case diaries

should be stamped with date rubber stamp as soon as they are received in

the Head Office. The Deputy Superintendent of Police and Joint Director

should issue necessary instructions to the investigating officer wherever

necessary.

S E C R E T

68

151 . Gist of statements of witnesses recorded under section

162 Cr.P.C. wil l be incorporated in the case diaries. The statements

themselves wil l be recorded on separate sheets of paper and enclosed to

the case diary.

152 . An up-to-date record of the progress made in the cases at the

post investigation stages also should be available in the case diary fi le

itself . There is no objection if this record is maintained on the case diary

forms and kept in the Case Diary fi le. Case diaries covering the stages

after completion of f ield investigation should only record the actual

progress made in the case. Opinions of Law Officers or other Off icers

should not be reproduced in case diaries. The f inal decision taken in the

case after investigation should of course be recorded.

153. Case diar ies issued by the Invest igating Officer during the

pendency of the case in court t r ial |departmental act ion|T.D.P., enquiry should

be in addit ion to the court diar ies/progress reports required to be submitted by

Prosecutors/Presenting/Investigat ing Off icers in cases which are peding tr ia l|

departmental action.

154 . In cases where it has been decided not to prosecute any

person but to refer the case for T.D.P| Departmental action or to drop

further action, as soon as Government’s decision is communicated to

Head Office, the Range Dy. Supdt. of Police concerned will be informed of

the same by the Head Off ice and then a report under section 173 Cr.P.C.

should be submitted by the I.O. concerned to the Special Court concerned

stating that the case has been closed for want of adequate evidence or

that in view of the evidence on record, discipl inary proceedings have been

recommended against the accused off icer.

155 . About the disposal of the case property

seized during investigation, i t should be reported to the

Court that the investigating agency may be permitted to

dispose of the case property after such T.D.P. enquiry| departmental

S E C R E T

69

action is over as such case properties may be required to be produced

during such discipl inary proceedings. The Court has the discretion to

pass appropriate orders under section 457 Cr.P.C.

PROGRESS REPORTS :

156. Monthly Progress Reports should be sent to the Head office in

all Regular Enquiries and Registered Cases, showing the progress made

in each Regular Enquiry and Registered Case.

157 . All Progress Reports should be dated the f irst of each month

and should be dispatched on the same date without fai l , so as to reach the

Range Off ice on 2 nd or 3 r d of every month.

158 . They should inturn be submitted by the Range Dy. Supdt. of

Police to the concerned Joint Director with his remarks.

159 . If the investigation|enquiry has not been completed within six

months in a registered case and within 4 months in a regular enquiry, the

reasons thereof should be mentioned stat ing what remains to be done and

the steps taken to avoid further delay.

160 . The Progress Reports should be so prepared as to give a

clear, connected and continuous picture of the Progress of enquiry

/investigation and particularly of the nature of evidence collected. When-

ever fresh allegations arise or involvement of some more public servants

come to l ight during the enquiry investigation, these should be specif ically

mentioned in the progress Reports. Names of witnesses examined and

documents seized or collected should be serially numbered in the

progress Reports mentioning the brief facts revealed by examination of

witnesses and scrutiny of records. Names of witnesses examined and

documents seized should be serial ly numbered in the progress

Reports as P.W.1, P.W.2 etc. If one more witness is examined in the

S E C R E T

70

next progress Report, he next progress Reports, he should be numbered

as P.W.3. Similarly documents seized should also be numbered and l isted

as exhibit A, B, C, etc. The D.S.P., concerned and Joint Director should

suggest or give instructions to the I.O., to improve or expedite the

enquiries. The Progress Reports should be so prepared that there is

sufficient evidence of application of mind on the part of the supervisory

officers, as for instance in monitoring the implementation of the plan of

action by the Investigating Off icer. A progress Report should give as

exact an idea as possible to the Head Off ice about the facts found and the

evidence collected concerning the allegations against the suspected

person enabling them to see on what l ines the enquiry|investigation wil l

be conducted further and what remains to be done to complete the enqury|

investigation.

161 . The Progress Report must specifically mention (I) the number of

allegations, of which how many are completed and how many are yet to be

completed; (2) the total number of witnesses to be examined in the

enquiry under each allegation, of which, how many are examined and yet

to be examined; (3) total number of documents to be collected and yet to

be collected; (4) reasons for delay i.e. whether the delay is due to non-co-

operation of the A.O., for examination of witnesses|non-availabil i ty of

witnesses|non-receipt of records etc. I f the delay is due to non-receipt of

records the I .Os or must specif ical ly mention the efforts made by them so as to

enable the Head Off ice to bring it to the not ice of the appropriate authority

These reports should be writ ten as far as possible under the separate heads of

al legat ions contained in the F.I .R. The al legations should also be serial ly

numbered and these numbers should be adhered to throughout the course of

investigation.The allegations must be mentioned in clear and specif ic language

without legal tr immings etc. The Progress Report should indicate the progress

of investigat ion al legation-wise. Under each al legation, the points from the

statements of various witnesses relevant to i t or the l ight thrown on it by the

S E C R E T

71

examination of documents should be mentioned. This wil l require some

care on the part of the off icer. Verbatim statements and full details of

documents need not be furnished.

162 . I t is not necessary to repeat, al l the al legat ions in detai l in each

Progress Report. Only gist of the al legat ions need to be mentioned.

163 . When the opinion of the Government Examiner in Quest ioned

Documents (Handwri t ing Expert) or some other Technical expert is received, the

Progress Report should give the gist of that opinion. When documents are

examined, the result of examinat ion of documents should be noted briefly.

164. I f the f inal report received is returned for making further enquir ies

on certain points and submission of a revised f inal report, or further report , the

Enquir ing Officer/Invest igat ing Off icer should cont inue to send progress reports

t i l l enquir ies/investigat ions are complete in al l respects.

165 . The Monthly Progress Reports should reach the Head Office in

dupl icate before the 5 t h of every month without fai l in the proforma mentioned

below:---

PROFORMA

PROGRESS REPORT OF THE DY,. SUPDT. OF POLICE/ INSPECTOR, ACB……………….FOR -- --- --- --- --- --- --- -19 “_________________________________________________________________ 1. Case No. Date of Registrat ion.2. Name and designat ion of the accused of f icer.3. Al legations. (Detai ls of a l legat ions should be ment ioned in the f i rst Progress Report and in the subsequent Progress Reports, only No. and gist of the al legat ions need to be ment ioned.)4. No of wi tnesses examined.

5. No. of documents secured.

6. Progress in the case. (What has to be done, what has been Done so far and what remains to be done to be ment ioned.)

Signature and designat ion of Of the Off icer.

S E C R E T

72

166. The Progress Reports should reach the concerned Joint

Directors in name covers in duplicate. The original Progress Reports with

the remarks of the Joint Director wil l be returned to the Deputy

Superintendents of Police for the purpose of carrying out instructions.

The duplicate copies of the Progress Reports incorporating the remarks of

the Joint Directors will be sent to the S.B. Section for taking further action

in the matter.

S E C R E T

73

74

CHAPTER-XARRESTS, SEARCHES AND SEIZURES

A R R E S T S:

167 . Section 41 of the Code of Criminal Procedure empowers any

Police Officer, to arrest without warrant, any person who has been

concerned in any cognizable offence or against whom a reasonable

suspicion exists of his having been so concerned. The power of arrest

given in this section is, however, discretionary and not obligatory.

168 . A Police Officer may also apply to a Magistrate for a warrant or

summons before making the arrest.

169 . Public Servants should be placed under arrest only when it

becomes necessary to do so in the interest of investigation or to satisfy

the requirements of law or to prevent the accused from absconding or

after a decision has been taken to launch a prosecution and necessary

sanction for it has been obtained. Investigating Off icers should, wherever

possible, obtain the concurrence of the Director, Anti-Corruption Bureau

before making such arrests. The Investigating Officers should use utmost

care and discretion in deciding to make such arrest so that undue publicity

and embarrassment are avoided.

170 . In effecting the arrest of a Public Servant, proper steps should

be taken to see that work is not unnecessarily dislocated. Whenever

possible, t imely information should be conveyed secretly to the authority

to whom such public servant is subordinate, regarding the intention of the

Investigating Officer to arrest the public servant concerned so that they

might make suitable arrangements to rel ieve such public servant after he

is arrested.In exceptional cases it may be necessary to arrest the accused

public servant immediately and the Investigating Officer may not

S E C R E T

75

be in a position to give prior intimation to the authorit ies concerned. In

such cases immediate information of the arrest should be given to the

authority concerned and a report should be sent to the Head Office by the

next post provided the accused is released on bail or on personal bond.

172 . Under Section 58 Cr.P.C. of 1973, al l arrests by a Woman and

shall in al l cases be conducted with due regard to decency.

172. Under section 58 Cr.P.C. of 1973, al l arrests without Warrants

made by the Investigating Off icers shall be reported to the concerned

Special Judge for S.P.E. and ACB cases, in the prescribed form.

173 . When an arrested person accused of a bailable offence can give

good and sufficient bail, i t shall be accepted and he shall be released

from custody.

SEARCHES AND SEIZURES

174 . If an Investigating Officer considers the production of any

part icular document or thing which is known or believed to be in the

possession of a person, other than an accused, necessary or desirable for

the purpose of investigation, he may issue a written order for its

production under Section 91 Cr.P.C.

175 . If the document or the thing is l ikely to be found at

a place within the territorial jurisdiction of the area of which he

is incharge and if the Investigating Off icer has reason to believe

that such document or thing cannot otherwise be obtained without

undue delay, such off icer may, after recording in writ ing the grounds of

his belief and specifying in such writ ing so far as possible the thing or

document for which search is to be made, search or cause search to be

made for such document or thing. The search shall, if practicable, be

made by the officer himself but i f he is unable to conduct the search

in person, he may, after recording in writ ing reasons for so doing,

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require a subordinate officer by an order in writ ing to make the search.

Such order shall specify the places to be searched and as far as possible

the thing or document for which search is to be made Section 165 Cr.P.C.

gives powers to Investigating Officers for such searches. A record of

these searches shall be made in a Panchanama and a copy shall be sent

to the Magistrate or Special Judge empowered to take cognizance of the

offence.

176 . Under section 166 Cr.P.C. an Investigating Officer may require

an officer in charge of another Police Station to search for any document

or thing if he has reason to believe that the document or thing cannot

otherwise be obtained without undue delay or may search himself if he

thinks that the delay occasioned by addressing the officer incharge of

another Police Station in whose jurisdict ion the document or the thing is

believed to be, might result in i ts being concealed or destroyed. In either

case, the off icer conducting the search shall proceed according to the

provisions of section 165 Cr.P.C.

177 . In every case in which the Invest igating Officer desires to search

a house or place, he should submit a report to the Director, Anti-Corruption

Bureau showing reasons for the same. A House Search must not be made

unless there is def ini te reason to bel ieve that certain specif ic things or

documents relat ing to the invest igation wil l be found. The practice of searching

houses for the off-chance that something may be found which may be of interest

to the invest igation is not only incorrect but also undesirable.

178 . Although the law does not require that searches should be

made by day-l ight, searches after dark should as far as possible, be

avoided. In such cases precautions should be taken to see that art icles of

evidentiary value for which search is to be made are not destroyed or

tampered with.

179 . Investigating Officers may conduct searches, as

authorized by law, but in al l important and serious cases

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it would be advisable to obtain warrants for searches from the Special

Judge for SPE and ACB Cases.

180. The Investigating Officer is empowered to require in writ ing the

attendance of persons to witness the search. Refusal to obey such order

is punishable under section 187 IPC. The occupant of the house or some

person on his behalf should be permitted to be present during the search

and before entering the house, the Investigating Off icer and the witnesses

should submit their persons for being searched. No other person should

be permitted to enter or approach the house.

181 . Legally i t is not necessary for the Investigating Officer to

obtain the consent of the Head of the Department or of the Office

concerned before making a search of the premises of an off icer working

under him. The Investigating Officer should, however, inform him as soon

as possible after the search has been conducted.

182. A seizure Memo, of the articles or documents seized in the

course of search and of the places where they were found shall be

prepared in tr ipl icate by carbon process by the Investigating Off icer on the

spot. The original as well as the carbon copies shall be signed by the

officer conducting the search and the witnesses. The seizure memo

should always be prepared under the appropriate provisions of law, i.e.

sections 51, 100 (4, 5, 6, 7, 8), 165, 166, 402 Cr.P.C. 1973 as the case

may be. The seizure memo should not bear the signature of the accused.

One copy of the memo will be immediately delivered to the person whose

place was searched (whether accused or not) or to his agent and a receipt

obtained in the following form:----

“Received a copy of this seizure memo.

Signature of the House-owner, Agent or Occupant, Date and t ime.”

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78

183. A copy of the seizure memo shall be sent to the Magistrate

having jurisdict ion as required under section 457 Cr.P.C. The original

memo wil l be retained by the Investigating Officer in the case diary.

184. The Officer conducting the search must insist on the

witnesses being present with him throughout the search and when an

article or document is discovered, attention of the witnesses should be

called to al l circumstances relating to it.

185. If incriminating documents or art icles required for the purpose

of investigation are suspected to be kept in various places, simultaneous

searches may be conducted to seize them. The Investigating Officer

should properly plan and execute these searches to preclude, the danger

of the documents or articles being secreted, done away with or muti lated.

186. The procedure prescribe in section 92 Cr.P.C. must be

fol lowed, i f the production of letters, post-cards, parcels, telegraphs or

other documents or things in the custody of the Postal or Telegraph

authorit ies is considered necessary Ordinary records maintained in a post

office and information available in them shall be given on the writ ten order

of the Investigating Off icer.

187. The Director, Anti-Corruption Bureau, and his subordinate

officers are authroised to inspect official or secret records at al l stages of

the investigation. They can, therefore, have access to all official records

required by them for the purpose of investigation or for production in

courts.

188 . It is permissible under the Income-tax Act 1961, subject

to the provision of any notif ication issued under section 138 (2)

of the Act, to obtain any information of the assessment

of any assessment and also ask for the inspection of assessment

records or any other information contained therein either by making an

application under section 138 (1) of the Act, or by sending a requisit ion

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under section 91 Cr.P.C. or from any list of assessees published by the

Central Government under section 187 of Income-Tax Act. However, in

view of the very large number of assessees, the Ministry of Finance do not

propose to publish assessment figures in all cases particularly as the

assessments would be in the names of individuals. This latter source of

information would not, therefore, ordinari ly be available. So far as

Investigating Officers are concerned, they should obtain the requisite

information, as a rule, by sending a requisit ion under section 91 Cr.P.C.

instead of making an application under section 138 (1) of the Income-Tax

Act, 1961.

189. It should be considered as sufficient compliance of an order

under section 91 Cr.P.C. by Banks or Public Offices if the required

documents or books are shown or produced at the Bank premises or in

Public Offices as the case may be. Investigating Officers should not insist

on an officer of the Bank attending and producing the records at any place

other than the Bank premises.

190. Under section 5-A (2) of the Prevention or Corruption Act,

certi f ied copies of the relevant entries relat ing to the accounts in the

Banker’s Books of any person suspected to have committed any offence

under sections 161, 165, 165-A IPC, or section 5 of the Prevention of

Corruption Act, 1947, or of any other person suspected to be holding

money on behalf of such person can be taken or caused to be taken and

the bank concerned is bound to assist in the exercise of these powers.

These powers can, however, be exercised only by a Police Officer

empowered to investigate under sub-section (1) of Section 5-A of the

Prevention of Corruption Act 1947, provided that i t shall not be exercised

by a Police Officer below the rank of a Superintendent of Police, unless

he is especial ly authroised in this behalf by a Police Officer of or above

the rank of a Superintendent of Police.

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80

191. While exercising the powers under section 91 Cr.P.C. or

while taking possession of documents, records etc,. required for the

investigation, the Investigating Officer must be careful not to act in a

manner which may cause unnecessary hardship or dislocation of work

respectively to the persons of off ices concerned.

192. In all cases where any records or articles are taken into

possession during the course of Investigation without formal search, a

proper recovery memo in the prescribed form attested by two respectable

witnesses and the person from whom the records or articles are taken

possession of, should invariably be prepared on the spot and each of the

documents or articles should, as far as possible, be got init ialled and

numbered by the persons producing it as also witnesses to preclude any

changes or substitution. All records and property seized during

investigation must be forthwith deposited in the Special Court concerned

and if they are required by the I.O. for purpose of investigation, they may

be taken back temporarily t i l l the purpose is over. All propert ies seized

during investigation under the provisions of the Cr.P.C. should invariably

be forwarded to the Court U/s 451 Cr.P.C. for custody during the

pendency of the case. No case property should be retained by the

Investigating Officer after the trial of the case has been ordered by the

court of competent jurisdiction.

193 . If the property has to be produced in the trial of a case other

than the one in which it is originally seized, it should be routed through

the court concerned with the f irst case. A clear request should be made

to the second court, to return the property to the former as soon as the

trial in the earl ier case is over and that it should not be disposed

of in any other manner. I f necessary, two, otherwise at least one set of

Photostat copies or of certi f ied copies (in the case of

documents) should be retained with he court within the jur isdict ion

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81

of which the property is originally seized. That wil l enable secondary

evidence to be produced in the event of loss of primary evidence.

194. The disposal of property to parties concerned should be done

through proper invoices with support ing entries in the A.C.B. record.

Properties relat ing to cases recommended to the Department concerned

that steps will be taken for the disposal of such property on confirmation

that no departmental action is being taken by the Department. As regards

property relating to disciplinary cases in which punishment imposed is

regarded as adequate, action may be taken for the disposal of the

property after ascertaining from the Department that no appeal has been

fi led by the delinquent officer against the punishment awarded. In the

event of an appeal, the property wil l be disposed of after the appeal.

195. To avoid delay in disposal of propert ies in cases which have been

closed, the Joint Directors concerned should ensure that such properties are

disposed of within 15 days of the closure order. In order to watch the disposal

of closed cases, a register of closed cases in the fol lowing form should be

maintained:

______________________________________________________

Order No. S.Nos. of Sl. Date of MR items Date of Remarks No. RC/RE Closures pertaining disposal No. to cases. ________________________________________________________ (1) (2) (3) (4) (5) (6) --------------------------------------------------------------------------------------

196. The Joint Directors concerned must invariably inspect the properties

seized and kept with the Invest igat ing Officers every two months and record an

inspection note.

Guide Lines to be observed by the Investigating Officers.

197. (1) House searches may be conducted only

when essential in the interests of the case. I t wil l have a very

bad effect on the morale if after conducting the house

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82

search the case against a senior officer is ult imately closed or referred

only for departmental action.

(2) Searches must always be carried out in strict conformity with

law. Provisions of Sections 93, 165, 166, 99 and 100 Cr.P.C. must be

ful ly complied with.

(3) Searches as a rule should be carried out under the authority of a

warrant from the competent Spl. Court. In al l such cases prior approval of

the Director, Anti-Corruption Bureau, Hyderabad should be obtained

before carrying out searches. A watch of the places to be searched

should be kept where necessary during the period of verif ication of

information. In I emergent cases where there is imminent risk of loss of

evidence due to delay inherent in the process, it wil l not be possible to

fol low the above rule. In such cases, the provisions of Section 165

Cr.P.C. must be complied with carefully and the record to be prepared by

the Investigating Officer in compliance of the requirements of that Section

must be prepared carefully with proper phraseology so as to confirm ful ly

to the legal requirements of that Section.

(4) The Head of the Department and Government should be

informed immediately after the search, mentioning the reasons for such

search.

(5) The number of places to be searched should be restr icted to the

minimum, consistent with the interests of the case.

(6) Searches after dark should as far as possible be avoided.

(7) Searches should not, unless absolutely unavoidable, be carr ied out

on occasions of fest ivi t ies/celebrat ions etc., going on in the houses to be

searched.

(8) Searches must always be conducted quickly and quiet ly and in a

manner so as to avoid unnecessary embarrassment, humil iation or

inconvenience to the public servants and their family members. Due

courtesy should be shown to the public servants and to their family

members to take the sting out of the searches.

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83

(9) Art icles of tr if l ing value and/or daily use need not be mentioned

individually in the search list nor seized. In cases of disproportionate

assets, it would however be useful to note down the lump-sum value of

such art icles in the house, even if they are not seized.

(10) The size of the search party must be kept to the minimum

consistent with the requirements of the case. Show of force must be

avoided. I f for any special reasons some force is required, i t may be kept

in reserve at some distance.

(11) Search parties should invariably be headed by officers not

below the rank of Inspector. In case of search of houses of senior officers

or big f irms, the searches should be supervised personally by the Joint

Director concerned on the spot.

(12) Informants/Colleagues/Subordinates of the public servant

whose house is searched should not as a rule be selected as search

witness and should not accompany the search party.

(13) Search witnesses should be in a position to testify that the

house searched in their presence was in the occupation of the accused

public servant/family members/close relations.

(14) Proper facil it ies should be given to the Panchayatdars and

undue inconvenience to them avoided.

(15) Members of the search party should be ful ly briefed about their

allotted tasks and about the do’s and don’ts on searches contained in this

Manual and other instructions issued from t ime to time, before they set

out for actual search.

(16) Press publicity to be given about searches wil l be decided only

by the Director, Anti-Corruption Bureau in the l ight of the report received

from the Investigating Off icer/D.S.P/J.D.

(17) A report about result of the search should be

sent immediately after the search by the off icer incharge of

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84

the Search party. Apart from the evidence collected, the report should

also mention the t ime at which the search began and ended and any other

fact which may be relevant. In case the preparation of search lists etc.,

has taken an unduly long time, that fact also should be clearly brought out

in the report.

(18) When an Investigating Off icer of one District|Range goes to

conduct a search in a place within the jurisdiction of another Dist. Range,

the DSP|Inspector of the latter Dist.|Range should be contacted to depute

an officer of his District| Range also to be present at the time of the

search.

S E C R E T

85

86

CHAPTER –XI

EXAMINATION OF DISPUTED DOCUMENTS BY GOVERNMENT EXAMINER OF QUESTIONED DOCUMENTS.

198. There is a Directorate of the Forensic Science Laboratory at Red Hills,

Hyderabad, which is the State Government Department where the following types of

examinations are carried out by the Government Examiner of Questioned Documents:-

(i) to determine the authorship or otherwise of the questioned writings by a

comparison with known standards;

(ii) to detect forgeries in questioned documents;

(iii) to determine the identity or otherwise of questioned type scripts by

comparison with standards;

(iv) to determine the identity or otherwise of seal impressions;

(v) to decipher erased (mechanically or chemically) or altered writings;

(vi) to determine whether there have been interpolations, additions or over-

writings and whether there has been substitution of papers;

(vii) to determine the order or sequence of writings as shown by cross strokes

and also to determine the sequence of strokes, creases or folds of the

questioned documents where additions are suspected to have been

made;

(viii) to detect any tampering in wax seal impressions;

(ix) to decipher secret writings; and

(x) to determine the age of documents and other allied handwriting problems.

199. There is also a Central Government Office of the Government Examiner of

Questioned Documents at Ramanthapur, Hyderabad for the same purpose.

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87

200. The Government have exempted the Anti-Corruption Bureau from payment

of fees prescribed for the services of the Scientific Section C.I.D. (Director of Forensic

Science Laboratory) vide G.O.Ms.No.397 Home (Police-C) Department, dated 1st

September, 1983. However, the prescribed fee has to be paid to the Government

Examiner of Questioned Documents, Ramanthapur, Hyderabad, if documents are sent

to him for examination and opinion.

201. The Expert of the Forensic Science Laboratory Hyderabad/Government

Examiner of Questioned Documents requires some time to furnish his opinion in cases

referred to him. Hence, a reference has to be made to the Director of Forensic Science

Laboratory/G.E.Q.D, Ramanthapur, Hyderabad as and when all the required material

has been collected. It is not necessary to wait until the investigation is almost complete

as this will delay finalization of a case for receipt of opinion of the Government Examiner

of Questioned Documents.

202. The following precautions should be carefully observed in handling

documents:

(a) Documents should not be subjected to frequent or careless handling and

should from the very beginning be properly protected either by placing them between

sheets of blank papers or preferably between thin, transparent sheets of celluloid.

(b) Documents should not be exposed to moisture of any kind or to strong

sunlight and should never be carried in the pockets of one’s wearing apparel where they

are likely to be affected by bodily heat or moisture or get worn out, wrinkled or soiled.

(c) Documents should not be cut or torn or trimmed or mutilated in the slightest

degree.

(d) Documents should not be folded or unfolded unnecessarily and a new fold

should never be introduced.

(e) Documents should not be touched with an eraser of any kind, nor should

adhesive labels be applied.

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(f) Documents should not be punched or pinned but paper clips should be used

where necessary.

(g) No additions, such as underlining features thought to be significant, should

ever be made in the documents. The identification marks should be applied with colour

pencils where they are least likely to interfere with the writing and should be as limited

as practicable and clearly recognized as such.

(h) Tracings of documents should never be resorted to. For purposes of record,

photography is the advisable and safe method.

203. All documents sent for examination should be packed and sealed in stout

covers or packings to avoid damage during transit. They should also be insured for a

nominal value of Rs.100/- to ensure extra precaution on the part of the postal

authorities. A forwarding letter listing out the documents sent for comparison and

opinion, the description of the documents and what exactly is required to be done by the

Director, Forensic Science Laboratory/G.E.Q.D. – should accompany the documents.

The forwarding letter should be sent in duplicate, as one copy is required to be exhibited

in Courts. It should also show which of the writings are questioned and which are

standard. The questioned writings should be carefully encircled with a colour pencil

without touching or crossing any part of it. Identifying marks such as Q1, Q2, Q3,

should be given for each of the items in question. The standard writings should also be

similarly enclosed and marked. The writings of one person should be marked seriatim

till all the writings in question are completed. If there is a separate body writing and a

signature, both should be separately marked for identification.

204. All papers should bear a distinguishing mark, such as

A.B.C. or (1), (2), (3). Any other writing on the document should be avoided. In

cases of letters sent together with their envelopes or covers, the envelopes

should bear a sub-mark or number to the letter it contained. Thus, if a letter is

S E C R E T

89

marked A, its covering envelope should be marked A.1. In the case of documents

already entered as Court exhibits, the Court marks will, of course be observed.

205. In stitching or stringing papers together, care should be taken not to

mutilate any written portions.

206. In cases where opinion is required on, or the attention of the Examiner

directed only to the signature or a portion of the writing, the particular portion should be

clearly indicated by encircling it with a fine pencil line (black lead or red or blue chalk).

Ink marks should be avoided.

207. The encircling should be complete and more underlining and brackets

avoided. If there are other writings in juxtaposition, the dividing line should clearly

exclude the outside portions. Carelessness in this matter causes unnecessary increase

of work, and is apt to lead to mistakes. Special attention should be given in this matter

in regard to interpolations, additions and over-writings, and to signatures on bonds and

on the reverse of S.C. Notes where there are other signatures, endorsements and

writings.

208. When selecting handwritings for comparison, writings made about the

same period as the documents in question should, as far as possible, be selected. This

should be done in case where already existing writings of the suspect or accused are

readily available, whether contained among correspondence or in books or registers.

209. When taking specimen handwritings of several suspected or

accused persons, the writing of each individual should be taken on separate

sheets and not on the same sheet. In cases where a person is required

to give several specimens on a separate paper, care should be taken to

remove the previously written slips from sight of the individual when he is writing

the other specimens. For the purposes of obtaining specimen handwritings,

the matter should preferably be dictated. When any lengthy piece of writing is dictated

S E C R E T

90

or given for copy, the actual time consumed in writing should be noted and also the kind

of pen used and the position of the paper while in the act of writing, i.e., whether laid on

a flat hard surface, or held across the palm, or placed across the thigh or in any other

position. The officer taking the specimen should state on it, the name of the writer,

together with the particulars above referred to, and mention the date of the writing. He

should also certify, on the same sheet, that the specimen was written in his presence.

210. Admitted writings, if undated, should, if possible, bear on them a pencil

entry giving the probable date of writing, e.g. “said to have been written in February,

1984”. In the same way, if the disputed document bears no date, the supposed or

probable date of writing, or the date of receipt, should be ascertained and noted.

211. When the writings of a suspected individual are required to be examined,

his pen and writing pad, if obtained should be sent. In such cases, a piece of paper,

should be gummed on to the pen handle containing the name of the writer and a similar

label affixed to the pad.

212. All the points on which opinion is required should be mentioned clearly and

specifically in the forwarding letter but the history of the case should never be narrated.

213. An abundant number of standard materials preferably not less than a dozen

specimens should be furnished to the G.E.Q.D. for proper comparison. All disputed or

questioned documents should be sent as far as possible in one list and not in parts. As

a general procedure, the Investigating Officer should submit two types of standard

writings:

(i) request writings of signatures written to dictation by suspects; preferably six

dictated copies of each item in question should be obtained; and

(ii) previous writings which are admittedly genuine writings or signatures written

in the ordinary course by the suspects.

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Whenever a signature occurs in a disputed document, a dozen or as many as

possible, suitable admittedly genuine signatures of the persons bearing the same name

should be sent. (By “admittedly genuine signature” is meant “existing signatures written

before the date of the disputed signatures”).

214. Every effort should be made to obtain the previous writings as they are

more useful for comparison. Similar previous writings should also be obtained as far as

possible. For instance, if the signature on a cheque is questioned, admittedly genuine

signatures on previous cheques should be sent for comparison while taking request

writings also, they should as far as possible be got in exactly the same manner and

under the same conditions as in the case of the questioned documents. A particular

kind of writing in the questioned items should be the kind of writing in the request items

also. If block letters are used in the questioned writing, block letters should also be

used in the request writing. If possible, similar paper and ink should be used in the

request writing as in the original writing. However, the previous writing should not be

shown to the accused while taking request writing, and even when taking a second

request writing, the first request writing should be removed from his view. This is

necessary in order to prevent any deliberate attempt by the accused to disguise his

writing. The age of the writer, his names and any particular physical conditions likely to

effect the writing should be endorsed in each sheet by the officer obtaining request

writings and signed by him.

215. If and when opinion of an expert is sought on a disputed document, written

in a script unknown to him, copious material should be supplied to the expert

for comparison and check. This would enable him to claim competence to give opinion

in such cases with greater force. However in such cases, reliance should

not be laced entirely on the expert opinion. Corroborative evidence of witnesses, who

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might be acquainted with the handwriting of the accused, etc., should also be collected

to prove the disputed writings in the Court.

216. The number and date of the letter etc., of the G.E.Q.D. should always be

quoted while corresponding with him.

217. While making a reference, all necessary material should be sent in the very

first instance. If some essential documents, samples or specimens are missing and

cannot be procured, this should be clearly indicated in the forwarding letter. This would

obviate further unnecessary reference from the G.E.Q.D. and thus avoid delay.

218. All security instructions must be carefully followed while dispatching and

receiving classified documents.

219. Requests for according priority or top-priority to cases by the G.E.Q.D.

should be routed through the Head office so that if and when necessary inter se priority

amongst cases of different ranges may be fixed.

220. In all cases in which an officer of the organization of the G.E.Q.D. is

required to give evidence in Court, an advance intimation about the date or dates on

which his evidence is required in court should be sent by the Investigating Officer direct

to the officer without waiting for the actual summons to be issued. While so doing,

“Opinion Nos. and dates” should also be mentioned. However, the Investigating Officer

concerned should ensure that summons are issued to the G.E.Q.D. atleast a fortnight in

advance.

221. To avoid embarrassment to the Examiners, the concern Investigating

Officer may ascertain from the Examiners the convenient dates on which it would be

possible for them to be present in the court as witnesses and Prosecuting Officers

should be instructed to request the Court to fix up the evidence of the Examiners

on one of these dates. If the Examiner is unable to attend because of his prior

S E C R E T

93

engagement in some other court, the Prosecuting Officer should place this information

before the Court and request for fixing up the evidence on some other date. Whenever

necessary, the Public Prosecutor should be instructed to make the court aware of the

fact that the officers of the G.E.Q.D. are hard pressed for time and have to travel all

over the State to tender evidence as witnesses and so, no warrants for them should be

issued.

222. The dates of hearing in all cases wherein the G.E.Q.D. or his Assistant is to

be summoned for giving evidence should be so arranged as to ensure that his evidence

is taken up after the 15th of each month.

223. If the G.E.Q.D. or his assistant is summoned in two or more cases at the

same station, consecutive dates should be fixed in consultation with the court for

hearing. However, in cases which are hotly contested and contain too many exhibits, a

two-day interval would be suitable.

224. In cases where the questioned writings are forwarded by the audit office to

the G.E.O.D. direct at the request of the Investigating Officer, the standard writings for

comparison should be sent direct to the G.E.Q.D. by the Investigating Officer. This

should be done as soon as intimation regarding the dispatch of the questioned

documents to the G.E.Q.D. is received from the concerned audit office by the

Investigating Officer.

225. The G.E.Q.D. would be prepared to supply one set of prints to be exhibited

by him at the time of his evidence in court, at any time the Investigating Officer would

like to have it. As soon as it is decided to summon the G.E.Q.D. as a witness, he

should be requested to supply one set of prints which should be exhibited in court so

that the accused and his counsel may be able to inspect them before the G.E.Q.D. or

his Assistant tender his evidence.

226. When sending sealing wax impressions for examination, care should be taken in

its packing, so that the wax or lac is not broken in t ransit by post. A thin layer of

S E C R E T

94

cotton placed on either side of the portion containing the seal impression will afford safe

protection.

227. In case where the age of a document is in question, the greatest care

should be taken to guard the document from being handled or soiled and especially to

protect it from finger and other marks on the written characters. In such cases, if the pen

and ink pot, said to have been used in the writing, are available, they should be sent.

228. In all cases where papers for examination are despatched to the examiner,

they should be sent, carefully packed, by registered letter or parcel post, to his official

address accompanied by a memorandum or letter stating:-

(a) the language of the writing;

(b) the number of exhibits sent, giving their distinguishing marks, and other

necessary particulars, indicating separately the documents in question i.e., those on

which opinion is sought and the admitted document with which comparison is to be

made, these letters being classified according to their respective writers;

(c) the question to the Examiner clearly and precisely put, in regard to the

particular writings or portions of writings on which opinion is desired.

(d) particulars of the case, such as title, number, date, name of the complainant

and the accused and section under which the charge is laid, together with any remarks

as to the circumstances of the writing and on any other matters or points on which the

Examiner should be informed.

(e) if a case has already been instituted, the date fixed for the next hearing with

name of court of trial.

229. A register should be maintained in each Range office for all references

made to the Director, Forensic Science Laboratory, Hyderabad/G.E.Q.D. Ramanthapur,

Hyderabad. The Joint Directors will check this register from time to time to ensure that

references to the Experts are being promptly and properly made and that there is not

undue delay in this regard.

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96

CHAPTER – XII

EXPERT TECHNICAL ASSISTANCE AVAILABLE TO THE BUREAU

230. At the head quarters of the Bureau, the following expert technical assistance

is available.

(1) Deputy Director (Engineering);

(2) Deputy Director (Forests);

(3) Deputy Director (Revenue);

(4) Assistant Director (Commercial Taxes); and

(5) Accounts Officer/Chartered Accountant.

231. Before an enquiry relating to a department, connected with Engineering,

Forests, Revenue or Commercial Taxes, is sent to a range Dy. Supdt. of Police for

conducting enquiry, the concerned Technical Officer at the headquarters will go through

the available papers and prepare a brief about rules and regulations involved in the

enquiry and what the IO should look for in the enquiry. Specialist officers will also make

a note on these enquiries, so that they may keep track of them.

232. During the actual conduct of the enquiry, the I.Os should

consult the concerned Assistant Director / Deputy Director on all technical

matters connected with the enquiry pertaining to the departments and they may

even request their assistance in the field, where necessary. Where

spot inspections are done by the IO and panchanamas are drafted and

samples taken for check wherever necessary, it would be desirable for the I.Os

to have the technical Deputy Directors/Assistant Directors with them. The Technical

Officers from the Engineering side will work out details of the cost of

constructions, buildings etc., on the basis of the standard rates which prevailed in

the relevant years in which they were constructed. The Deputy Director (Revenue)

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and Assistant Director (Commercial Taxes) who are trained in working out

disproportionate assets cases will assist I.Os in such enquiries.

233. The draft final reports when received from the Ranges will be scrutinized at

the headquarters by the concerned Assistant Director/Deputy Director and then put up to

the Joint Director/Director. During the enquiry/ trial of cases pertaining to important

enquiries concerning their departments, the concerned Assistant Directors, Deputy

Directors will help the I.Os and prosecutors, in the successful conduct of the trial /

enquiry.

234. The expert / Technical Officers attached to the Bureau from the

Engineering, Revenue and Commercial Taxes, Forest Departments, are also to gather

intelligence about modes of corruption and corrupt officers in their respective

departments and furnish this information to the Director for suitable follow up action. It is

also necessary for them to study the rules, regulations and procedures of their

respective departments and suggest suitable changes wherever necessary, especially

when due to lacunae or ambiguities in these rules, regulations etc., they are found to be

in conflict with administrative interest, or aid corrupt practices as found during the

conduct of enquiries by the A.C.B.

235. In addition to expert assistance available at the Headquarters of the Bureau,

the Government have permitted the Anti-Corruption Bureau to take all other assistance

available from experts, in the conduct of enquiries/investigations, wherever necessary

(Government Memo.No.2004/S.C.C./62, General Administration (S.C.C) Department,

dated 3rd October, 1962).

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99

100

ENGINEERING RESEARCH DEPARTMENT, RED HILLS, HYDERABAD.

236. The facilities available at the Engineering Research Department are as

follows:-

(i) Engineering materials Laboratory – Testing of materials used in Engineering

construction with the exception of soils.

(ii) Soils Mechanics Laboratory – Testing of soils in connection with earth dams,

canal banks, highway embankments and foundation of structures.

(iii) Physical and Chemical Laboratory – Physical and Chemical testing of building

materials.

Note:-(1) The department does not undertake tests of paints, rubber, glass, leather and

wood.

(2) Test can be undertaken only with the permission of the Andhra Pradesh

Government.

(3) It is advisable to ascertain before hand whether a particular test can be

undertaken.

(4) Rates of charges should be ascertained from the Director.

237. It is possible that in a particular enquiry, there is need to consult an expert

not listed above. In such cases, the matter should be brought to the notice of the

Director so that special sanction could be obtained from the Government.

238. Sanction for the fees payable to the experts is obtained from the

Government by the Director in each individual case.

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102

CHAPTER – XIIIDEPARTMENTAL ACTION

239. Departmental action, pursuant to an enquiry by the Anti-Corruption Bureau

arises in the following circumstances:-

(a) On completion of a R.E. or R.C. placing officers on their defence before the

T.D.P. may be suggested against those drawing basic pay of Rs.600/- and above or

such a basic pay as may be prescribed from time to time, if the allegations held proved

against those officers relate to criminal misconduct. In the case of officers drawing basic

pay below Rs.600/- or as may be prescribed from time to time, if the allegations held

proved against those officers relate to criminal misconduct. In the case of officers

drawing basic pay below Rs.600/- or as may be prescribed from time to time, they can

be placed on their defence before the T.D.P. if they are involved jointly with other

officer/officers drawing basic pay of Rs.600/- and above per month or referred to the

department concerned for taking departmental action (G.O.Ms.No.718, G.A. (Ser.A)

Department, dated 8th October, 1976).

(b) On completion of a R.E./R.C by the A.C.B., an enquiry under the Andhra

Pradesh Civil Services (Classification, Control & Appeal) Rules may be suggested to be

conducted by the department itself. This arises for those drawing basic pay of less than

Rs.600/- or as may be prescribed from time to time as at (a) above. The enquiry may be

conducted by the Department itself even in cases of officers drawing basic pay of

Rs.600/- and above or such a basic pay as may be prescribed from time to time, when

the allegations held proved against them relate to irregularities, violation of departmental

rules etc., which do not fall under “criminal misconduct”.

240. There is no constitutional bar to the holding of a Departmental Enquiry on the

termination of the criminal proceedings against the accused officer if the departmental

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enquiry is not held on the same charge and facts on which he was acquitted by the

court. (vide AIR 1964 Supreme Court 72).

241. The following points should be borne in mind in all cases of departmental

action:-

(1) Departmental action where suggested against officers of All India Services, is

normally conducted through an authority constituted for the purpose under rule 3 (2) of

the All India Services (Disciplinary & Appeal) Rules or under the provisions of Public

Servants (Inquiries) Act 1950. Under Rule 8 (6) (c) of the All India Services (Disciplinary

& Appeal) Rules, the Government may also appoint a Government Servant or a legal

practitioner as a ‘Presenting Officer’ for conducting the case. Generally, the Director of

Prosecutions or Additional Director of Prosecutions is nominated as the Presenting

Officer.

(2) Provisions of the Indian Evidence Act are generally not applicable to

departmental enquiries. They are governed by rules of natural justice (AIR 1955

Calcutta P.183).

(3) When the Government order disciplinary action on the basis of an enquiry

report of the Anti-Corruption Bureau, the ACB Inspector, who investigated the case shall

assist the Enquiry Officer in holding the enquiry and marshalling the evidence

(G.O.Ms.No.1081, G.A. (Ser.C) Department, dated 28 th September, 1964). The Director,

Anti-Corruption Bureau may direct another Inspector to assist the Enquiry Officer if the

investigating Officer is not available or is otherwise busy.

(4) Statements of witnesses recorded by the Anti-Corruption Bureau can be

brought on record during the departmental enquiry, if the witnesses admit them to be

correct. The delinquent officer concerned should thereafter be allowed

to cross-examine the witnesses. When, as a consequence of procedural or

technical irregularities, a de novo departmental enquiry is to be conducted, it is open

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to the Enquiry Officer to allow the witness to refresh his memory in terms of section 159

of the Indian Evidence Act with the help of his earlier statement or to have it filed as an

exhibit to corroborate or contradict his testimony at the de novo enquiry. In appropriate

cases, where the enquiry officer considers that the earlier statement is true, it can be

treated as substantive evidence in the de novo enquiry for all purposes, subject to the

provisions of the Indian Evidence Act.

(5) Only Part-‘B’ reports of the ACB contain relevant material against the public

servants and they are sent to the Enquiry Officers by the Government to enable them to

frame charges, adduce appropriate evidence and chalk out the line of conducting the

enquiry. Part-B report being a confidential document, the enquiry officers should not

furnish it to the delinquent officer. The enquiry Officer should avoid making any

reference to the Anti-Corruption Bureau, in the communication sent to the delinquent

Officer during the departmental enquiry.

242. Draft charges, statements of allegations and lists of witnesses and

documents in support of the charge will be sent by the TDP or departmental authority.

The enquiry officer can also make use of the said statements to contradict the

witnesses, if they turn hostile (Govt. Memo.No.864/ 63-5, G.A. (Ser.D) Department,

dated 1st October, 1963).

(6) The ACB should continuously watch the progress made in disciplinary

proceedings in the departmental enquiries arising out of ACB enquiries. As soon as the

Director informs the Inspector concerned about a case having been referred for

departmental action, it will be the duty of the latter to follow up with the enquiry officer for

expeditious disposal of the departmental enquiry. Inordinate delay in holding the

departmental enquiry may be reported to the Director, Anti-Corruption Bureau for taking

up the matter with the Government or other appropriate authority (A.C.B. Head Office

Circular No.111/S1/68, dated 18th October, 1968).

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(7) When a departmental enquiry is finally disposed of and the punishment

awarded to the accused officer is considered inadequate, the Director, ACB may take

up the matter with the reviewing authority for enhancement of punishment where it is

deemed necessary (Rule 24 of Andhra Pradesh Civil Services (Classification, Control

and Appeal ) Rules.

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CHAPTER – XIV

INSTRUCTIONS REGARDING SUBMISSION OF CONVICTIONS AND ACQUITTAL REPORTS, OBTAINING COPIES OF JUDGEMENTS AND FILING OF APPEALS,

REVISIONS ETC.

243. As soon as possible after judgment is pronounced in a case of the

Anti-Corruption Bureau by the Special Judge for SPE and ACB Cases, the Legal

Adviser-cum-Special Public Prosecutor, Anti-Corruption Bureau concerned shall send

conviction/acquittal/discharge report to the Head Office by a Special Messenger. The

Head Office in turn will inform the same to the concerned Secretary to Government in

the Secretariat marking copies to the Chief Secretary to Government, and Head of the

Department to which the Accused Officer belongs.

244. A Register of Acquittals, convictions and discharge shall be maintained by

the Legal Adviser-cum-Special Public Prosecutor, Anti-Corruption Bureau. There

should be separate pages in the Register for each Prosecutor and all cases conducted

by one Prosecutor in the portion allotted to him. Action, if any, taken against the

Investigating Officer or Prosecuting Officer for any defect in investigation or prosecution,

which led to the acquittal or discharge should also be indicated in the Register.

245. The instruction contained in the above para regarding transmission of

conviction/acquittal/discharge reports will apply not only to the disposal in the first court

of trial (Special Courts) but also to judgments of the High Court and Supreme Court. To

enable the concerned to check, if necessary, that action in this regard has been taken,

there should also be a column in the Register in which the number and date of the letter

in which the result of appeal is intimated to the department and other concerned, should

be noted.

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246. In all cases ending in conviction/acquittal/discharge, a copy of the judgment

will be obtained as soon as possible by the concerned Legal Adviser-cum-Special

Public Prosecutor for examination. Copies of judgements in S.P.E. and A.C.B. Cases

can be obtained free of cost, by the Public Prosecutors and sent to the Head Office

without any delay with their detailed remarks in cases of acquittals discharge, so that a

copy of the same can be sent to the department concerned in the Government

immediately to file an appeal in the High Court, within the limitation period.

247. In respect of the High Court of Andhra Pradesh, the Public Prosecutor,

Standing Counsel will file appeals on behalf of Government and after hearing, he will

obtain copies of judgement and furnish to Government and the Anti-Corruption Bureau

with his remarks. The Standing Counsel for the ACB in the High Court of Andhra

Pradesh shall obtain copies of judgement without delay. He will also maintain a

Register of the cases which are pending in the High Court in respect of the cases either

filed on behalf of the Government or by the Accused Officers convicted in the Special

Courts. He shall promptly apply for specified copies of judgement. This matter has to

be attended to with care and attention.

248. The legal Adviser-cum-Special Public Prosecutor and Retainer Counsel

should scrutinize and examine the judgment with reference to the following points:-

(i) Whether the sentence is adequate or inadequate;

(ii) Whether revision for enhancement of sentence is to be filed;

(iii) whether acquittal or discharge is justifiable;

(iv) Whether there is a case for filing an appeal against acquittal or discharge.

249. While analyzing the administrative procedures in order to minimize the scope of

corruption, a study and analysis of vigilance cases in courts reveal very useful

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Information regarding the loopholes in rules and procedures which provide scope for

abuse of authority. A Vigilance case should not be treated as closed until this scrutiny

and analysis is over. The scrutiny should examine whether the rules and regulations

prescribed are adhered to in practice and weather effective steps are required to be

taken to prevent lapses, if any, where they occur. The Head Office should intimate to

the Department concerned /Chief Secretary the result of scrutiny of court cases for

follow up action. The Government are required to issue suitable instructions to the

concerned and send a copy of their instructions to the Anti-Corruption

Bureau.

250. While examining an acquittal judgment, regard should be had to the

principles enunciated by various High Courts and the Supreme Court regarding the

scope and power of the Appellate Court to interfere with an acquittal in exercise of its

powers under section 373 Cr.P.C. The following factors should be taken into

consideration before recommending an appeal.

(a) Views of the Trial Court as to the credibility of the witnesses;

(b) Slowness of the Appellate Court in disturbing findings of fact recorded by the

Trial Court which had the advantage of seeing and hearing the witnesses;

(c) Presumption of innocence in favour of the accused confirmed by the acquittal;

and

(d) Right of the accused to the benefit of doubt.

251. Normally, the High Courts do not interfere with orders of the lower courts in

exercise of their revisional powers under section 432 Cr.P.C. except in exceptional

cases of real and substantial injustice. Consequently, a revision application for

enhancement of the sentence should not be made, having due regard to the part played

by the accused in the commission of the offence. Similarly, filing of revision applications

in interlocutory matters should not be resorted to unless there is some substantial

question of law involved or, the impugned order, if allowed to stand, is likely to have far-

reaching consequences.

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252. Proper care should be taken of the progress made in an appeal filed by an

accused against his conviction in the High Court. The following instructions may be

carefully complied with:

(i) Daily Cause List of cases heard in the High Court should be carefully perused

by the Public Prosecutor/Retainer Counsel.

(ii) The Legal Adviser-cum-Special Public Prosecutors/Retainer Counsel should

keep up-to-date the conviction Register of the A.C.B. The Additional Director will check

the Register quarterly.

253. In order to pursue more effectively ACB cases coming up in the Supreme

Court, the Government should direct the Advocate on record of the Supreme Court

about filing of appeal in Supreme Court, under intimation to the Anti-Corruption Bureau.

The Advocate may also be instructed by the Government for watching progress in

pending matters and ensuring that all the cases have been included duly in the list.

254. Whenever a case ends in acquittal or discharge, a report shall be sent by

the Advocate on record to Government along with a copy of judgement. The report

should clearly show what the reasons are for acquittal or discharge and whether there

are any defects or negligence in investigation or in prosecution which led to the

unsatisfactory result. Adverse remarks regarding investigation or prosecution should

also be clearly mentioned. The Government in turn will furnish the same to the Director,

Anti-Corruption Bureau for taking further action in the matter.

255. All cases should be treated as closed only when no action is pending by

way of appeal or revision. In cases which fail in the Special Court and in which no

appeal or revision is considered necessary, it should be examined whether departmental

action can be recommended.

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256. Where appeal or revision is recommended, action should not be held up for

want of a certified copy of the judgement. Such comments should be given immediately

on an uncertified copy of the judgement and forwarded to the Head Office in time. A

certified copy of the judgment should be sent thereafter as soon as it is obtained.

257. The following procedure shall be followed in respect of all adverse remarks,

strictures or criticism found in judgments of Courts in ACB Cases.

258. The Joint Directors incharge of Regions will carefully go through judgments

and such records of the case as may be necessary including the documents and records

of the case and of the Court. They will then consider whether any further action is called

for in respect of any adverse remark, stricture or criticism made by the court and whether

it is necessary to obtain the explanation or comments of any I.O./D.S.P. concerned.

After obtaining such explanations or clarifications as may be necessary, they should

consider whether the I.O. or D.S.P. concerned is at fault and, if so, what further action

needs to be taken. The Joint Director will then submit his report to the Head Office for

initiating further action accordingly and deal with and punish those of their subordinate

officers whom they find to have been at fault.

259. Irrespective of their own views on the judgements pronounced by Courts,

the Joint Director concerned and the Chief Legal Officer in Head Office will send, along

with a complete copy of the judgement, a full report to the Head Office in every case in

which an adverse remark or criticism has been passed by a court of law. This report

should be clear and sufficiently detailed and should generally be in the following form:-

(i) Each adverse remark should be reproduced in extense and a serial number

given to it for facility of reference;

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(ii) Each remark should then be analysed and discussed, one after the other;

(iii) The material and the arguments on which each remark is based should be

mentioned;

(iv) Any relevant material that might not have been brought to the notice of the

court or overlooked or ignored should be mentioned;

(v) The explanation of those concerned should be given;

(vi) All points, for and against the remarks, should be discussed and the views

and conclusions of the Joint Director and Chief Legal Adviser be recorded;

(vii) Action, if any, taken or proposed to be taken by the Joint Director/Legal

Officer/Chief Legal Officer should be mentioned at the end of the report.

260. If the adverse remarks are passed in the course of a judgment of acquittal

or discharge, the scrutiny and detailed report on the adverse remarks must not hold up

or delay the report on the merits of the acquittal or discharge. That report must be sent

promptly and the report on the adverse remarks can be sent later, but a reference to that

should be made in the first report also.

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CHAPTER –XV

DUTIES AND FUNCTIONS OF THE STAFF OF HEAD OFFICE.

261. The Directorate of Anti-Corruption Bureau has two distinct wings – namely

(1) The Administration Branch and (2) The Special Branch.

262. The Administration Branch is divided into two sections –

(a) Establishment Section otherwise known as ‘A’ Section, and (b) Accounts and Audit

Section otherwise known as ‘B; Section.

263. The Establishment Section consists of one Office Superintendent, 2 Senior

Assistants, one Junior Assistant and a Typist.

This Section deals with the following subjects:-

1. All service matters of confidential nature including recommendation rolls for

Medals and Awards.

2. Implementation of Inspections of offices by all officers, Manual Orders and

orders of Government issued from time to time on establishment matters.

3. Maintenance of long rolls, S.Bs & S.Rs.

4. Correspondence relating to pay and allowances and increments.

5. Leave.

6. Pensions.

7. Filling up of newly created posts as well as vacancies arising in the normal

course due to retirements, transfers, promotions and other factors, postings, transfers,

watching the progress regarding filling up of vacancies of all ranks in the Bureau and

preparation of panels of officers of various cadres.

8. All disciplinary matters.

9. Proposals for additional staff, submission of proposals for renewals of sanction

of staff etc.,

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10. Welfare activities.

11. Stores.

12. Maintenance of records & Identity cards.

13. Destruction of records.

14. Motor Vehicles and all related correspondence.

15. All other matters relating to Establishment.

264. (i) The Accounts and Audit Section consists of one Office Superintendent,

one Accountant, 2 Senior Assistants, 1 Junior Assistant and 1 Typist.

(ii) This section deals with the following subjects:-

1. All accounts matters, implementation of Government instructions issued

from time to time in Accounts matters and the instructions contained in the Inspection

Manual.

2. Budget preparation – All budgetary matters and correspondence.

3. Compliance reports on various Audit reports.

4. Maintenance of main U.D.P.R. and subsidiary cash books

5. Dealing with cash transactions, and cash chest.

6. Preparation of pay bills of all ranks including supplementary pay bills of

Head Office staff members.

7. Maintenance of F.C. Challan Register.

8. G.P.F. Insurance, C.D and other advances.

9. Reconciliations.

10. All matters relating to Compulsory Deposit Scheme 1974.

11. All T.A. bills and related correspondence.

12. Tour Advances – Recoupment etc.,

13. Maintenance of contingent register and preparation of contingent bills,

and related correspondence.

14. Bus and Railway Warrants.

15. Telephones.

16. Rents, Rates and Taxes.

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17. S.R. Expenditure under S.S.E.18. Training Courses.19. Inward and Outward work and miscellaneous correspondence.

(iii) The following Registers will be maintained in the Administration Branch:

1. Inward Register.

2. Outward Register.

3. Attendance Register.

4. Casual Leave Register.

5. Long Roll Register.

6. Register of Service Books.

7. Personal Registers by each Assistant.

8. T.A. Check Register.

9. Tour Advance Register.

10. Permanent Advance Register.

11. Pay Bills Register

12. Festival Advance Register.

13. Undisbursed Pay Register.

14. House Building Advance Register.

15. Motor Cycle and Cycle Advance Register.

16. Marriage Advance Register.

17. Treasury Bill Book.

18. Appropriation Register.

19. Register of Contingencies.

20. Increment Register.

21. Stationery Articles Stock Register.

22. Register of Printed Books.

23. Register of Furniture etc.

24. Local Tappal Register.

25. Pay Bills Schedule File.

26. Log Books.

27. Register showing repairs, replacements and spare parts etc.,

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28. Register showing the cost of petrol, oil etc.,29. P.R. Register30. S.R. Amounts Register.31. M.O. Register.32. Stock Register of Unserviceable Articles.33. Trunk Calls Register.

265. Both the above sections will strictly follow the instructions contained in the

District Office Manual in the maintenance of files, registers, office system etc.

SPECIAL BRANCH266. The Special Branch deals with all petitions, enquiries and investigations,

maintenance of records, research, planning, indexing etc.

267. This Branch is divided into two sections – one is supervised by Manager-I

and the other by Manager-II. There are 5 S.B. Clerks in each section.

268. In addition, the Managers will personally maintain Master Register such as

Discreet Enquiries Register, Regular Enquiries Register and Registered Cases

Register, besides Trap Permission Registers and Source Information Registers in

respect of the seats of S.B. Clerks working under them. The S.B Managers will

maintain consolidated information in the said Master Registers after collecting the

information from the registers maintained by the S.B. Clerks working under them, so as

to facilitate quick references as also for statistical purposes. The S.B. Clerks shall

maintain the following Registers:

1. Personal Register.

2. Petitions Register, including Discreet Enquiries

3. Regular Enquiries Register.

4. Registered Cases Register.

5. Register showing enquiries referred to the Departmental Authorities for taking

departmental action and enquiries referred to the Tribunal for Disciplinary

Proceedings, Hyderabad.

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6. Court Cases Register showing Appeals and Disposals

7. Files Movement Register.

269. The Periodical returns Register will be maintained by the Manager-II, who

will see that the periodical returns and statements are sent in time.

270. The Joint Directors should inspect the seats under their charge in the

Secret Branch once in every 6 months and inspect at least one seat every quarter. The

Deputy Director (Admn) will inspect 2 seats in every quarter in the Administration

Branch consisting of Establishment Section and Accounts and Audit Section.

271. Three copies of Inspection Notes have to be made out; one copy to be

maintained by the S.B. Clerk or Senior Assistant in a folder, the second copy to be kept

with the Joint Director concerned and the third copy to be routed to the Director through

the Additional Director. Compliance of the instructions contained in the Inspection Note

as well as of directions if any of the Additional Director and Director will be reported on

the basis of remarks made on this copy of the Inspection Note. After it is seen by the

Additional Director and Director, this copy of the Inspection Note will also be filed in the

Inspection Notes Folder.

272. The S.B. Clerks will furnish a copy of punishment Memos in all cases to the

Research & Planning Cell, where a file will be maintained for reference and use in

preparation of Half-yearly and yearly reports etc.,

273. S.B. Managers – I and II, will conduct inspection of seats in their charge

once in two months regularly and submit their Inspection Reports to the Director through

the Additional Director.

274. The Managers should also make surprise checks of the seats of the

concerned S.B. Clerks to ensure that all the currents are attended to promptly and

registers and files are maintained properly.

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275. After the abstracts are prepared every month by the S.B. Clerks, the

Managers will check whether all currents have been properly registered and the

abstracts are prepared correctly.

276. Copies of judgements in the cases of acquittals should be sent to the S.B.

Clerk incharge of Records & Indexing Section who will go into the reasons for acquittals

in detail in consultation with the Legal adviser, prepare notes for each case and submit

them through the Joint Director concerned to the Additional Director and the Director

for information and further orders. After perusal by the officers, where necessary, the

Records & Indexing Section will issue circular instructions to all officers of the Anti-

Corruption Bureau periodically.

RESEARCH & PLANNING CELL277. This Cell deals with the following subjects :-

(i) Matters relating to organisation, policy, and procedure

(ii) Appreciation reports about modes of corruption.

(iii) Special programmes of work, study of various types of cases and various

departments etc.

(iv) All correspondence and general questions relating to policy, Procedures etc.

(v) Vigilance and Security in the Anti-Corruption Bureau.

(vi) Periodicals viz., Monthly and Half – yearly, special and Annual Reports

regarding working of the Anti-Corruption Bureau and various statistics.

(vii) Issue of Instructions and Circulars to officers of A.C.B. on various matters

pertaining to Crime work

(viii) Publicity and Public Relations.

(ix) All work relating to the Annual Programme of work of the Anti-Corruption

Bureau.

(x) C.B.I. Conference.

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278. Besides dealing with all general matters relating to policy, procedure,

organisation, statistical returns as mentioned above, this cell also attends to preparation

of appreciation reports regarding modes of corruption in various Government

Departments and State Government undertakings and preparation of notes for taking

steps for eradication of corruption in Government Departments etc., compilation and

maintenance of lists of notoriously corrupt officers, revision of A.C.B. Manual,

preparation of such other notes and reviews on general matters as may be required,

compilation of list of A.C.B. Officers of doubtful integrity, keeping watch over security

arrangements in A.C.B. Head Office, Range Offices and District Offices, scrutiny of

Reports of the Comptroller and Auditor-General of India in respect of State Government

Undertakings of Andhra Pradesh, and other Audit Reports, all work relating to the

Annual Programme of work of A.C.B. etc.,

279. This section will be under the charge of Manager, who will be responsible

for the work and efficiency of this section and also Records & Indexing Section. He will

work under the supervision of a Joint Director and the Additional Director and Director.

The Joint Director will be directly responsible for arrangements to be made for

Conferences and monthly and quarterly meetings. He will also assist the Additional

Director and Director in supervising and co-ordinating the programme of work of A.C.B.

regarding Vigilance and Anti-Corruption and will arrange High level Vigilance co-

ordination Meetings between the Director, A.C.B. and important Heads of

Departments/State Government Undertakings. He will keep the Director and Additional

Director informed of all matters of interest or importance relating to his work.

RECORDS & INDEXING

280. The Records & Indexing Section will deal with the following subjects :-

(i) Maintenance of Old Files and Records relating to S.B. Sections and

Maintenance of Registers.

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(ii) Indexing of all enquiries Discreet Enquiries, Preliminary Enquiries, Regular

Enquiries and Registered Cases.

(iii) Monthly and Quarterly meetings, etc., and communication of Proceedings.

(iv) Study of Judgment copies to find out defects and lapses in the

investigation/enquiries and observations of Special Judges etc., and submission of

Notes to the Legal Adviser, Anti-Corruption Bureau for analysis.

(v) Annual Conferences etc.,

(vi) Maintenance of old Files and Records relating to S.B. Sections and

Maintenance of Registers.

281. After disposal of enquiries, the concerned S.B. Clerk will send the file and

relevant records if any to the Record Section duly giving page numbers etc., through the

Manager concerned and obtain signature of the Record Assistant. The S.B. Clerk will

make entry in the Register of Files closed and in the Register of Records and keep

them at the appropriate places with the assistance of the Record Assistant. The

records should be arranged as per the instructions mentioned under Head “Chapter-

XIII of Records” of the District Office Manual.

282. Records should be destroyed punctually after the expiry of periods

prescribed in the Government Memorandum No. 2226/SCD/77-2, General

Administration (SC.D) department, dated 10th March, 1980.

(ii) Indexing of all enquiries – Discreet Enquiries, Preliminary Enquiries, Regular

Enquiries and Registered Cases.

283. The object of the Index Section is to build up a store house of information

regarding public servants and such other persons/firms/concerns etc., as were involved

in offences investigated by the Anti-Corruption Bureau : or in respect of whom Index

Cards are required to be maintained, and to supply such information to the Investigating

Officers for the purpose of their location and identification.

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284. The Incharge of Index Section shall :-

(a) Prepare and maintain uptodate index cards in respect of public servants,

other persons/firms/concerns etc.,

(b) Prepare and revise lists of the individuals or firms/concerns banned or

debarred either under the standardized codes or under the Import Trade Control

Orders, 1955.

285. Index Cards are maintained for all persons, firms etc., involved in D.Es.,

R.Es., and Registered Cases from the year, 1961 onwards and also in those R.Cs. and

R.Es. of previous years in which investigation, trial or departmental action was

concluded after the year, 1961.

286. The cards will be prepared and maintained under the appropriate

categories and they will be arranged alphabetically under each category. Index Cards

shall be maintained in this section for :

(a) Public Servants, except Class-IV Employees.

(b) Private Persons/parties/concerns etc., involved in A.C.B. Cases along with

public servants.

(c) Public Servants of State Government undertakings, Corporations, Boards etc.,

(d) Private persons/firms/concerns etc., who are banned or debarred from

business, either under the standardized codes or under the Import Trade Control Order,

1955.

(e) Persons or parties who are in the habit of sending complaints or giving

information and against whom there is reasonable suspicion that they are indulging in

black mailing or who are suspected of deriving undue advantage.

(f) Private Detective Agencies, whether run individually or jointly.

287. The cards against Public Servants shall contain the following items :-

1. Name of the Officer & Aliases

2. Parentage.

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3. Date of birth

4. Date of entry into Government Service

5. Designation

6. References

7. Information

288. The cards for private persons shall contain the following columns:-

1. Name of the individual and Aliases

2. Parentage

3. Date of birth/Age

4. Official or Business address

5. Residential Address

6. Permanent Home Address

7. References

8. Information

289. The name cards for firms/concerns/organisations/ societies shall contain

the following information :-

1. Name

2. Address

3. Allied concerns

4. Managing Director/Proprietor/Partners

5. No. of D.E/PE/RE/RC with date of registration

6. Information/Nature of allegations in brief

Note:- Information means the information received or the allegations mentioned in the F.I.R. shall be recorded.

290. The final orders passed regarding the disposal of the case as well as the

result of the trial or departmental action shall be noted on the index cards. The results

will be noted by using brief nomenclatures such as conviction, acquittal, discharge,

dismissal, removal or reduction etc., mentioning the reference of the department.

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291. As soon as a D.E. or R.E. or R.C. is registered, the S.B. Clerk incharge of

this section shall collect the particulars from the concerned Register and open the Index

card with available information. After completion of the enquiry, all columns have to be

filled in.

292. The S.B. Clerk should furnish a note fortnightly that he has collected all

information from the Registers of D.Es., R.Es and R.Cs and opened the Index Cards.

He shall also submit a note that he had filled in other details in the Index Cards after

submission of final reports to Government and after receipt of final orders in the

enquiries/R.Cs. The Manager in-charge will check up this aspect periodically, and give

a report to the superiors to the effect that the Index Cards are prepared and completed

in all respects to the extent possible.

293. Whenever any information is required form the Index Section, a requisition

has to be issued. A record of requisitions will be maintained year-wise by the Index

Section as well as by the Requisitioning Officer. All requisitions should be attended to

systematically.

294. The Index card for a public servant shall be maintained till the date of his

leaving service. Similarly Index cards for firms/private persons etc., shall be maintained

for 10 years from the date of last decision or till the closure of firms or death of persons.

Weeding out of index cards in this manner shall be done once in a year. Whenever

cards are destroyed, the fact of destruction should be entered in the Index Cards

Register and initialled in each case by the Manager.

295. The Manager will exercise close supervision and control over the Index

Section. He will check some cards and files periodically to ensure that the work is being

done correctly and promptly.

296. The Joint Director concerned will inspect the work of the Section once in a

half year and submit a report.

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(iii) Quarterly, Half-yearly and Annual Meetings etc., and communication of the

Proceedings.

297. The S.B. Clerk will communicate the date of Quarterly, and Half-yearly

Meetings and Annual Conference to all the concerned well in advance. After receipt of

subjects from the officers, Agenda will be prepared for Quarterly & Half-yearly

Meetings/Annual Conference and communicated to all concerned well in advance of the

Meetings/Conference. He will also prepare draft proceedings after the

meetings/conference and submit to the Director, A.C.B. through the concerned. After

the approval of the draft, fair copies will be made and communicated to all the

concerned officers of A.C.B. Follow-up action in pursuance of the decisions taken in the

meetings/conference will be taken whenever necessary.

(iv) Study of Judgement copies to find out defects and lapses in the

investigation/enquiries and observations of Special judges etc., and submission of

Notes to the legal Adviser-cum-Spl. Public Prosecutor, A.C.B., Hyderabad for analysis.

298. All S.B. Clerks, on receipt of copies of Judgments of either Special Courts,

or High Court of Supreme Court, should mark a copy of Judgement to the Records and

Indexing Section forthwith. The S.B. Clerk will go through the copy of Judgement in

detail and submit his report to the Legal Adviser-cum-Special Public Prosecutor meant

for this purpose along with copy of judgment for analysis. On the basis of analysis of

judgements by Legal Officer in acquittal cases, particularly pointing out lapses or

defects in investigation or other legal aspects, the S.B. Clerk will submit a draft circular

to be sent to all I.Os for approval of the Director so that the I.Os may try to avoid similar

lapses, omissions or commissions in future.

299. The Joint Director incharge of R.P.C. and Records & Indexing Section will

also exercise supervision and control over all items of work of the section.

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CHAPTER XVI

PUBLICITY

300. Prompt publicity in respect of cases/enquiries of the Anti-Corruption Bureau

resulting in conviction or departmental punishment and such other successful

operations of the Anti-Corruption Bureau as indicated in the following paragraphs is

essential and should be done by releasing to the press carefully vetted information

about them.

301. Publicity through Press communiqués can be made on the following

occasions:-

(i) Successful search or laying of a trap;

(ii) Actual filing of a charge-sheet in a Special Court;

(iii) Conviction in a Court of Law cases in which substantial sentences of

imprisonment or heavy fines have been imposed.

(iv) Departmental punishment-cases in which orders for dismissal or removal

from service have been passed as a result of disciplinary proceedings.

302. Any release to the press must be made only by the Director.

303. The Press communiqué should ordinarily give the name of the accused

person (where permissible), his designation, the sentence or punishment awarded to

him, and thereafter the charges proved should be mentioned. Any other points of

interest might later be mentioned e.g., heavy amount involved in an embezzlement,

heavy amount taken as bribe, value of goods forfeited by the Special Court etc., various

tactics adopted by the accused to delay the trial should be mentioned. The Press

communiqué should end by saying that the case was investigated by the (Name of the

Range).

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304. Where a case is registered or an arrest is made or a search is carried out

and something substantial is found, there should be no objection to publicity being given

of the person involved, the department to which he belongs and the nature of the

allegations but no name need be given.

305. Information of searches and seizures should be promptly communicated by

the concerned Range Officers to the Head Office so that the information may be

furnished to the Press without loss of time.

306. When cases are taken to a Special court against an officer, publicity may

be given, as soon as the case is put in the court, regarding the nature of the offence and

the designation of the officer. The name of the officer should not be published.

307. In cases in which officers are prosecuted in a court of law and convicted,

the main facts of the case and relevant details of the cases should be given as also the

name and designation of the officer, and the sentence awarded.

308. In cases which are not taken to a court, but in which only departmental

action is taken, no publicity should be given till the conclusion of such proceedings.

309. In disciplinary cases not ending in a major punishment, publicity may be

given regarding the designation of the officers, details of the cases and the punishment

awarded to them. In no case, should the names be published.

310. In disciplinary cases ending in a major punishment like dismissal, removal

or compulsory retirement, the name, designation, department and all other particulars

should be published. However, no publicity should be given to the name of the officer

reduced in rank as the person concerned will be still in service.

311. Publicity in respect of persons convicted or on whom major punishments

are inflicted should be done periodically over the Radio, T.V. and in the Press, even by

way of paid advertisements, under the caption “Do you Know”? “Corruption does not

pay” etc.,

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CHAPTER – XVII

LEGAL ASSISTANCE FOR THE BUREAU

312. Legal assistance is available to the Bureau in the form of Chief Legal

Adviser, Special Public Prosecutors, and the Director and the Addl. Director of

Prosecutions, who are all Legal Advisers to the Director, besides the Standing Counsel

for the High Court.

313. The Special Public Prosecutors are incharge of prosecution of A.C.B. cases

in the Courts of Special Judges for A.C.B. cases (G.O.Rt.No.242, G.A. (SC-D) Dept.,

dated 27th February, 1969).

314. Legal Advisers furnish written opinion in respect of all regular enquiries and

regular cases on receipt of final report part-I from D.S.P. of the Range concerned. Then

opinion will be attached to the final reports and sent to the Government with the report

of the Director. In cases where there are lacunae in investigation which require further

investigation, the Legal Adviser advises the Director accordingly and the Director

arranges for further investigation. The Legal Officers should not depend entirely on the

final report of the Investigating Officer nor base their comments only on what is stated

therein. They should examine case diaries, material documents, exhibits etc., before

offering their comments. They will be held responsible for the points mentioned by

them in their comments.

315. In case where criminal prosecution is to be launched, the legal officer, who

gave the final report Part-II, should scrutinize the charge sheets and ensure that ---

(a) they are prepared in accordance with the law and are complete and correct in

all respects;

(b) the list of witnesses and documents are correctly entered in the charge-sheet

or attached thereto;

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(c) no names of witnesses or documents necessary to prove the prosecution can

be omitted;

(d) no defects or omissions in the investigation pointed out by them have

remained unrectified or unexplained.

( ACB Head Office Standing Circular No.8/73 (Rc.No.26/S2/73), dated 27th April, 1973).

316. The Legal Adviser-cum-Special Public Prosecutor should also be consulted

in the matter of interim attachment of properties and other legal problems that may arise

during the course of investigation of cases.

317. The Legal Adviser-cum-Special Public Prosecutor and the Director & Addl.

Director of Prosecution will furnish a return every month by the 2nd of the succeeding

month, to the Director, Anti-Corruption Bureau, showing the pendency of Anti-

Corruption Bureau cases in the Special Judge’s Court and the progress made in each

case during the preceeding month.

318. The Legal Adviser-cum-Special Public Prosecutor will be responsible to see

that summons to witnesses etc., are issued from the concerned Courts in proper time

and handed over to the concerned Range Officers/Investigating Officers, for causing

service on the concerned.

319. He will ensure that warrants are obtained for the arrest of absconding

accused persons and that necessary action is taken under sections 82 and 83 of

Cr.P.C.

320. He will also assist and advise the Investigating Officers whenever required

for taking further course of action on legal points arising during the course of

Investigation.

321. He will keep the Director/Addl. Director, A.C.B. informed of all important

matters concerning the work of the Court concerned etc.

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322. He will submit court diaries about the cases being conducted by him in time

to the Directorate showing all developments in all cases under his charge. He will also

perform such other duties as may be allotted.

323. The Director of Prosecutions and Addl. Director of Prosecutions attend to

the work in the Tribunal for Disciplinary proceedings. They work directly under the

Director/Addl. Director, Anti-Corruption Bureau.

324. After completion of investigation/enquiry of cases, the concerned Legal

Officer will be consulted for his opinion. The Director/Addl. Director will take a decision

whether to prosecute the A.O. or place the A.O. before T.D.P. or to recommend for

departmental action keeping the opinion of the Legal Officer in view.

325. The Chief Legal Adviser may give his opinion in all important cases

(Registered cases and Regular Enquiries) in which his advice is sought by the

Director/Addl.Director. Generally, they will be cases of disproportionate assets and

traps against senior gazetted officers and serious irregularities committed by engineers

and other technical personnel at senior levels. He may also conduct prosecution in

important cases that may be marked to him by the Director.

326. He will give his remarks on all acquittals and suggest further course of

action as well as remedial measures to avoid such lapses in future.

327. He will put up draft circulars on legal aspects of cases and

enquiries/investigations in the light of rulings of High Courts and Supreme Court,

outcome of A.C.B. cases in the Special Courts, and Tribunal for Disciplinary

Proceedings etc.

328. He will attend to such other legal work as may be entrusted to him by the

Director/Additional Director in relation to the functioning of the Anti-Corruption Bureau.

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329. The Standing Counsel will maintain liaison with the High Court and

Supreme Court and will look after and pursue all appeal cases. He will appear

personally and argue cases of Anti-Corruption Bureau in appeals filed before the High

Court of Andhra Pradesh and A.P. Administrative Tribunal.

330. He will also appear as Presenting Officer in enquiries against Officers,

where specifically appointed before Commissioners of Enquiries. He may also handle

important cases as may be entrusted to him before the Special Judge for SPE and ACB

Cases. He will also give opinion in Anti-Corruption Bureau cases whenever asked for

by the Director/Additional Director.

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CHAPTER – XVIII

SPECIAL COURT FOR ANTI-CORRUPTION BUREAU CASES

331. All cases charge-sheeted by the Anti-Corruption Bureau under the

Prevention of Corruption Act or under Sections 161 to 165-A of the I.P.C. are to be filed

before the Special Judge for Anti-Corruption Bureau cases at Hyderabad or

Visakhapatnam, as the case may be. These offences are triable by a Special Judge

only under section 7 (1) of the Criminal Law Amendment Act of 1952.

332. The Special Courts send summons to the concerned Investigating Officers

of Anti-Corruption Bureau for all official and non-official witnesses for causing service on

them. Summons intended for service on official witnesses, are sent to the concerned

departments for service in time with a request to send the acknowledged summons

direct to the Special Court. For this purpose, the Inspectors have to ensure that the

summons issued by the Court of the Special Judge are served expeditiously and the

served summons are sent back to the Court sufficiently early so that the Special Judge

could know which witnesses are attending, and which witnesses are not, to enable him

to so arrange the trial work that it is completed expeditiously. The Inspectors incharge of

the case should personally attend the court during all the dates of hearings, particularly

when important witnesses are to be examined.

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132

CHAPTER – XIX

TRIBUNAL FOR DISCIPLINARY PROCEEDINGS

333. The Tribunal for Disciplinary Proceedings existing in the erstwhile

Hyderabad State was continued in the enlarged State of Andhra Pradesh after its

formation on 1-11-1956.

334. When the evidence against an officer is not sufficient for prosecuting him in

a court of law, the Government may decide to place the officer whose basic pay is not

less than Rs.600, on his defence before the Tribunal for Disciplinary Proceedings.

However, officers whose pay is less than Rs.600 but against whom similar charges have

been held proved or who figure as co-accused can also be placed on their defence

before the TDP for a joint enquiry with officers whose pay is not less than Rs.600.

335. The Tribunal is assisted by the Director of Prosecutions and Additional

Director of Prosecutions, who lead evidence on behalf of the Anti-Corruption Bureau.

Normally there is a Director or an Additional Director of Prosecutions attached to each

Member of the T.D.P. Besides this, the Government have also made a provision that

the Director or Additional Director of Prosecutions shall lead the prosecution evidence in

addition to or in lieu of the I.O. of the A.C.B. on behalf of the Government

(G.O.Rt.No.791, G.A. (SC.D) Dept., dt.5-5-65, 1499, dt.27-8-66, G.O.Ms.No.1183, dt.

20-9-66 and G.O.Ms.No.451, (Ser.C) Dept., dt. 29-3-66).

336. The Tribunal after it completes an enquiry against a Government

Servant charged, submits its report to the Government along

with its recommendations. The matter is thereupon finally decided

by the Government, along with the final order, a copy of the Tribunal

report is made available to the Anti-Corruption Bureau by the Government

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(Government Memo.No.2317/Ser-D/73, G.A. (Ser.D) Department, dt.25-6-1974).

337. The Director, Anti-Corruption Bureau may peruse the report of the Tribunal

for Disciplinary Proceedings to check if there has been any failure on the part of

prosecution and take suitable remedial measures thereon if necessary. No comments

are to be made by the Anti-Corruption Bureau on the report (including the findings) of the

T.D.P.

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CHAPTER – XX

ACTION AGAINST RETIRED GOVERNMENT SERVANTS

338. On the retirement of a Government Servant, the Conduct Rules shall cease

to apply. Hence, no inquiry falling within the scope of the Conduct Rules and

Classification, Control and Appeal Rules, can be started against a retired Government

Servant. There is, however, no such embargo if the subject matter of inquiry attracts the

provisions of Indian Penal Code, like misappropriation, forgery, cheating, possession of

disproportionate assets and the like, where an inquiry/investigation would be necessary

as a prelude to the institution of Criminal Proceedings against a retired Government

Servant. In such cases, an inquiry/investigation may be conducted by the A.C.B. till a

prima facie case is made out and a report submitted. On a consideration of this report,

the competent authority may pass appropriate orders.

339. Though a retired Government Servant is not governed by the provisions of

the Conduct Rules, for the purposes of fixation, regulation and payment of pension, he is

governed by the provisions of the Andhra Pradesh Pension Code or the Hyderabad Civil

Services Rules, as the case may be. The provisions of the Andhra Pradesh Pension

Code or the corresponding provisions of the Hyderabad Civil Services Rules in

accordance with which inquiries can be taken up, with or without limitation of time factor,

are discussed hereunder.

340. If it is proposed to continue A.C.B. enquiries after the retirement of a

Government Servant, such enquiries can only result in criminal prosecution or action

under article 351, 351-A or 470 of the A.P. Pension Code or Rules 238, 239, 239-A or

235 and 236 of the Hyderabad Civil Services Rules. Extracts of the above provisions

are at Annexure-VII.

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341. In order that such action may be taken under the Pension Code, the

following guidelines may be followed:

(a) The A.C.B. shall intimate the competent authority through the Government

that an A.C.B. enquiry is pending and the pension of the officer shall not be finalized,

pending completion of the enquiry. There is, however, no objection to the sanction of

provisional pension.

(b) Action under Article 470 of the Pension Code can be taken before the pension

is sanctioned without any formal enquiry, but a show cause notice shall be issued and

reply considered before pension is reduced.

(c) Action under Article 351-A of the Pension Code can be taken only in respect of

matters which are not more than four years old on the date of service of the

memorandum of charges.

342. An officer may be allowed to retire when the inquiry has already been

entrusted to the TDP/Dept., (including service of the memorandum of charges) in cases

where punishment, if any, to be inflicted, can only be reduction in pension. In cases of

this type where the officer was placed under suspension beyond the date of

superannuation, he may be retired immediately after the service of the memorandum of

charges on him. If no such memorandum has been served on the officer or if he has not

been placed under suspension, no enquiry can be taken up by the Tribunal against such

officer, after retirement as he would no longer be a Government servant.

343. Criminal prosecution can be instituted against Government Servants even after

their retirement. The provisions of the Prevention of Corruption Act, are applicable to all

Public Servants, irrespective of the fact whether they were in service or not at the time

when prosecution was launched. The mere fact that a public servant ceased to be a

public servant after the commission of the offence would not absolve him of

his crime. Prosecution under sections 161 and or 165 IPC R/W Section

5 (1) (a) and 5 (2) of the Prevention of Corruption Act, is not controlled or restricted

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or trammalled in any manner by the Pension Code. The provisions of the Pension Code,

may, if at all, be relied on, only for safeguarding the pension and cannot be pressed into

service to defeat a prosecution. The period of 4 years contemplated under article 351-A

of the Pension Code cannot be utilized for avoiding prosecution under section 161 or

165 IPC R/W section 5 (1) (a) and 5 (2) of the Prevention of Corruption Act. Retirement,

resignation, dismissal or removal of a public servant would not absolve him of the

offence which he had committed while in service, (P.V. Venkatavardhan Vs. The

State of Tamilnadu MLJ. 1979 Cr.275).

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138

CHAPTER – XXI

LIAISON AND CO-OPERATION WITH AND BY OTHER DEPARTMENTS

344. In cases where the Government gives a direction to the Anti-Corruption

Bureau to conduct regular enquiries, the Heads of Departments and departments of

Secretariat should not proceed with parallel enquiries and they should hand over all the

connected records and also co-operate with or assist the officials of the Anti-Corruption

Bureau during the course of the enquiries. (Government Memo. No.2848/SCD/66-2,

General Administration (SC.D) Department, dated 28-10-1966).

345. Collectors working in Districts are the Chief Vigilance Officers of their

respective districts. The District Anti-Corruption Bureau Inspectors shall meet the

respective Collectors of districts periodically, not less than once a month and acquaint

him with the state of corruption in services in the district.

346. Anti-Corruption Bureau Officers, will not take up any enquiry at the instance

of any departmental authority/Collector but should do so only on receipt of orders from

the Director. (A.C.B. Head Office Standing Circular No.6 (65/ACB/67) Dt. 14-6-1977).

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140

CHAPTER – XXII

RECORDS/DOCUMENTS, COLLECTION, CUSTODY AND RETURN OF

DISCREET ENQUIRY :

347. When a discreet enquiry is ordered, the original petition forming the basis of

the Discreet Enquiry will be sent to the Range D.S.P. along with two copies, retaining

one copy in the Head Office. The range D.S.P. retains one copy in his office and sends

the original petition along with the second copy to the Inspector, if the discreet enquiry is

entrusted to the latter. On completion of Enquiry, the original petition will be sent along

with the discreet enquiry report to the Director.

348. For perusal or collection of records available with the Government,

requisitions have to be sent from the Directorate. Therefore, I.Os. should write to the

Head Office for addressing the Government for perusal of particular records or to make

them available to the I.O. As the files of the State Secretariat often contain minutes of

Ministers, Cabinet decisions, etc., they are not to be made available without sufficient

justification.

REGULAR ENQUIRIES :

349. The Heads of Departments or Offices shall, when called upon to do so,

normally furnish the relevant official records for reference to Officer of the Anti-

Corruption Bureau not below the rank of Deputy Superintendent of Police in respect of

cases against Gazetted Officers and an Inspector or his equivalent in rank in the A.C.B.

in respect of cases against Non-Gazetted Officers. In the cases of extremely

confidential and privileged documents, orders of the Government will be taken before the

records are handed over to the requisitioning authority.

350. In the course of regular or open enquiry,

the Anti - Corruption Bureau can take over possession of such official

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records as are required from the departments concerned for reference and use in the

Regular Enquiry/Registered Case. Witnesses also have to be examined with reference

to the records. The I.Os. of the A.C.B. should list out the records required in a particular

enquiry on the basis of the allegations and requisitions have to be made to the

concerned Heads of Departments/Offices by the concerned Deputy Superintendents of

Police, for supply of the said records. Wherever necessary such requisitions should be

made in consultation with the Technical and Specialist Officers of the Bureau viz., the

Deputy Director (Forests), the Deputy Director (Engg.), the Deputy Director (Revenue)

and Assistant Director (Commercial Taxes) as the case may be. Deputy

Superintendents of Police can similarly address Heads of Departments for supply of

Annual Immovable Property Statements of the Accused Officer and also call for

particulars of properties in the proformae statements supplied by the Anti-Corruption

Bureau.

351. When production of records from a Head of Department/Office is sought, the

Anti-Corruption Bureau should, -

(a) state the particulars of records which are required in connection with the

enquiry indicating the reasons for perusal of each of such records;

(b) make the requisition from an officer not below the rank of a D.S.P. of the

Bureau.

(Govt. Memo.No. 1964/SC.D/73-4, General Administration (SC.D) Department, dt.

15-3-1975)

352. Regarding records with the Government, the Director, Anti-Corruption

Bureau should be requested by the concerned I.O. for addressing the Government to

supply the records available with the Government for use in the Regular

Enquiry/Registered Case. In the requisition to the Government, the Director, A.C.B.,

should state the particulars of records required for enquiry indicating reasons for perusal.

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353. In cases where records such as vouchers, cheques, etc., are required from

the office of the Accountant – General, A.P., the I.O. should address the Director, A.C.B.

who in turn will address the A.G., A.P., Hyderabad to hand-over the documents required

to the I.O. (** Circular No.21/d/58-PD, dt. 30-4-79 from the CBI (MHA) New Delhi,

Lr.No.4305/Tech. Admn. 1/275-67, dt. 19-11-68 from Comptroller & Auditor-General of

India, New Delhi and Govt. Memo. No.2441/SCD/76-2, Genl. Admn (SC.D) Dept., dt.9-5-

1977). In the Office of the A.G., photostat copies of the document(s) required by the I.O.

are taken and handed over to the I.O. In cases where the documents are voluminous,

copies may be made by microfilming instead of photostat copies, provided the cost on

microfilming is comparatively less than photostating. Orders have been issued by the

Comptroller & Auditor-General of India, New Delhi, that a branch officer in-charge of

administration in each audit office is nominated as Liaison Officer for the purpose of

arranging delivery of original records to the I.O. on proper requisition from the competent

authority. The I.O. should contact the Liaison Officer in the concerned section of the

A.G’s. Office and take his help for securing the required records. The records will be

delivered after obtaining the approval of the concerned D.A.G., D.A.A., or the A.G. as

may be necessary.

354. It is permissible under the Income-tax Act, 1961, subject to the provision of

any notification issued under section 138 (2) of the Act, to obtain any information in

respect of the assessment of any assessee and also ask for the inspection of

assessment records or any other information contained therein either by making

an application under section 138 (1) of the Act, or by sending a requisition under section

91 Cr.P.C. or from any list of assesses published by the Central Government under

section 187 of Income-tax Act. This latter source of information would not

ordinarily be available, as the Ministry of Finance do not propose to publish

assessment figures in all cases. The I.Os. of A.C.B. should therefore obtain the

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requisite information as a rule, by sending a requisition under section 91 Cr.P.C. of 1973

instead of making an application under section 138 (1) of the Income Tax Act, 1961.

355. (1) The Government have communicated in Memo. No.1800/SC-D/84-2,

General Administration (SC-D) Department dt. 30-1-1985 and in endorsement

No.245/SC-D, General Administration (SC-D) Department, dt. 4-5-1985, two notifications

issued by the Government of India. The notification in S.O. No.6101 issued by the

Government of India, Ministry of Finance (Department of Revenue) dt. 8-1-1985 is as

follows:-

“S.O. 6101: In pursuance of Sub-Clause (ii) of Clause (a) of Sub-Section (1) of

Section 138 of the Income Tax Act 1961 (43 of 1961), the Central Government hereby

authorizes all Class I Officers of the Anti-Corruption Bureau, Hyderabad for the purposes

of the said Sub-Clause”.

(2) The Notification issued in S.O. No.6196 is as follows:

“In pursuance of Sub-Clause (ii) of Clause (a) of Sub-Section (1) of Section 138 of

the Income-Tax Act, 1961 (43 of 1961), the Central Government hereby specifies the

Director, Anti-Corruption Bureau, Hyderabad, Government of Andhra Pradesh and any

other officer duly authorized by him in writing in respect of a specific case for the

purposes of the said sub-clause”.

(3) In pursuance of the above two notifications, the I.Os. of the A.C.B. can

requisition during Regular Enquiries, the required information through the Head Office by

filing an application in Form No.46 in terms of Section 138 (1) (b) of the Income Tax Act,

1961 read with rule 113 of the Income-Tax Rules.

356.(1) In all the Registered Cases, the IOs can invoke the inherent powers vested in them as

officers incharge of Police Stations and make written requisitions under section

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91 (1) Cr.P.C. to the Income-tax officers in whose possession the required income-tax

documents/files are available to make them available for perusal and scrutiny. Where

copies of such income tax documents/files are required, the I.Os. should take

possession of the relevant papers after giving proper acknowledgment, get xerox copies

made in a day or two and return the originals.

(2) The Commissioners of Income-Tax, A.P. in a Joint Circular Memo. Vide ref. Hqrs.

I/Con./84-85, dt.30-4-1985 have issued instructions to all the Income-Tax Officers and

Inspecting Assistant Commissioners of Income-Tax in A.P. stating that Section 138 of

the Income Tax Act does not create a bar to apply for requisition under section 91/94

Cr.P.C. which give definite power to a court or to an officer-in-charge of a Police Station

for the purpose of seeking production of documents. They have further clarified that

since the Directorate as well as all District Offices of the A.C.B. have been notified as

Police Stations, any requisition from the A.C.B. Officers concerned will have to be

complied with in view of the specified powers conferred on them under section 91/94 of

the Cr.P.C.

357. It should be considered as sufficient compliance of an order under section

91 Cr.P.C. by Banks or Public Offices if the required documents or books are shown or

produced at the Bank Premises or in Public Offices as the case may be. I.Os. should

not insist on an officer of the Bank attending and producing the records at any place

other than the Bank Premises.

358. Under Section 5-A(2) of the Prevention of Corruption Act, 1947, certified copies

of the relevant entries relating to the accounts in the Banker’s Books of any person

suspected to have committed any offence under Sections 161, 165, 165-A IPC

or Section 5 of the Prevention of Corruption Act, 1947, or of any other person

suspected to be holding money on behalf of such person can be taken or caused

to be taken and the bank concerned is bound to assist in the exercise of these powers. These

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powers can, however, be exercised only by a Police Officer empowered to investigate

under Sub-Section (i) of Section 5-A of the Prevention of Corruption Act, 1947; provided

that it shall not be exercised by a Police Officer below the rank of a Superintendent of

Police, unless he is especially authorized on this behalf by a Police Officer of or above

the rank of a Superintendent of Police.

359. In cases where the connected records are required simultaneously by the

A.C.B. and also the Department in any disciplinary proceedings and the receipt of files

taken by the A.C.B. cannot be awaited and further action is urgently called for without

loss of time, the Departments of Secretariat or the Heads of Departments or Collectors

may obtain authenticated extracts or photostat copies of the relevant portions of the

record with a view to dispose of pending disciplinary cases or any other urgent matter

which cannot wait till the return of files by the A.C.B. (Govt. Memo.No.443/SCD/78-2,

Genl. Admn. (SC.D) Dept., dt. 3-6-1978).

360. If any information or records are required from the Departments of other States

in connection with enquiries or investigations, the Inspectors should send requisitions to

the Director, A.C.B., who will in turn address the State Government for collection of

information or records from the Departments of other States (G.O.Ms.No.582, Genl.

Admn. (Political-B) Department, dt. 26-9-1968, & A.C.B. Head Office

Memo.No.71/S2/70, dt.5-10-70).

361. All records so collected will be kept in the safe custody of the I.O. after properly

indexing and putting page numbers. Care should be taken to ensure that the records

are not destroyed by termities or any other source or otherwise tampered with (A.C.B.

Head Office Memo, Rc.No.38/S2/68, dt. 19-2-1968).

362. During the course of investigation of cases registered under the Prevention

of Corruption Act or under Sections 161, or 165 or 165 -A -IPC., the

I.O. can invoke powers to seize records under Section 94, 102 and 165 Cr.

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P.C. immediately after a trap and house search, records relevant to the case and

incriminating documents should be seized under a search list either from the office or

residential premises (or both) of the A.O. Permission of the Spl. Judge for SPE & ACB.,

Hyderabad, should be obtained to retain such records as are needed for investigation

purposes and the remaining records should be sent to the Court. A copy of such search

list under which the records were seized should be furnished to the A.O. under

acknowledgement.

363. All records so collected should be kept in safe custody of the I.O after properly

indexing them and giving page numbers.

364. If from information received or otherwise, the I.O. of the A.C.B. has reason to

suspect the commission of an offence which he is empowered to investigate under sub-

section (1) of section 5-A of P.C. Act and considers that for the purposes of

investigation or inquiry into such offence, it is necessary to inspect any banker’s books,

then, notwithstanding anything contained in the law in force, he may inspect any

banker’s books in so far as they relate to the accounts of the person suspected to have

committed that offence or of any other person suspected to be holding money on behalf

of such person. He will take or cause to be taken certified copies of the relevant entries

therefrom, and the bank concerned shall be bound to assist the I.O. of the A.C.B., in the

exercise of his powers under this sub-section.

365. Provided that no powers under this sub-section in relation to the accounts of

any person shall be exercised by a Police Officer below the rank of a S.P., unless the

Inspector of Police, D.S.P. A.C.B. is specially authorized in this behalf by a Police

Officer of or above the rank of a Superintendent of Police. Therefore, the D.S.P.,

Inspector of Police, ACB, whoever conducts investigation should first come up with a

requisition for issue of authorization by the Joint Director/Addl. Director/Director, ACB,

before exercising this power.

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366. If there is reliable information during the investigation that incriminating

documents relating to the case are secreted in the houses of relatives or friends of the

accused officer, those houses can also be searched after obtaining warrants either from

a First Class Magistrate or in accordance with Section 165 of the Criminal Procedure

Code.

367. Along with report of Regular Enquiry, the records connected with the enquiry

and the statements of witnesses in original have to be sent to the Govt. Therefore, the

Officer incharge of the Range should invariably furnish to the Head Office along with his

final report, all the connected records whether an allegation has been held

substantiated or not and the statements of all witnesses in original. In cases registered

and investigated under the Prevention of Corruption Act, the case diary file also should

be submitted to the Head Office.

368. Along with the draft final report, the DSP/Inspector should enclose an Index

Report. This Index Report should be prepared as per the instructions issued in Circular

Memo No.1/S1/77, dt.13-5-1977 to contain lists of witnesses and documents etc. In

respect of criminal cases, this requirement is covered by the memo of evidence.

369. Two lists of records should also be sent along with the records to the head

office in a sealed envelope and acknowledgement should be obtained.

RECORDS TO BE SENT TO DEPARTMENTS FOR CONDUCTING DEPARTMENTAL ENQUIRY

370. On the basis of the recommendations of the Bureau if the case is referred by

the Govt. to the Department concerned for instituting disciplinary proceedings, the

relevant statements of witnesses in original and records pertaining to the allegations

held proved against the accused officer should be sent to the concerned Head of the

Department from the Head Office or by the Investigating Officer on receipt of Govt.

orders.

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371. After disposal of the departmental enquiries by the departments concerned and

issue of final orders, the records will be returned to the Director, A.C.B., by the

concerned departments along with a copy of final orders issued by them. While

communicating a copy of the final orders to the I.O., the Director will also intimate about

receipt of the records in the Head Office. The concerned Inspector will then collect the

records from the Head Office and return them under proper acknowledgement to the

office(s) from which they were obtained. Only after doing so, will the file be closed by

the I.O.

372. In respect of the allegations held not proved, all the records relating to such

allegations collected from the concerned offices, should be returned wherever possible

by the concerned Inspectors of Police, under proper acknowledgment after they are

received from the Head Office. This should be done within a month.

ENQUIRIES AGAINST OFFICERS OF THE ALL INDIA SERVICES AND OTHER SENIOR OFFICERS OF THE STATE GOVERNMENT.

373. In respect of disciplinary cases arising out of investigations or enquiries by the

A.C.B. against officers of A.I.S. or other senior Officers such as Heads of Departments,

the Govt. may require that draft charges may be furnished to them. The Bureau should

furnish to the Govt. along with the draft charges, a statement of imputations against the

delinquent officer concerned together with original statements of witnesses. All records

connected with the disciplinary enquiry should also be sent to the Govt. in the

administrative department concerned, if they have not already been submitted along

with the final report of the Bureau.

374. The D.S.P. of the Range concerned should prepare the draft charges and

furnish the original statements of witnesses and relevant records to the Head Office,

who in turn will transmit them to the Government after scrutiny.

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375. After an Enquiry Officer/Inquiry Authority is appointed and all the relevant

records and documents are sent to him by the Government, Government appoint either

the Director or the Additional Director of Prosecutions as Presenting Officer to present

the case for the prosecution, during the enquiry. The concerned D.S.P./Inspector

should assist the Presenting Officer in preparing the case, leading evidence for the

prosecution before the Enquiry Officer/Inquiry Authority and in getting relevant

documents filed as exhibits, etc.

376. After the completion of the enquiry, the Inquiring Authority submits his report and

relevant records to the Govt., who after disposal of the case, sends a copy of the final

orders and return the records to the Director, A.C.B. The concerned Inspector should

then collect the records from the Head Office and return them under proper

acknowledgement to the office(s) from which they were obtained. Only after returning

all the records, the files should be closed by the I.O.

RECORDS TO BE FILED BEFORE THE T.D.P.

377. On receipt of orders of the Govt. that the case has been referred to the T.D.P.,

the Head Office will instruct the concerned D.S.P./Inspector to file the records and

statements of witnesses in original before the TDP within a week (ACB

H.O.Memo.No.57/S1/69, dated 11-11-69). While filing the records, the following points

have to be borne in mind and procedure observed, in preparing list of documents etc.,

(ACB H.O. Memo.No.93/S1/68, dated 11th September, 1969 and Govt. Memo. No.1823,

Ser.D/68-14, Genl. Admn. (SER-D), Department, dated 13-9-1968)

1. List of documents together with a list Only relevant records of references leading to those docu- and documents and not ments on which the case or the pro- the entire file in which secution is based. these documents or re- ferences are contained.2. Records in original as per the list men- tioned at S.No. 1 above.

3. Copies of statements of witnesses as required by the TDP depending on number of charged Officers.

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378. After filing the documents etc. compliance reports should be submitted to the

Director, followed by progress reports till the closure of the enquiry.

379. After completion of the enquiry before the TDP, the relevant records are sent to

the Government along with its report by the Tribunal.

RECORDS TO BE FILED IN THE SPECIAL JUDGE’S COURT:

380. With regard to criminal cases, on receipt of sanction orders from the competent

authority according permission to prosecute the accused officer in a Court of Law, the

Head Office will immediately send the sanction order to the concerned D.S.P. for

instructing the concerned Inspector to file the charge-sheet in the Special Court, for

SPE & ACB Cases, Hyderabad within a fortnight in consultation with the concerned

DSP and the L.A.-cum-Spl.P.P. The concerned Inspector should accordingly file

charge-sheets in the Special Judge’s Court for SPE & ACB cases, within a fortnight with

all relevant records. True copies of the relevant portions of records should be kept

ready along with a draft charge-sheet before the sanction order is received, so that no

time is lost in filing the charge-sheet and memo of evidence.

TRIBUNAL FOR DISCIPLINARY PROCEEDINGS :

381. After disposal of the case by the Government on the basis of the finding of the

Tribunal for Disciplinary Proceedings, the Government sends a copy of final orders

alongwith relevant records to the Director, A.C.B. In this case also, the instructions

given above will hold good.

CRIMINAL CASES IN SPECIAL JUDGE’S COURT:

382. After collection of records from the Spl. Judge’s Court, the concerned

Inspector/D.S.P. should return the records to the concerned Departments/Offices only

after the expiry of appeal time, and after consulting the L.A-cum-Spl.P.P.

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DISPOSAL OF RECORDS IN ENQUIRIES NOT PROVED:

383. In all enquiries which are held not proved and disposed of as such by the

Government, the Inspector/D.S.Ps. on receipt of instructions from the Directorate,

should return all relevant records that were collected by them, other than statements of

witnesses, etc., to the concerned departments/offices under proper acknowledgement.

MAINTENANCE OF DOCKET SHEETS REGARDING THE MOVEMENT OF RECORDS :

384. Docket sheet should be maintained by the I.O. showing particulars such as date

of requisition, receipt and sending of records to Head Office, and their receipt on return

from Head Office etc. The Head Office should also maintain the docket sheet showing

the movements of the records to the Government or other offices, etc.

385. The records should be returned to the Office from which they were obtained as

far as possible by the Officer who brought the records soon after the cases are

disposed of. Acknowledgements should be obtained for the records returned to the

concerned office and kept in the concerned files for use in future. Files relating to all

types of enquiries/investigations should be closed only after all the records have been

returned to the concerned offices and after intimating the Head Office about the return

of the records to the concerned officers.

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CHAPTER – XXIIISUSPENSION AND DISMISSAL.

386. Suspension of a Government Official should be recommended by the Director,

Anti-Corruption Bureau, to the concerned department in the following instances :-

(1) As soon as a trap is successful;

(2) As soon as a case is registered and a house search is made and prima facie

evidence is available about possession of disproportionate assets;

(3) Public interest should be the guiding factor in deciding the question of placing

a Government servant under suspension and the disciplinary authority should have the

discretion to decide this, taking all factors into account. The circumstances in which a

disciplinary authority may consider it appropriate to place a Government servant under

suspension are laid down by the Government-Vide instructions in Government

Memo.No.401/Ser.C/65-1, Genl. Admn. (Ser.C) Department, dated 27th February 1965;

(4) Where a Regular Enquiry is in progress against a Government Official and

prima facie evidence is available to show that the enquiry is likely to end in the dismissal

of the officer concerned, the Director may examine whether suspension is called for in

such cases or more transfer would do and recommend accordingly to the Government.

387. The consolidated instructions issued by the Govt. in their Memo.

No.768/Ser.C/83-1, Genl. Admn. (Services-C) Department, dated 25-8-1983 are

extracted hereunder :

“Several executive instructions were issued by Government to supplement the

provisions of the Andhra Pradesh Civil Services (CCA) Rules on the question of the

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circumstances which would justify placing a Government employee under suspension

pending enquiries etc. The gist of some of the important instructions was

communicated in Memo.No.1470/Ser.C/77-2, dated 26-12-1977. A few other

instructions on the subject of suspension were also issued from time to time. In spite of

the above, enquiries are being received on the question frequently, from the

Departments of Secretariat. It is, therefore, considered desirable to communicate the

following important and frequently required instructions, some of which have already

been included in the Memorandum cited, for information of the departments of

Secretariat and Heads of Departments. These instructions are only to supplement and

clarify the provisions contained in the Andhra Pradesh Civil Services (Classification,

Control and Appeal) Rules, 1963.

2. In Memo. No.401/Ser-C/65-1, G.A. (Ser.C) Department, dated 27-2-1965

instructions were issued that Government Servants may be placed under suspension

under the following circumstances:-

(i) Cases where continuance in office of the Government servant will prejudice

the investigation, trial or any inquiry (e.g. apprehended tampering with witness or

documents):

(ii) Where the continuance in office of the Government servant is likely to

seriously subvert discipline in the office in which the public servant is working;

(iii) Where the continuance in office of the Government servant will be against the

public interest (other than those covered by (i) and (ii) such as there is a public scandal

and it is necessary to place the Government servant under suspension to demonstrate

the policy of the Government to deal strictly with officers involved in such scandals

particularly of corruption;

(iv) Where allegations have been made against the Government servant

and the preliminary enquiry has revealed that a prima facie case is made

out which would justify his prosecution or his being proceeded against in

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Departmental proceedings and where the proceedings are likely to end in his conviction

and/or dismissal, removal or compulsory retirement from service;

Note: (a) In the first three circumstances, the disciplinary authority may

exercise his discretion to place Government Servant under suspension even when the

case is under investigation and before a prima facie case has been established.

(b) Certain types of misdemeanour where suspension may be desirable in the

four circumstances mentioned are indicated below:

(i) Any offence or conduct involving moral turpitude;

(ii) Corruption, embezzlement or misappropriation of Government money,

possession of disproportionate assets, misuse of official powers for personal gain;

(iii) Serious negligence and dereliction of duty resulting in considerable loss

to Government;

(iv) Refusal or deliberate failure to carry out written orders of superior officers.

3. In confidential Memo.No.204/Ser.C/76-3, G.A. (Ser.C) Dept., dt. 31-5-1976, it has

been directed that the officers trapped in corruption be placed under suspension

immediately and that if there is likely to be any interregnum between the trap and the

actual relief of the trapped officer after being placed under suspension, the competent

authorities should consider whether the officers could be transferred immediately so that

material evidence is not destroyed and that arrangements should be made to relieve

trapped officers forthwith.

4. In Memo. No. 488/Ser.C/81-1, G.A. (Ser. C), dated 21-4-1981,

it was clarified that public interest should be the guiding factor in

deciding the question of placing a Government servant under suspension.

It was also clarified that as and when criminal charges are framed by a

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competent court against a Government Servant, the disciplinary authority should

consider and decide the desirability of placing such a Government servant under

suspension if he is not already under suspension.

5. In Memo. No.2213/Ser.C/66-B, G.A. (Ser.C), dated 30-11-1966 instructions

were issued that in order to ensure that suspension is not resorted to for simple

reasons, the Government have decided that where the reinstating authority held that

the suspension of the employee was wholly unjustified and it made an order that for the

period of suspension, the employee concerned be paid full pay and allowances,

proceedings should be initiated under rule 19 of A.P.C.S. (Classification, Control and

Appeal) Rules against the officer who suspended the employee and the question of

recovery from the pay of such officer the whole or part of the pecuniary loss caused to

the Government due to payment of pay and allowances under F.R. 54 should be

considered.

6. According to Memo.No.1993/Ser.C/65-4, G.A. (Ser.C) dated 28 th December,

1965 where the work and conduct of an employee who is appointed temporarily are not

satisfactory, he need not be placed under suspension pending enquiry as it involves

financial loss to Government nor should disciplinary action be taken against him but he

should be discharged in terms of his appointment, by an innocuous order so as to avoid

complications.

7. In Memo. No.1733/Ser.C/67-2, G.A. (Ser.C), dated 3-8-1967 instructions were

issued that instead of placing an employee under suspension pending investigation into

grave charge, the desirability of transferring him to some other place or to allow him to

go on leave may be considered.

8. As per the instructions issued in the Memo. No.904/Ser.C/67-1,

dated 29-5-1967, the necessity for continuance or otherwise of a Government

employee under suspension is required to be reviewed by the Government at

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Intervals of not more than 6 months. The object is to ensure that Government

employee placed under suspension is not continued under suspension indefinitely, and

that the necessity or otherwise for his continuance is reviewed periodically by

Government so that if in any case it is felt that the further continuance of the

Government employee involves undue-hardship, necessary relief may be granted,

either by revoking the order of suspension and restoring him to duty or allowing him to

proceed on leave.

9. It was laid down in the Memo. No.904/Ser.C/67-1, dt. 29-5-1967 that in cases

of suspension and review, the following procedure may be adopted.

(a) where an employee is suspended the order may be so drawn up that he is

suspended, pending enquiry, until further orders.

(b) when upon a review which may be ordinarily made at intervals of not more

than six months, it is considered that he should be continued under suspension, the

order that may be made after such review may be as follows:

“The Government have reviewed the case of Sri ------------------------------------- who

is under suspension pending enquiry and they have decided that he shall continue

under suspension. The next review will be taken up at the end of six months from the

date of this order”.

10. According to the instructions issued in Memo. No.365/Ser.C/79-1,

General Admn. (Services-C) Dept., dt. 11-6-1970, the cases of all officers

who are, under suspension for six months irrespective of the fact,

whether the cases are under investigation by the A.C.B. or pending

enquiry before the Tribunal for Disciplinary Proceedings or a departmental authority or

pending trial before the Court of Special Judge for SPE and ACB cases or

pending with the Government, will have to be reviewed by the Government

and the Government should have adequate and sufficient material before them

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to judge the necessity or otherwise of the continuance of the suspension. The Director,

A.C.B. should send his reports to the Government not only in respect of cases which

are under investigation by the A.C.B. but also in cases pending enquiry before the

Tribunal for Disciplinary Proceedings and trial in the court of the Special Judge for

Special Police Establishment and A.C.B. Cases. He need not, however, send reports in

cases where enquiries are being conducted by Departmental Authorities or in cases

pending with the Government after of the report receipt of Tribunal for Disciplinary

Proceedings and the Judgment of the Special Judge for the Special Police

Establishment and A.C.B. Cases.

11. In Memo. No.1640/81-1, G.A. (Ser.C), dated 2-1-82 instructions were issued,

that in all cases of alleged malpractices relating to Leave Travel Concession,

suspension need not be resorted but disciplinary action may however, be initiated and

that depending upon the outcome of the disciplinary action, necessary further action

may be taken either to recover the amount fraudulently drawn or/and award suitable

punishment as per “Classification, Control and Appeal Rules”.

DISMISSAL:

388. As soon as a case ends in conviction or acquittal of a Government Servant,

the Anti-Corruption Bureau should submit a report to the Government in this regard.

389. Copies of Judgments of lower courts may be furnished to the Government

for information and all correspondence relating to taking up the matter in appeal should

be made with the administrative department concerned.

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CHAPTER – XXIV

WITNESSES TURNING HOSTILE

390. Witnesses turning hostile during the stage of disciplinary proceedings or

court trial in cases processed by the Anti-Corruption Bureau pose a serious problem, as

this effects the efficient functioning of the Bureau and reflects on the qualitative out-turn

of the Anti-Corruption Bureau. Accused Officers involved in Anti-Corruption Bureau

cases are likely to try every method to win over witnesses so that they escape

disciplinary action/trial and punishment. It is, therefore, important for the Anti-Corruption

Bureau to ensure that witnesses like panchayatdars are selected from among Govt.

Servants, preferably Gazetted Officers from different departments who are known to be

of good character and integrity. In trap cases, the Investigating Officer should, besides

ascertaining the reliability of the complainant who figures as the main witness, also brief

him about the importance of tendering true evidence at every stage and highlight the

undesirable effects of resiling from his complaint. Cases should be dealt with

expeditiously at various stages, so that witnesses do not suffer from loss of memory or

lose interest in the prosecution. Often, after an accused officer is transferred or

suspended, the local witnesses lose interest as their cause of action is more or less

mitigated after the exit of the accused officer from the post held by him. In cases of this

type, the interest of the witnesses should be sustained by appealing to their sense of

moral responsibility and social obligations to pursue action against corrupt elements to

their logical conclusion, so that society is cleansed of corrupt officers to the extent

possible. For this purpose, it might be advantageous if the Investigating officers keep in

constant touch with such witnesses.

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391. In the case of witnesses who do not fall under the above categories, it is not

possible to pick and choose them as they are the witnesses either having direct

knowledge of the instance, having been present at the time of occurrence or witnesses

who speak to facts relating to the incident based on documentary evidence. In cases of

this type, the evidence should be safeguarded by either getting their statements

recorded under section 164 Cr.P.C. in criminal cases or by obtaining their signed

statements during enquiries.

392. A witness who has voluntarily given a statement to an officer of the Anti-

Corruption Bureau during an enquiry/investigation, but goes back on it when he is

examined during the disciplinary proceedings/trial and contradicts the essential

ingredients of his earlier statement, can be declared as a hostile witness.

393. The question of witnesses turning hostile will generally arise in the following

situations:-

I. (a) Signed petitions: Petitioner turning hostile during Anti-Corruption Bureau

preliminary Enquiry/Regular Enquiry.

(b) Complaint Registered as a Criminal Case:- Complainant turning hostile

during Court trial.

(c) Complaint registered as a Criminal Case:- Complainant’s evidence fortified by

a 164 Cr.P.C. Statement; complainant turning hostile during trial of the criminal case.

II. (a) Signed statements of witnesses obtained during Regular Enquiry :-

394. The Witness may turn hostile, (i) at the time of departmental enquiry or (ii)

before the Tribunal for Disciplinary Proceedings, or (ii) even during the course of

enquiry itself, by sending affidavits to the Director or to the Investigating Officer himself

pleading that they gave their earlier statements under duress.

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III. Witnesses whose statements are recorded under 164 Cr.P.C:-

395. The witnesses may turn hostile during hearing of the case in court.

IV. Signed statements given by the Govt. Servants as witnesses in non-statutory

enquiries like Regular Enquiries etc:-

396. Govt. Servants who figure as witnesses and some times as Panchayatdars

in Regular Enquiries (and sometimes Preliminary Enquiries) and give signed statements

to the investigating Officer may turn hostile during disciplinary Proceedings.

397. For purpose of instituting action against witnesses who turn hostile in

criminal cases relating to judicial proceedings, no distinction can be drawn between

civilians and public servants. This distinction is possible only in respect of non-statutory

enquiries where public servants (Govt. Servants) figure as witnesses and later turn

hostile.

398. Action can be taken against hostile witnesses either by way of prosecution

under I.P.C. Sections, viz., 182, 193 or 211 or under Conduct Rules 3 (1) and 3

(2) where Govt. Servants are concerned, and sec. 344 (1) Cr.P.C. Also if a witness,

turns hostile in the court of the Special Judge for SPE and ACB Cases and if the

prosecution succeeds in establishing that the witness had deliberately made two

statements which are so contradictory and irreconcilable with each other, that one of

them cannot possibly be true, he can be convicted of perjury, even without its being

proved as to which one of them was not true.

399. The procedure for initiating action under each of the I.P.C./Cr.P.C.

Provisions/Conduct Rules is as follows:-

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I. CASES ARISING U/S 182 I.P.C.

400. Section 182 I.P. C contains penal provisions against complainants who

having given a false complaint to a public servant, set the law in motion with mala fide

motive, (Govt. Memo.No.3426/SCD/66-9, dt.1-7-68 of G.A. (SC.D) Dept.)

401.The procedure to be followed for initiating action under section 182 I.P.C. is

outlined in Section 195 (1) Cr.P.C. The officer to whom the complaint is given or a

superior officer under whose administrative control that subordinate officer is, should file

a written complaint before the Magistrate having jurisdiction.

402. Such a complaint can be made in cases where a signed complaint was

given and the complainant subsequently turns hostile, either during the trial or enquiry

or disciplinary proceedings by sending affidavits contrary to his original signed

complaint. In this case, the mere giving of a false complaint against a public servant to

an officer of the Anti-Corruption Bureau is made punishable.

II. CASES ARISING UNDER SECTION 193 I.P.C.:

403. Section 193 I.P.C. contains penal provisions against persons who

intentionally give false evidence in any stage of a judicial proceedings.

404. There must be a finding by the Court that the witness is guilty of the offence

of perjury by giving false evidence or fabricated evidence, for taking action under this

section.

405. MENS REA is an essential ingredient of the evidence of perjury. The

mere fact that a statement made by a witness turns out to be wrong or inaccurate

does not make him liable for punishment. He must make the statement deliberately

and must know or believe it to be false or must not believe it to be true. When a

witness makes two contradictory statements intentionally and there is nothing to

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show that the earlier statement was wrong and was corrected by the subsequent

statement and he does not admit that he had committed a mistake in making the earlier

statement and when the prosecution charges him in the alternative with making one of

the two statements as false, he is liable to be convicted for perjury.

406. The procedure to be followed for initiating action under section 193 IPC is

outlined under section 195 (1) Cr.P.C. The Court or a superior court which has

administrative control over the court, must file a written complaint before the concerned

Magistrate having jurisdiction.

407. This section does not apply to proceedings before the Tribunal for

Disciplinary Proceedings.

III. CASES ARISING UNDER SECTION 211 I.P.C.

408. Section 211 I.P.C. contains penal provision against a person who institutes

or causes to be instituted criminal proceedings to cause injury to another person by

false evidence etc.,

409. The procedure that has to be followed in a case under this section is as

enumerated under section 195 (1) Cr.P.C. requiring the filing of a complaint in writing by

the public servant concerned or by some other public servant to whom he is

administratively subordinate.

410. Section 211 I.P.C. does not also apply to enquiries before the Tribunal for

Disciplinary Proceedings.

411. These three sections i.e., Sections 182, 193 and 211 I.P.C. are applicable

equally to Government servants and private parties.

IV. CASES COMING UNDER ANDHRA PRADESH CIVIL SERVICES (CONDUCT) RULES 3 (1) & (2) :-

412. Action can be taken under the Andhra Pradesh Civil Services (Conduct) Rules,

1964 against Government Servants, who having figured as witnesses, turn hostile under

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the following situations, for misconduct, (Government Memo.No.1886/SCD/74-1, G.A

(SC-D) Dept., dated 29th October, 1974).

(1) Government Servants who after giving signed statements, turn hostile during

the preliminary enquiry or regular enquiry, departmental enquiry or before the Tribunal

for Disciplinary Proceedings.

(2) Government Servants who after giving statements under section 164 Cr.P.C.

turn hostile before the Court.

(3) Government Servants who figure as witnesses to a panchanama but turn

hostile during the trial or enquiry.

413. The procedure for taking action for misconduct under Rule 3 (1) and (2) of

Andhra Pradesh Civil Services (Conduct) Rules, 1964 against such Government

Servants is to invoke the provisions of Rule 8 (1) of the Andhra Pradesh Civil Services

(Classification, Control & Appeal) Rules and initiate disciplinary action against them.

V. CASES THAT MAY ARISE UNDER SECTION 344 (1) Cr.P.C.:414. While delivering the Judgement, if the court comes to the conclusion that a

witness had willfully and knowingly given or fabricated false evidence with intent to use

such evidence during the proceedings, it may take action against such witness under

section 344 (1) Cr.P.C.

415. In such a case, the trial Magistrate may try him summarily for the said

offence.

416. A Government or Public Servant making a false complaint against another

Government or public servant is as much liable for prosecution under the relevant

provisions of the Indian Penal Code as in the case of any other member of the public.

The language used in the relevant sections of the Indian Penal Code does not in any

way make a distinction or difference between a Government or Public Servant and a

Member of the public in the matter of commission of an offence or Prosecution for such

offences.

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CHAPTER – XXV

MAINTENANCE OF GENERAL DIARY

417. Since all Range Offices in-charge of the Deputy Superintendents of Police

and Offices of District Inspectors in the Anti-Corruption Bureau are declared as Police

Stations, it would be incumbent to act according to the provisions of the Criminal

Procedure Code. Therefore a General Diary in the usual pro forma has to be

maintained in all Range Offices and in the Offices of the District Inspectors of Police.

The Diary is intended to chronicle all important events and activities relating to the

Bureau. The following among other matters, shall be entered in the Diary:-

(i) Opening and closing of the diary.

(ii) Substances in brief of cases taken up for investigation by the Range

D.S.P/District Inspector. An entry should be made promptly on registration of F.I.R. etc.

(iii) Effecting of searches.

(iv) Seizure of property suo motu or under section 93 (1) and (3) Cr.P.C. and its

immediate disposal.

(v) Effecting of arrests with or without warrants and the immediate disposal of the

arrested persons.

(vi) Receipt and immediate manner of execution of Magistrate’s Order under

section 154, 155, 156 and 159 Cr.P.C. and Section 5-A of PC Act II of 1947

.

(vii) Performance of departmental duties by the Range Officers and District

Inspectors i.e., assistance afforded to another Range Officer/District Inspector or some

other Police Agency etc.

418. The Dairy will be written up from 8 a.m. to 8 p.m. daily except on Sundays and

Public Holidays. It will also be written at any other time when this becomes necessary

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on account of any important or serious occurrence or activity. Entries will be made in

sequence in point of time. The Diary will be written in duplicate and the carbon copy will

be sent to the Head Office through the Joint Directors concerned.

419. The General Diary should on no account be removed from the Office.

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CHAPTER – XXVI

RECORDS TO BE MAINTAINED BY RANGE OFFICES

420. The Range Offices should maintain the following registers :

CONFIDENTIAL SECTION

1. Inward Register.

2. Outward Register.

3. Petition Register including discreet enquiries.

4. Regular Enquiry Register.

5. Registered Cases Register.

6. Monthly Progress Reports Check Register

7. Government Books Register.

8. Stock File of Circulars, Govt. Orders etc.

9. Stamp Register.

10. Inspection Notes Folder.

11. F.I.R. Book.

12. Arrest Cards.

13. Bail Bond Book.

14. Register of Confidential Information against corrupt officers.

15. Register showing informants and the information furnished by them.

16. Seized Property Register.

17. Register showing documents sent to the Director of Forensic Science

Laboratory, Hyderabad for Expert’s opinion.

ADMINISTRATION & ACCOUNTS :

1. Attendance Register.

2. Casual Leave Register.

3. Long Roll Register.

4. Register of Service Books.S E C R E T

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5. T.A. Check Register. 6. Tour Advance Register. 7. Permanent Advance Register. 8. Pay Bills Register. 9. Festival Advance Register. 10. Undisbursed Pay Register. 11. House Building Advance Register. 12. Motor Cycle and Cycle Advance Register. 13. Marriage Advance Register. 14. Treasury Bill Book. 15. Cash Book. 16. Appropriation Register. 17. Register of Contingencies. 18. Increment Register. 19. Stationery Articles Stock Register. 20. Local Tappal Register.

21. Pay Bills Schedule File.

22. Stock Register of Furniture.

23. Unserviceable Articles Register.

24. Trunk Calls Register.

25. Log Book.

26. Personal Register. 27. Register showing the repairs, replacements of spare parts, petrol, oil consumed etc. 28. S.R. Amount Register.

421. Similarly, the following registers are to be maintained in the offices of Inspectors of Police.

CONFIDENTIAL SECTION

1. Petitions Register including discreet enquiries.

2. Regular Enquiries Register.

3. Registered Cases Register.

4. Visiting & Inspection Notes Folder.

5. Monthly Progress Reports Register.

6. Stock file of Circulars etc.

7. Register of Confidential Information collected, list of informants and information collected against Public Servants etc.

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8. Seized property register.9. Register showing documents sent to the Director, Forensic Science Laboratory,

Hyderabad for Expert’s opinion.

ADMINISTRATION AND ACCOUNTS :

1. T.A. Bill Register.2. Cash Book.3. S.R. amount register.4. Railway Warrants Register.

SEIZED PROPERTIES REGISTER

422. In all Range Offices and Offices of Inspectors of Police, Anti-Corruption

Bureau, a register of Seized Property should be maintained. As soon as any

property is seized during the course of investigation, the Investigating Officer

should make entries in the Register chronologically and blank spaces should not be

left for entering subsequent seizures in the case. Seizure of cash, jewellery and

other valuables will also be entered in this Register. These items will also include

trap money. They should be kept in sealed covers.

423. The Register should be maintained in the following proforma :-_______________________________________________________________

Sl.No. Case No. Details of Date of Reasons Order No. Date of Re- Name and items sei- seizure. for pen- & Date of disposal marks address of zed. dency. Closure the Accused Officer.__________________________________________________________________ (1) (2) (3) (4) (5) (6) (7) (8)__________________________________________________________________

424. Property taken by the I.Os for the purpose of investigation or

for producing in Court or for return to the party concerned, should be

entered therein. In case the property is produced in the Court as an

exhibit, the Legal Adviser – cum - Special Public Prosecutor concerned should

send a report in the matter. In cases where property has been given back to

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the I.Os for being returned to the parties concerned, the I.Os should produce the

acknowledgements of the party concerned. A complete file of seizure Memos should

also be maintained for the purpose of checking the Seized Property Register.

425. The Joint Directors will inspect / visit the offices of Inspectors and

Dy. Superintendents of Police twice in a year. The Inspection Reports have to be

prepared in two Parts, Part-I regarding review of cases and performance of the officer

in-charge of the seat and Part-II regarding Administration and Audit matters. Requests

of the Staff members will also be mentioned Part-II.

426. Four copies of Inspection Notes must be prepared in respect of offices of the

District Inspectors and 3 copies in respect of Range Offices. One copy will be retained

in the office inspected in a folder/register, one copy in the Range Office concerned ( in

the case of the Inspection of the District Office), one copy with the Joint Director

concerned and the last copy will be sent to the Head Office for Director’s perusal

through the Additional Director. The same procedure will apply in the case of visiting

notes also. After perusal by the Director, Part-I will be marked to the S.B. Section and

Part-II to the Dy. Director (Administration) for carrying out the instructions contained

therein.

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CHAPTER – XXVII

LOKAYUKTA VIS-À-VIS ANTI-CORRUPTION BUREAU

427. In Andhra Pradesh State, Andhra Pradesh Lokayukta and Upa-Lokayukta Act

1983 was passed and it has come into force from 1st November, 1983. Rules also were

made and they are in force from 20th January, 1984.

428. The Lokayukta is declared as a Court and the Proceedings before the Lokayukta

and Upa-Lokayukta are declared to be judicial Proceedings only for the purpose of

Section 193 I.P.C.

429. The Lokayukta and Upa-Lokayukta may investigate any action which is taken

by, or with the general or specific approval of, or at the behest of

(i) a Minister or a Secretary; or

(ii) a Member of either House of the State Legislature; or

(iii) a Mayor of the Municipal Corporation constituted by or under the

relevant law for the time being in force; or

(iv) any other public servant, belonging to such class or section of public

servants, as may be notified by the Government in this behalf after

consultation with the Lokayukta, in any case where a complaint

involving an allegation is made in respect of such action or such action

can be or could have been, in the opinion of the Lokayukta, the subject

of an allegation.

430. The Lokayukta and Upa–Lokayukta can utilize the services of any Officer or

Investigating Agency of the State Government or any other person or agency for the purpose

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of making preliminary verification before conducting investigation under the Act. Even

Sub-Rule 7 (i) of Rule 7 of the Andhra Pradesh Lokayukta and Upa-Lokayukta

(Investigation) Rules, 1984, also provides for utilisation of services of any officer or

Investigating Agency of the State Government or the Central Government, with the

concurrence of that Government.

431. The Government of Andhra Pradesh in their Memorandum No.193/SC.D/84-4

General Administration (SC.D) Department, dated 7th May, 1984, decided that the

Lokayukta or the Upa-Lokayukta has the right to take the assistance of the

Anti-Corruption Bureau at the stage of preliminary verification also and directed the Anti-

Corruption Bureau to take necessary action on the complaints received from the

Lokayukta or Upa-Lokayukta.

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ANNEXURE ‘A’

GOVERNMENT OF ANDHRA PRADESHABSTRACT

ANTI-CORRUPTION BUREAU – FORMATION OF – X – BRANCH, C.I.D. – ABOLITION OF- ORDERS - ISSUED.

GENERAL ADMINISTRATION (S.C-C) DEPARTMENT

G.O.Ms.No. 1880, Dated the 16th December, 1960.

Read the following :-

(i) G.O.Ms.No.1610, Home (Police-B) dated 10-10-1957.

(ii) G.O.Ms.No.1162, General Administration (S.C-C) dated 30-7-1960.

(iii) From the Special Officer, D.O. dated 24-9-1960.

(iv) From the Inspector General of Police, D.O. No.1109/GI/60, dated 24-11-1960.

ORDER:

The question of reorganizing the existing Anti-Corruption Bureau machinery,

designated as the X-Branch, C.I.D., which is under the control of the Inspector General

of Police and functioning under a Superintendent of Police, to check effectively the

increasing evil of corruption in the services and to improve the moral tone of the

administration, has been under the active consideration of the Government for sometime

past. In the G.O. second cited, the Government sanctioned the creation of a temporary

post of Special Officer in the rank of a Deputy Inspector General of Police to Anti-

Corruption Bureau for the State and Sri S. Vijayarangam, I.P.S., Deputy Inspector

General of Police, was appointed as Officer on Special duty for the said purpose.

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The Special Officer was permitted to proceed to Bombay to study the set up of the

Maharashtra State and also the actual functioning of the Bureau to enable him to

formulate the proposals. With his D.O. 3rd cited, the Special Officer, has, accordingly,

submitted his proposals after visiting the Maharashtra State and studying the set up

there. The comments of the Inspector General of Police were also invited on the

proposals of the Special Officer. After careful consideration of the proposals of the

Special Officer and also the comments of the Inspector General of Police in regard to the

set up of an Anti-Corruption Bureau in this State and its scope and functions, the

Government have decided that the existing X-Branch, C.I.D., should be abolished and

that in its place, a new enlarged Department should be formed. The orders of the

Government on the proposals of the Special Officer regarding the administrative set up

of the new Department are detailed below.

2. NAME OF THE DEPARTMENT :

The new Department will be called “The Anti-Corruption Bureau” and it will

function as a separate department independent of the Police Department and will be

under the direct control of the Chief Secretary to Government in the General

Administration Department.

3. SET UP OF THE ANTI-CORRUPTION BUREAU:

(i) Director : The Government have decided that the Head of the new

Anti-Corruption Bureau should be a senior Police Officer of the rank of Deputy Inspector

General of Police and designated as “Director, Anti-Corruption Bureau”. The Director is

invested with all the usual powers financial, administrative, etc., ascribed to a Head of a

Department and he will function as a head of a Department,

(ii) Deputy Director : The Government also accept the suggestion of the

Special Officer of the sanction of a post of a Superintendent of Police in the

Senior scale of the Indian Police Service. He will assist the Director and

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liaise with Heads of Departments, Regional Officers, Collectors, etc., during the course

of investigations etc., and exercise a close supervision over the day-to-day work of the

Deputy Superintendents of Police and their respective range units. He will periodically

tour and inspect the offices of the Deputy Superintendents of Police and give them

necessary instructions.

(iii) Drawing of officers of other Departments into the Anti-Corruption Bureau : The

Special Officer has suggested that four officers of other Departments may be drafted into

the Bureau on a full time basis to assist the Anti-Corruption Bureau in the investigation of

cases against officers of their respective departments and in the detection of any

lacunae in the administrative and financial proceedures followed in those Departments

and that they may be drafted from Public Works Department, Forest, Revenue and

Commercial Tax Departments. The Government, accept the suggestion of the Special

Officer and accordingly direct that, for the present, the following 4 officers should be

drafted into the Anti-Corruption Bureau.

1. One Executive Engineer, Public Works Department on the scale of Rs.500-

50/2-850;

2. One Deputy Conservator of Forests on the scale of Rs.600-1,000.

3. One Deputy Collector from the Revenue Department on the scale of Rs.300-

50/2-700 and

4. One Commercial Tax Officer from the Sales Tax Department on the scale of

Rs.300-50/2-700.

The Executive Engineer and the Deputy Conservator of Forests will be

designated as Additional Deputy Directors and the Deputy Collector and Commercial

Tax Officer will be designated as Assistant Directors.

The Government also direct that the drafting of officers to the

Anti-Corruption Bureau need not necessarily be confined to the Departments

referred to above, but may be drafted with reference to the needs

from time to time of the Anti -Corruption Bureau from other departments also

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(within the limit of four). The Director may submit proposals in this behalf as and

when the necessity for any change is called for.

All the above officers will be touring officers.

(iv) Decentralisation of Staff and Stationing of Officers at Range and District

Levels : The Special Officer has suggested that, on the pattern of the Anti-Corruption

Bureau of Maharashtra State, the strength of the Anti-Corruption may be decentralized

and divided into smaller units and that the officers of the Anti-Corruption Bureau to

function effectively, in that, the officers of the Anti-Corruption Bureau can gather

intelligence and pursue action then and there and without any avoidable loss of time.

The Government accept the suggestion of the Special Officer. The Ranges for the

purposes of the Anti-Corruption Bureau will consist of 3 or more districts and each range

will be placed in charge of a Deputy Superintendent of Police, who will be assisted by

ministerial staff consisting of one Upper Division Clerk and a lower Division Clerk who

has knowledge of typing work. The twin cities of Hyderabad and Secunderabad and the

Hyderabad District will form into a separate Range unit. An Inspector of Police will be

placed in charge of a district and he will be assisted by 1 Head Constable and 3 Police

Constables (including personal orderly). The rangewise division will be as follows:-

Name of the Range. Headquarters Districts comprising the Rangeof the Range.

Waltair Range Waltair Visakhapatnam North ( Srikakulam) Visakhapatnam-

South and East Godavari districts.

Vijayawada Range Vijayawada West Godavari, Krishna & Guntur districts.

Kurnool Range Kurnool Kurnool East, Kurnool Westand Anantapur Districts.

Cuddapah Range Cuddapah Cuddapah, Nellore and Chittoor districts.Warangal Range Warangal Warangal, Adilabad,

Karimnagar and Khammam districts.

Hyderabad Range Hyderabad Medak, Nalgonda, NizamabadAnd Mahabubnagar districts.

City Range Hyderabad Twin cities of Hyderabad and Secunderabad and Hyderabad

district.

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4. The Government sanction the set up of the new department as indicated in

Annexure ‘A’. The scale of Pay, Special Pay etc., for which the staff will be eligible are

also indicated in the Annexure. In addition to the Pay etc., the staff will be eligible to

draw Dearness and other allowances at the rates admissable to them.

The distribution of executive and ministerial staff at the Head Office and in the

Ranges and Districts is indicated in Annexure ‘B’.

5. Watchers :

The Special Officer has suggested that, as in the Maharastra State, 6 watchers

may be sanctioned. The Government do not consider it necessary to sanction the

appointment of watchers at present and they decided that the information which they

were intended to secure should be secured through means normally available to the

Police. The Director, Anti-Corruption Bureau, may submit proposals if and when the

necessity for the sanction of watchers arises.

6. Equipment for the Anti-Corruption Bureau ;

The Special Officer has suggested that one ultra violet lamp may be placed at the

disposal of the Branch of the Anti-Corruption Bureau in each district. The Government

accept his suggestion and also permit him to purchase ultra violet electric tubes at one

per district and arrange the manufacture of the ultra violet lamps by the Police Wireless

Officer. The Government sanction an amount of Rs.2,000 as non-recurring expenditure

for the above purpose.

The Special Officer also has suggested that the Anti-Corruption Bureau may be

provided with a powerful camera which could be operated with a telephoto lens, a

cinemovie camera and 2 tape recorders. The Government accept the suggestion and

accordingly sanction an amount of Rs.2,000/-, Rs.4,000/- and Rs.3,000/- respectively for

the purchase of the cameras and the tape recorders.

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7. PERMANENT ADVANCES :

The existing X, Branch CID, was sanctioned a permanent advance of Rs.1,000/-

for Travelling Allowance, a permanent advance of Rs.1,000/- for contingencies and an

imprest of Rs.300/- for open and special rewards.

The Special Officer has suggested that permanent advance for Travelling

Allowance and contingencies, Traps and Special Rewards may be placed at the

disposal of the officers of the Anti-Corruption Bureau at the following rates :-

__________________________________________________________________Designation of Officer P.A. for T.A. P.A. for traps P.A. for Spl. Rewards

and Contingencies__________________________________________________________________

Director - - 500.00 1,000.00 200.00

Each Range Officer - - 300.00 1,000.00 100.00

Each Inspector - - - - 200.00 50.00

The Government accept the suggestion of the Special Officer and accordingly sanction of the following :-__________________________________________________________________Name of Officer P.A. for T.A. P.A. for traps P.A. for Rewards

and Contingencies S.R.__________________________________________________________________

Director - - 500.00 1,000.00 200.00 1,700.00 Range Officers.Waltair - - 300.00 1,000.00 100.00 1,400.00Vijayawada - - 300.00 1,000.00 100.00 1,400.00Cuddapah - - 300.00 1,000.00 100.00 1,400.00Kurnool - - 300.00 1,000.00 100.00 1,400.00Warangal - - 300.00 1,000.00 100.00 1,400.00Hyderabad - - 300.00 1,000.00 100.00 1,400.00City - - 300.00 1,000.00 100.00 1,400.0025 Inspectors at Rs.250 each - - 5,000.00 1,250.00 6,250.00

_______________________________________________2,600.00 13,000.00 2,150.00 17,750.00

_______________________________________________

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The prescribed financial procedure should be scrupulously followed in

administering the above permanent advances.

The Government also permit the non-gazetted officers and men to use Railway

warrants and bus warrants.

8. VEHICLES :

The Special Officer has suggested that sanction may be accorded for the

purchase of an Ambassador car and a station wagon (Dodge) for the use of the Head

Office and the City Range Unit and ‘one’ jeep for each for the other six ranges. The

Government accept his suggestion and accordingly convey their sanction for the

purchase of one Ambassador Car, one station wagon (Dodge) and 5 jeeps. The jeep

now under the control of the Superintendent of Police, X-Branch, CID, shall be

transferred to the Anti-Corruption Bureau for allotment to one of the 6 ranges.

9. ACCOUNTING PROCEDURE :

The Director will be the drawing officer for the drawal of pay and allowances for

the non-gazetted staff working in his Office. He will be the controlling authority in

respect of his Travelling Allowance claims and those of his Gazetted Assistants. The

Deputy Director will be the controlling authority for the Travelling Allowance claims of all

non-gazetted officers. Each Deputy Superintendent of Police in charge of the range will

be the drawing officer for the drawal of pay and allowances of both the executive and

the ministerial staff of the range and he will have the powers of a head of office in

regard to contingent expenditure in respect of office and establishment.

10. The expenditure will be debited to a separate Sub-head of account viz., “Anti-

Corruption Bureau” to be opened under Major Head – “25 General Administration –

Secretariat and Headquarters Establishment – J – Civil Secretariat with the usual

primary and secondary units of appropriation.

11. The expenditure is on a New Service, pending the vote of Legislature for a

supplementary grant, the expenditure during the current yea r should initially be met from an

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advance from the Contingency Fund, orders regarding which will be issued separately

from the Finance Department.

12. The Anti-Corruption Bureau will come into being with effect from 2-1-61 and on the

same date, “the X-Branch C.I.D. will stand abolished. The cases pending with the X.

Branch, C.I.D. on that date shall be made over to the Anti-Corruption Bureau.

13. Orders regarding the scope and functions of the Anti-Corruption Bureau will issue

separately.

14. This issues with the concurrence of the Finance Department.

(By order and in the name of the Governor of Andhra Pradesh)

M. PURUSHOTHAM PAI, Chief Secretary to Government.

ToThe Inspector General of Police, Andhra Pradesh, Hyderabad.

IMMEDIATE:

Endorsement Rc.No.1212/R/60 Copy Communicated to the S.X.B. C.I.D. Hyderabad for necessary action.

2. It is observed that the set up of the Anti-Corruption Bureau has not been

specifically sanctioned on a permanent basis. In as much as all the posts in the X-

Branch, is abolished, please state whether all the permanent posts in the X-Branch,

have been filled up substantively. If there are substantive vacancies, they may not be

filled up. A report in this regard should be sent urgently.

3. Attention is invited to para 12 of the Government order.

The X-Branch will stand abolished with effect from 2-1-1961.

The cases pending with the X-Branch, on that date shall be handed over to the

Anti-Corruption Bureau. A report in this regard should be sent immediately after the

orders of the Government are complied with.

V.S. RAMAMURTHY,for Inspr. Genl. of Police.

Office of the I.G. of Police,Andhra Pradesh,Hyderabad-Dn.Dt. 21-12-1960.

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181

182

183

184

185

186

187

188

ANNEXURE – II

(Please see chapter-II para No.17 page No.9)

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

ANTI-CORRUPTION BUREAU – Jurisdiction of the Office of the Anti-Corruption Bureau in Andhra Pradesh – Amended – Notification – Issued.

HOME (POLICE-D) DEPARTMENTG.O.Ms.No.341 Dated 23-5-1984.

Read the following :1. G.O.Ms.No.1436 Home (Pol.D) Dept., dt. 14-9-1977.2. From the Director, Anti-Corruption Bureau, A.P., Hyderabad Lr.No.19/RPC/84, dt.6-3-1984.

ORDER :The following Notification will be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred by clause (s) of section 2 of the Code of Criminal Procedure, 1973, and in supersession of all previous orders on the subject, the Governor of Andhra Pradesh hereby declares that the offices specified in the Schedule below shall be Police Stations and that they shall include within their limits, the areas specified in column (3) against each of the office mentioned in column (2) thereof –

THE SCHEDULE

Sl.No. Name of the Office Jurisdiction

(1) (2) (3)

1. Office of the Director, Anti-Corruption Bureau, Hyderabad.

All areas in the whole of the State of Andhra Pradesh.

2. Office of the Addl. Director, Anti-Corruption Bureau, Hyderabad.

Do

3. Offices of the three Joint Directors A.C.B., Hyderabad.

Do

4. Office of the Dy. Director, Administration & Operations,A.C.B., Hyderabad.

Do

S E C R E T

189

(1) (2) (3)

5. Office of the Dy. DirectorA.C.B. City Range, Hyderabad.

Within the twin cities of Hyderabad and Secunderabad.

6. Office of the Dy. Supdt. of Police, A.C.B. City Range-I, Hyderabad.

Do

7. Office of the Dy. Supdt. of Police, A.C.B. City Range-II, Hyderabad.

Do

8. Office of the Dy. Supdt. of Police, A.C.B. Hyderabad Range, Hyderabad.

Ranga Reddy, Mahbubnagar and Nalgonda districts.

9. Office of the Dy. Supdt. of Police, A.C.B. Nizamabad Range, Nizamabad.

Nizamabad, Medak and Adilabad districts.

10. Office of the Dy. Supdt. of Police, A.C.B. Warangal Range, Warangal.

Warangal, Khammam and Kareemnagar districts.

11. Office of the Dy. Supdt. of Police, A.C.B. Kurnool Range, Kurnool.

Kurnool and Anantapurdistricts.

12. Office of the Dy. Supdt. of Police, A.C.B. Tirupati Range, Tirupati, Chittoor district.

Chittoor and Cuddapah districts.

13. Office of the Dy. Supdt. of Police, A.C.B. Nellore Range, Nellore.

Nellore and Prakasam districts.

14. Office of the Dy. Supdt. of Police, A.C.B. Vijayawada Range, Vijayawada, Krishna district.

Krishna and Guntur districts.

15. Office of the Dy. Supdt. of Police, A.C.B. Rajahmundry Range, Rajahmundry, East Godavari district.

East Godavari and West Godavari district.

16. Office of the Dy. Supdt. of Police, A.C.B. Waltair Range, Visakhapatnam.

Visakhapatnam, and Vizianagaram districts.

17. Office of the Range Inspectors of Police, A.C.B. City Range, Hyderabad

With in the areas of the twin cities of Hyderabad and Secunderabad and the district of Hyderabad

18. Offices of the Inspectors of Police, A.C.B. City Range, Hyderabad.

Within the areas of the twin cities of Hyderabad and Secunderabad.

S E C R E T

190

(1) (2) (3)

19. Offices of the Range Inspectors of Police A.C.B. Hyderabad Range, Hyderabad.

Ranga Reddy, Mahbubnagar Nalgonda districts.

20. Office of the Inspector of Police, A.C.B. Ranga Reddy District, Hyderabad.

Ranga Reddy district.

21. Office of the Inspector of Police, A.C.B. Mahaboobnagar.

Mahaboobnagar district.

22. Office of the Inspector of Police, A.C.B. Nalgonda.

Nalgonda district.

23. Office of the Range Inspectors of Police, A.C.B. Nizamabad Range, Nizamabad.

Nizamabad, Medak and . Adilabad districts.

24. Office of the Inspector of Police, A.C.B. Nizamabad

Nizamabad district.

25. Office of the Inspector of Police, A.C.B. Sangareddy, Medak District.

Medak district.

26. Office of the Inspector of Police, A.C.B. Adilabad.

Adilabad district.

27. Office of the Range Inspectors of Police, Warangal Range, Warangal.

Warangal, Khammam and Karimnagar districts.

28. Office of the Inspector of Police, A.C.B. Warangal.

Warangal district.

29. Office of the Inspector of Police, A.C.B. Khammam.

Khammam district.

30. Office of the Inspector, A.C.B. Karimnagar

Karimnagar district.

31. Office of the Range Inspectors of Police, A.C.B. Kurnool Range, Kurnool.

Kurnool and Anantapur districts.

32. Office of the Inspector of Police, A.C.B. Kurnool.

Kurnool district.

33. Office of the Inspector of Police, A.C.B. Anantapur.

Anantapur district.

34. Offices of the Range Inspectors of Police, A.C.B. Tirupathi Range, Tirupathi, Chittoor district.

Chittoor and Cuddapah districts.

35. Office of the Inspector of Police, A.C.B. Tirupathi Chittoor, district.

Chittoor district.

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191

(1) (2) (3)

36. Office of the Inspector of Police, A.C.B. Cuddapah.

Cuddapah district.

37. Offices of the Range Inspectors of Police, A.C.B. Nellore Range, Nellore.

Nellore and Prakasham districts.

38. Office of the Inspector of Police, A.C.B. Nellore.

Nellore district.

39. Office of the Inspector of Police, A.C.B. Ongole, Prakasham District.

Prakasham district.

40. Offices of the Range Inspectors of Police, A.C.B. Vijayawada Range, Vijayawada.

Krishna and Guntur districts.

41. Office of the Inspector of Police, A.C.B. Vijayawada, Krishna district.

Krishna district.

42. Office of the Inspector of Police, A.C.B. Guntur.

Guntur district.

43. Offices of the Range Inspectors of Police, A.C.B. Rajahmundry Range, Rajahmundry E.G. district.

East Godavari and West Godavari districts.

44. Office of the Inspector of Police, A.C.B. Kakinada.

East Godavari district.

45. Office of the Inspector of Police, A.C.B. Eluru.

West Godavari district.

46. Offices of the Range Inspectors of Police, A.C.B. Waltair Range, Visakhapatnam.

Visakhapatnam, Srikakulam and Vizianagaram districts.

47. Office of the Inspector of Police, A.C.B. Visakhapatnam

Visakhapatnam district.

48. Office of the Inspector of Police, A.C.B. Srikakulam.

Srikakulam district.

49. Office of the Inspector of Police, A.C.B. Vizianagaram.

Viziangaram district.

50. Office of the Inspector of Police, (Operations) Head Office, A.C.B. Hyderabad.

All areas in the whole of the State of Andhra Pradesh.

C.ARJUN RAO,Secretary to Government.

S E C R E T

192

To,

The Director of Printing, Stationery and Stores Purchase, Hyderabad, for publishing the notification in the Andhra Pradesh Gazette

The Director – General & Inspector-General of Police, Hyderabad.The Director, Anti-Corruption Bureau, Hyderabad.Copy to :-

The General Administration (SC.D) Department.

The Dharma Maha Matra, Secretariat Buildings, Hyderabad.

The General Administration (SC.C) Department.

FORWARDED BY ORDER

(Sd/-)Section Officer.

_____________________________________________________________

Office of the Director,Anti-Corruption Bureau,

A.P., Hyderabad.

Rc.No.19/RPC/84

Copy to all Joint Directors, Dy. Directors, A.C.B. City Range and Operations, all Legal Officers, all D.S.Ps. and Inspectors of Police, A.C.B, Hyderabad for information.

Sd/-for Director,

Anti-Corruption Bureau,A.P., Hyderabad.

S E C R E T

193

ANNEXURE – III

(Pro forma for D.E. Reports)

(Please see Chapter No.IV para No.42 Page No.21.)

No. Date.

1. Name of Accused Officer --- with designation and Department.

2. Nature of allegations ---

3. Evidence available in support of the allegations ---

(a) Oral ----

(b) Documentary ----

4. Further evidence, likely to be available

5. Recommendations ---

S E C R E T

194

ANNEXURE – IV

(Six Proforma & Statements).

(Please See Chapter No. V Para No. 45 Page No.21).

STATEMENT No.I

STATEMENT OF IMMOVABLE PROPERTY BELONGING TO THE UNDERSIGNED AND HIS PARTNERS

EITHER IN THEIR OWN NAMES OR IN THE NAMES OF OTHERS AS ON …………………………………….

Details of property

Held in whose name.

Date of acquisition.

Mode of acquisition (whether acquired by purchase or inheritance or gift, lease, mortgage, or any other means).

Name and address of the person from whom acquired.

Whether within local limits of jurisdiction.

Price paid for the property or if acquired otherwise than by purchase, mortgage or lease, its value at the time of acquisition.

Source from which payment was made for the property and mode of payment.

Whether information was given to Govt. and sanction obtained (if necessary).

(1) (2) (3) (4) (5) (6) (7) (8) (9)Houses or shops or other Buildings (with full address).

(a) (b) (c) (d) (e)Lands or Plots :(With full address)

(a) (b) (c) (d) (e)Any Other kind of Immovable Property.

Note :- Details of acquisitions of properties standing in the name of Hindu Signature ……………………......... undivided family or partnerships, in which the officer holds a claim Date ……………………………….. or share, should be separately shown in this statement. Full name ………………………… Designation ………………………. Address ……………………………

195

196

STATEMENT No.II

STATEMENT OF IMMOVALE PROPERTY POSSESSED BY THE UNDERSIGNED AND HIS DEPENDENTS EITHER IN THEIR OWN NAMES OR IN THE NAMES OF OTHERS AND DISPOSED OFF BETWEEN …………………………………………………….. AND …………………………………………………..

Details of property disposed off.

Held in whose name.

Date of dispos-al or sale.

Sale price or value at the time of disposal if otherwise disposed of and mode of payment of price.

How was sale price utilized or invested

Name and address of person to whom the property was sold or otherwise disposed off.

Was Government sanction obtained for disposing of the property. (Give reference & date of Government sanction, if accorded).

Mode of acquisi-tion of property

Date of acquisi-tion.

If acquired by the purchase the purchase price if acquired otherwise, value at the time of purchase.

Name and address of the person from whom it was acquired or purchased.

Whether sanction for purchase or acquisition was obtained from Government if it was required under the rules (give reference and date of Government sanction if any).

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)Houses or shops or other Buildings (with full address).

(a) (b) (c) (d) (e)Lands or Plots :(With full address)

(a) (b) (c) (d) (e)Any Other kind of Immovable Property.

Note :- Details of disposal of properties standing in the name of Hindu Signature ……………………......... undivided family or partnerships, in which the officer has claim Date ……………………………….. or interest should be shown separately in this statement. Full name ………………………… Designation ………………………. Address ……………………………

197

198

199

200

201

202

203

204

205

206

STATEMENT No.VII

(To be prepared by the investigating officer himself)

Statement of total income of Shri/Smt__________________ and his Dependents

FROM_____________________TO____________________________

Amount Amount Remarks

1. Salary and Allowances (gross) Less Deductions at source on account of:

(i) Income Tax(ii) Provident fund(iii) Insurance Primia(iv) House Rent :

Net Salary & Allowances*

2. Income tax refund3. Income from land House or other Buildings including rent4. Interest : (a) On securities (b) On Bank Deposits © Post Office Deposits (d) Loans and Advances5. Dividend on Shares.6. Sitting member or Director’s fee.7. Profit as a result of sale of an asset (movable or immovable) (If the asset had been acquired prior to the ‘Period of Check’ the entire sale proceeds realized may be shown here. On the other hand if the asset was acquired and also during the ‘Period of Check’ only the profit resulting from the transaction is to be shown).8. Value of property movable or immovable, acquired by interitence or legacy or gift :9. Proceeds of matured Insurance Polices.10. Withdrawals or actual receipts from provident fund :11. Stridhan or Dowry12. Debts or loans taken13. Cash gifts or other financial gains received. (Mention only gains not included in transactions already listed).14. Any other source (Give details)

Total :

*Note:--- If details of gross salary and deductions are not available, net salary and deductions are not available, net salary only may be recorded.

207

208

STATEMENT NO.VIII

(To be prepared by the Investigating Officer himself)

STATEMENT OF TOTAL EXPENDITURE OF SHRI/SMT__________FROM______TO_____ ___________________________________________________________________________ Head of Account Amount Remarks 1. Income Tax : (Only payments made subsequently, deductions at source not to be taken account of, if already considered in Statement No.III).2. Insurance Premia : @ (In respect of Insurance Policies of all kinds details to be Given with Policy No., Assured amount, Premium and Date of Policy, 3. House Rent, Garage Rent, Electricity and Water Charges and other Municipal Taxes where payable : @4. Expenses on Education of Dependents.5. Expenditure on marriages of Dependents.6. Expenditure on Religious and any other Special Ceremonies (Give details):7. Gifts and presents made.8. Expenditure on Maintenance of Conveyance : 9. Expenditure on maintenance and repairs of Luxury Articles : like Air-Conditioners, Refrigerators, Radiograms, Tele- : visions, etc., Etc., 10. Expenditure on maintenance and repairs of Lands, Houses, Buildings, Farms, Etc.11. Loss suffered as a result of sale of movable or immovable Property : (Here only losses suffered by the delinquent official in respect of assets which were purchased and also sold during the ‘Period of Check’ have to be shown).12. Repayment of Debts or Loans :13. Club and Hotel Bills :14. Household Expenses * (Excluding the items which have been covered in Sl.Nos.1 and 13 above).15. Any other Expenditure : (Not listed in any of the above items).

Note : @____ Here only the amounts not deducted out of salary 1. Total number of dependents. bills should be included. 2. Number of domestic servants. *______ While making an estimate of household 3. Pleasure trips. Expenses the following factors, among 4. Standard of living, considering the others, have to be specially kept in view: place posting, etc.

209

210

STATEMENT NO.IX.

(To be prepared by the Investigating Officer Himself)

STATEMENT OF LIKELY SAVINGS OF SHRI/SMT-----------------FROM-----------TO------ A B.

1. Total as per Statement No.VII. 1. Total of immovable Assets. (Total income during the period (As worked out from Statement of Check) -------------- No.I) ----------------

2. Total as per Statement No.VIII 2. Total of Movable Assets (Total expenditure during the (As calculated from Statement Period of check) --------------- No.III & V) ---------------

3. (a) Balance____ (Likely Over- 3. OTHER MOVABLE OR IMMO- Spending) (2-1) --------------- VABLE ASSETS (Discovered during Investigation Or and not shown in Statements I. ---------------- III & V)

4. Value of total Assets as at the end of the period of check. (b) Balance___(Likely Savings) -------------- (1 + 2 + 3 )

(1—2) 5. Value of total Assets at the beginning of the ‘Period of Check’

(As worked out with the help of various statements No.I to VI)

6. Total value of Assets acquired during the period of check (6-5).----------------

Disproportionate Assets. B.6 ------ A.3 (b) __________________________ Or B.6 + A.3 (a). as the case may be __________________________

211

ANNEXURE – V

PRELIMINARY PANCHANAMA

(Please see Chapter No. VII, Para No. 84 Page No.33)

Panchanama drawn in the office of the ----------- on _______ at about

___________________ in the presence of Sarvasri ___________________________

The complainant____________________________S/o _________________

r/o ________________ was introduced to us i.e. Panchayatdars at about

____________________ in the office room of the _________________. The copy of

complaint, dated ______________ of the complainant was shown to us and the

contents of the said petition was read over explained and translated. The complainant

admitted before us that the facts mentioned in his complaint, dated _____________ are

true and written in his own hand. He stated that he voluntarily presented the petition in

question to the _____________ and produced ____________ currency notes before us

stating that he is going to offer as Mamool/bribe/illegal gratification to Sri

_____________ as per his demand at his ___________ situated in ______________.

The number of the currency notes are given below:

(1)

(2)

(3)

(4)

The above mentioned currency notes were smeared with Phenolphthalein

powder Sri ------------------------------------------- mediator, was asked by the DSP, ACB

-------------------------------------------------------- to count the said notes and dip his fingers

in the colourless sodium carbonate solution prepared in a glass tumbler

in our presence. The solution became pink in colour when Sri

---------------------------------------------------------- dipped his fingers in the said

solution after counting the

S E C R E T

212

notes. Thus the reaction of phenolphthalein powder to sodium carbonate solution has

been demonstrated to us. The purpose of the above test was also explained to us.

After conducting the said demonstration the currency notes treated with

Phenolphthalein powder were handed over to the complainant Sri --------------------- with

instructions to pay the said amount of Rs.____________ to Sri _______________ on

his demand at his __________________ and not otherwise. He is also instructed to

give signal by taking out his hand-kerchief and wiping his face after coming out o the

office to indicate the demand and acceptance of the bribe amount by Sri ___________.

The samples of phenolphthalein powder and sodium carbonate powders used for the

above demonstration were separately taken and preserved in separate covers, sealed

and attested by us.

The A.C.B., Officers____________________________ demonstrated the above

test washed their hands in our presence. Panchanama was commenced at ________

and closed at about _________ .

Sd/- DSP, ACB

Sd/- Inspectors, ACB

Sd/- Panchayatdars.

S E C R E T

213

ANNEXURE – VI

DETAILED PANCHANAMA

(Please see Chapter No. VII Para No. 89 Page No.36)

Panchanama drawn at about _____________ on ____________ in the office

room of __________________ in the presence of ___________________ .

After completing the first panchanama in the office of DSP, ACB

___________________ at about ______________ the complainant

_________________ was instructed to leave the ACB Office with the money which he

intended to give as bribe to Sri ___________________ only on his demand at his office.

The DSP, ACB ___________ with the mediators and ACB Officers _______________

left the ACB Office by car and followed the complainant Sri _______________ At

about _______________________ the complainant ____________ was allowed to go

to comply with the demand of mamools/bribe|illegal gratification by Sri

_______________ in his office only on his demand. He was seen entering into the said

building in which Sri ____________________ is working. Inspector Sri

________________ and mediators Sri _______________________ were standing just

opposite to the said building at a distance of about _____________, while others were

at a distance of about ____________ for receiving the pre-arranged signal by the

complainant Sri ----------------------------------------- After about five munutes after entering

the said building, the complainant Sri __________________ came out of the office

room of Sri ____________________ and gave the pre-arranged signal indicating the

demand and acceptance of the bribe amount of Rs.__________ (Rupees) by Sri

______________. On receipt of the signal the DSP, ACB ______________ with the

mediators and other ACB officers mentioned above rushed into the said building. The

complainant Sri ____________________ was present in front of the office

room of ___________________ Sri ---------------------------------------------- was present in

S E C R E T

214

his office room and was found seated on his chair. The DSP, ACB

____________________ introduced them as ACB officers and ourselves as

panchayatdars. Sri _______________________ made attempt to rub his hands with

his pant. He was prevented doing so by __________________ and Sri

___________________ of ACB. On enquiry the complainant Sri

______________________ told before us that he paid an amount of

Rs._______________ as bribe towards _________________ to Sri _____________ on

his demand in his office room, which he has accepted and kept the currency notes in his

hip-pocket after counting. Immediately sodium carbonate solution was prepared in a

glass tumbler obtained from the same office in our presence. The said solution was

prepared by Sri ________________ of ACB. Sri _____________________ was then

requested to rinse the fingers of both his hands in the said solution. When he did so the

white colourless solution became pink. This test was done in our presence. Sri

_________________________ could not give any explanation, when questioned as to

why the colourless solution turned pink in colour when he rinsed his fingers in the

solution. When he was questioned regarding the bribe amount which he received from

the complainant he denied to have received any amount from the complainant. There

upon the complainant Sri ____________________ pointed out that Sri

___________________ received the amount and kept the same in his hip-pocket of the

trousers which he is wearing. Sri ______________________ mediator searched the

contents of the hip-pockets of the trousers of Sri ________________________ and

found a wad of _____________________ currency notes along with some more and

papers as detailed below:

Description of denomination notes:

(1) (2)

(2) (4)

DOCUMENTS:

(1) (2) (3)

S E C R E T

215

On comparison the numbers of _______________________ currency notes as

mentioned from Sl.No. were found to tally with the numbers of the notes recorded in the first

panchanama conducted in the office room of the DSP, ACB _______________________ from

______________ to ________________________ Sri _________________________ when

questioned about the said currency notes could not give any explanation and kept quite in a

nervous mood. The above currency notes and the other money and papers recovered from the

hip-pocket of the trousers of ____________________ have been seized. The trousers worn by

________________________ was taken from him after providing a lungi for his wear. The hip-

pocket of the trousers which is a cotton cloth was also subjected to phenolphthalein test is a

coon cloth was also subjected to phenolphthalein test just in the same way as the test

conducted on the fingers of _________________________ in a sodium carbonate solution

prepared in a separate glass tumbler. During the test the colourless solution turned pink in

colour when the cloth was dipped and washed in the sodium carbonate solution. The test was

conducted by Sri _________________ mediator. The trouser was also seized and it bears the

tailor mark of ___________________ The pant is _________ in colour. The sample of sodum

carbonate power used for the above tests has been taken in a separate envelope which is

sealed and attested by us. Sri ________________ has been arrested by the DSP, ACB

_______________ and released after taking personal surety bail bond.

The panchanama has commenced at ________________ and closed at

_____________ .

Sd/- Panchayatdars.

Sd/- DSP, ACB.

Sd/- Inspectors ACB.

S E C R E T

216

ANNEXURE VII(Extract of the Provisions of Pension Code.)

(Please see Chapter No. XX Para No.340 Page No.129)

Article No. 351: (1) Future good conduct shall be an implied condition of every

grant of pension. The pension sanctioning authority may, by order in writing, withhold or

withdraw a pension or part thereof whether permanently or for a specified period, if the

pensioner is convicted of a serious crime or is found guilty of grave misconduct.

Provided that no order shall be passed under this clause by an authority

subordinate to the authority competent to make an appointment to the post held by the

pensioner immediately before his retirement from service.

(2) Where a pensioner is convicted of a serious crime by a Court of Law, action

under clause (1) shall be taken in the light of the judgement of the court relating to such

conviction.

(3) In case not falling under clause (2), if the competent authority under clause

(1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before

passing an order under clause.

(1) (a) Serve upon the pensioner a notice specifying the action proposed to be

taken against him and the ground on which it is proposed to be taken and calling upon

him to submit within fifteen days of the receipt of the notice or such further time not

exceeding fifteen days as may be allowed by the pension sanctioning authority, such

representation as he may wish to make against the proposal; and

(b) take the representation, if any, submitted by the pensioner under sub-clause (a)

into consideration.

S E C R E T

217

(4) Where the authority competent to pass an order under clause (1) is the

Government, the Andhra Pradesh Public Service Commission shall be consulted before passing

the order.

(5) An appeal, against an order under clause (1) passed by any authority other than

the Government, shall lie to the Government and the Government shall, in consultation with the

Andhra Pradesh Public Service Commission, pass such orders on the appeals as they deem fit.

Explanation._____ In this article, the expression ‘Serious crime’ includes a crime involving

anoffence under the Official Secret Act, 1923 (Central Act No.19 of 1923) and the expression

‘grave misconduct’ includes the communication or disclosure of any secret official code of pass

word or any sketch, plan, model, article, note document or information, such as is mentioned in

section 5 of the said Act (which was obtained while holding office under the Government) so as

to prejudicially affect the interests of the general public or security of the State.

(G. O. Ms. No. 298, Finance, dated 22nd June, 1972)

RULING

The reduction of pension under this article shall be effected in whole rupees only:

(G.O.Ms.No.39, Finance, dated Ist February 1973)

Article 351-A--- The State Government further reserve to themselves the right of

withholding or withdrawing a pension or any part of it, whether permanently or for a

specified period and the right of ordering the recovery from a pension of the whole or

part of any pecuniary loss caused to Government* (and to the local authority) if, in a

departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or

negligence during the period of his service including service rendered upon re-

employment after retirement:

S E C R E T

218

Provided that:

a) such departmental proceedings, if instituted while the officer was in service,

whether before his retirement of during his re-employment shall, after the final

retirement of the officer, be deemed to be a proceeding under this article and shall be

continued and concluded by the authority by which it was commenced in the same

manner as if the officer had continued in service;

b) such departmental proceeding, if not instituted while the officer was in

service, whether before his retirement or during his re-employment.

i) shall not be instituted save with the sanction of the Government.

ii) Shall not be in respect of any event which took place more than four years before

such institution; and

iii) shall be conducted by such authority and in such place as the State Government

may direct and in accordance with the procedure applicable to departmental

proceedings in which an order of dismissal from service could be made in relation to the

officer during his service;

c) no such judicial proceedings, if not instituted while the officer was in service,

whether before his retirement or during his re-employment, shall be instituted in respect

of a cause of action which arose or an event which took place more than four years

before such institution;

d) the Andhra Pradesh Public Service Commission shall be consulted before final

orders are passed.

Explanation.--- For the purpose of this article:

a) a departmental proceedings shall be deemed to be instituted on the date on

which the statement of charges is issued to the officer or pensioner, or, if the officer has

been placed under suspension from an earlier date, on such date; and

S E C R E T

219

b) a judicial proceeding shall be deemed to be instituted:

(i) in the case of a criminal proceeding, on the date on which the complaint

or report of police officer on which the Magistrate takes cognizance, is made and

(ii) in the case of a Civil proceedings, on the date of presentation of the plaint

in the Court.

(G.O.Ms.No. 391, Finance, dated 7th June, 1963)

RULINGS

1. The reduction of pension under this article shall be effected in while rupee only.

(G.O.Ms.No.39, Finance, dated 1st February, 1973 )

2. If an officer against whom an enquiry is held is unable to satisfactorily account

for possession by himself or by any other person on his behalf, e.g., dependents, of

pecuniary resources of property disproportionate to his known sources of income, a

charge of corruption should be presumed to have been proved against him and the

case will come within the purview of Article 351-A of the Civil Service Regulations. The

position is that the term ‘grave misconduct’ used in Article 351-A of the Civil Service

Regulations is wide enough to include ‘corrupt practices’. In cases where the charges

of corruption is proved only after pension has been sanctioned and it is not therefore

possible to invoke the provisions of Article 470 of the Civil Service Regulations, action to

withhold or withdraw pension may be taken under Article 351-A, Civil Service

Regulations. In this connection, the provisions of sub-paragraph (b) (ii) and

paragraph ( c ) of the proviso to Article 351-A of the Civil Service Regulations

are to be noted carefully. In accordance with those provisions the property

or pecuniary resources in respect of which the departmental or judicial proceedings are

instituted under Article 351-A of the Civil Service Regulations should

have been in possession of the person concerned or any other person

on his behalf, anytime within the period of four years before the institution of such

S E C R E T

220

Proceedings if not instituted while the officer was on duty either before retirement or

during re-employment. (G.O.Ms.No.236, Finance Department, dated 29th September,

1973).

3. The death-cum-retirement gratuity admissible under the Andhra Pradesh

Liberalised Pension Rules, 1961, has been consistently viewed as a git and not a debt.

It follows that no individual has a right to claim the whole or any part of it. It would,

therefore, be open to Government to decline to pay it even in the absence of a specific

rule to that effect. It may not, therefore, be necessary to go into the question whether

the term pension occurring in Article 351-A, Civil Service Regulations includes the

death-cum-retirement gratuity or not.

It means Government have got full right to withhold the dealth-cum-retirement

gratuity in full or part or to recover the pecuniary losses from the death-cum-retirement

gratuity irrespective of the position whether the word ‘Pension” in Article 351-A, Civil

Service Regulations includes death-cum-retirement gratuity or not. (G.O.Ms.No.307,

Finance Department, dated 21st December, 1973).

4. According to proviso (a) of Article 351-A, Civil Service Regulations,

departmental proceedings, if instituted while the officer was in service, whether before

his retirement or during his re-employment shall, after the final retirement of officer, be

deemed to be proceedings under the said Article and shall be continued and concluded

by the authority by which it was commenced in the same manner as if the officer had

continued in service. A question has been raised whether in the case of an officer

whose case proceedings against whom were instituted by an authority subordinate to

the Government, order for withdrawal with holding of pension can be passed by the

subordinate authority on the conclusion of the proceedings, or that authority should refer

the case to the Government for final orders.

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The function of the Disciplinary Authority is only to reach a finding on the

charges and to submit a report recording its findings to the Government. It is then for

the Government to consider the findings and take a final decision under Article 351-A,

Civil Service Regulations. In case Government decide to take action under Article 351-

A, Civil Service Regulations, in the light of the findings of the Disciplinary Authority, the

Government will service the person concerned with a show-cause notice specifying the

action proposed to be taken under Article 351-A, Civil required to submit his reply to the

show-cause notice within such time as may be specified by the Government. The

Government will consider the reply and consult the Andhra Pradesh Public Service

Commission. If as a result of such consideration in consultation with the Commission, it

is decided to pass an order under Article 351-A, Civil Service Regulations, necessary

orders will be issued in the name of the Government.

(G .O. Ms. No.306, Finance Department, dated 21st Dec, 73)

Article No. 470:---- (A ward of full pension)

a) The full pension admissible under the rules is not to be given as a matter of

course, or unless the service rendered has been really approved.

b) If the service has not been thoroughly satisfactory, the authority sanctioning

the pension should make such reduction in the amount as it thinks proper. Note: (a)

Article 470 cannot be used directly to effect a penal recovery, but the Government are

justified in making proof of a specific instance of fraud or negligence by an officer, the

ground for a finding that his service has not been thoroughly satisfactory with the

meaning of the article for the purpose of reducing the pension:

c) the measure of the reduction in the amount of pension made under

the article should be the extent by which the officers’ service as a whole

has failed to reach a thoroughly satisfactory standard, and any attempt to equate

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the amount of reduction with the amount of loss caused to the Government is incorrect.

d) the article contemplates permanent reduction in the amount of pension ordinarily

admissible and does not admit of the reduction of the pension payable in respect of any one

particular year.

e) the article does not operate to authorize a reduction of ordinary pension either to

nothing or to a nominal amount.

(G. O. Ms. No. 558, Finance, dated 30th October, 1963)

RULINGS

1. The power to reduce pension has not been delegated by Government to subordinate

authorities.

(G.O. No.133, Finance (Pension), dated 16th March, 1920,

No. S. 127 of 1919 – 20)

In the case of non-gazetted officers whose pension can be sanctioned by the authorities

competent to fill the posts vacated by the retiring officers when such authorities are of a rank

less than he Heads of Departments, their pension can be reduced up to 10% by the authority to

whom appeals lie in cases of punishments under the Civil Service (Classification, Control and

Appeal) Rules inflicted by the said authority competent to sanction the pension.

(G. O. Ms. No.335, Finance, dated 12th October, 1964) .

2. With reference to article 470 (b), if the authority or officer empowered in paragraph 1

supra considers that it is open to question whether the full pension admissible under regulations

should be granted to an officer, owing to his unsatisfactory character and conduct, the pension

application shall be submitted to the Government for orders with a concise statement of the

unfavourable circumstances appearing against that officer, and a sufficient explanation thereof

to enable the Government to form an opinion as to the priority of reducing the pension.

{G. O. No. 526 (Pension), dated 16th July, 1914, and No. 746 (Pension), dated 14th

November, 1914, A. Gs. Pen. Mis. No. 1-1 of 1908-15)-}

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3. For instructions regarding the grant of full pension in case where losses are caused

to Government as a result of negligence or fraud on the part of the person concerned while in

service, etc., attention is invited to G.O.No.845, Finance (Pension), dated 29th October, 1935. A

Gs. Case PV 6-5 of 1935-36.

4. Not printed.

5. Please see ruling 2 under article 441.

6. In all cases of reduction of pension under this article, the officer concerned

shall be informed in writing by the competent authority to reduce the pension, of the

proposal to take such action in regard to him and of the allegations on which the action

is proposed to be taken and is given an opportunity to make any representation he may

wish to taken into consideration by such authority.

7. The reduction of pension under this article shall be effected in while rupees only.

(G.O. Ms. No. 39, Finance, dated 1st February, 1973).

8. If an officer against whom an enquiry is held is unable to satisfactorily

account for possession by himself or by any other person on his behalf, e.g.,

dependents of pecuniary resources or property disproportionate to his known

sources of income, a charge of corruption should be presumed to have

been proved against him and the case will come within the purview of article

470 of the Civil Service Regulations. The position is that the service of an officer

against whom a charge of corruption has been proved whether in a specific case

or by the presumption stated above cannot be considered to be thoroughly satisfactory.

As such, failure on the part of the officer concerned to explain satisfactorily the

possession of wealth disproportionate to his known sources of income is sufficient to

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Warrant a reduction being made in the amount of his pension under Article 470 of the Civil

Service Regulation. Such action under Article 470, Civil Service Regulation, should, however,

be taken only after a charge of corruption has been proved in the above manner in formal,

departmental enquiry.

(G.O.Ms.No.236, Finance Department, dated 29th September, 1973)

9. No reduction should be made reducing the pension below Rs. 15 per mensum

including the temporary increase which is the minimum pension prescribed even in cases where

a reduction in pension is ordered by the sanctioning authority.

(G.O. Ms. No. 305, Finance Department, dated 21st December, 1973)

Extracts of the Hyderabad Civil Services Rules Manual

(Volume I – Rules).

Rule 235: The full pension admissible under the rule is not to be given as a matter of

course, unless, the service rendered has been satisfactory

Rule 236 : If the service has not been thoroughly satisfactory the authority,

sanctioning the pensions should make such reduction in the amount as it thinks proper.

Note: (1) The power to reduce pension shall be exercised by Government only.

Note: (2) Under the Hyderabad Civil Services (Classification, Control

and Appeal) Rules reduction of pension is not a statutory penalty and it is

not obligatory on the part of authority concerned to give the officer concerned an

opportunity to show cause why his pension should not be reduced. However,

the procedure prescribed in Rule 21 of the Hyderabad Civil Services (Classification,

Control and Appeal) Rules, shall be followed in cases where a reduction in pension is

contemplated on the basis of fresh allegations, if any which come to notice

after the retirement of the Government Servant and of which the Government

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Servant has had no previous opportunity to give his explanation. But, if the proposed reduction

is based on the past record of his service including previous punishments or censures it shall

not be necessary to follow the procedure prescribed above.

Note : 3 (a) Rule 236 cannot be used directly to effect a penal recovery but the

Government are justified in making proof of a specific instance of fraud or negligence by an

officer, the ground for finding that his service has not been thoroughly satisfactory with the

meaning of the rule for the purpose of reducing his pension;

b) the measure of the reduction in the amount of pension made under the rule should

be the extent by which the officer’s service as a whole has failed to reach a thoroughly

satisfactory standard, and any attempt to equate the amount of reduction with the amount of

loss caused to the Government is incorrect;

c) the rule contemplates permanent reduction in the amount of pension ordinarily

admissible and does not admit of the reduction of the pension payable in respect of any one

particular year;

d) the rule does not operate to authorize a reduction of ordinary pension either to

nothing or to a normal amount.

(G. O. Ms. No. 386, Finance, dated 6th October, 1961 and

G. O. Ms. No. 588, Finance, dated 30th November, 1963).

Rule 238: Future good conduct is an implied condition of every grant of pension. The

Government reserve to themselves the right of withholding or withdrawing a pension or any part

of it, for a specified time, or forever, if the pensioner be convicted of serious crime or found

guilty of grave misconduct.

Rule 239: The State Government further reserve to themselves

the right of withholding or withdrawing a pension or ay part of it, whether permanently or

for a specified period and the right of ordering the recovery from a pension

of the whole or part of it, whether permanently or for a specified period and

the right of ordering the recovery from a pension of the whole or part of any

pecuniary loss caused to Government, if, in a departmental or judicial proceeding, the

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Pensioner is found guilty of grave misconduct or negligence during the period of his

service including service rendered upon re-employment after retirement.

Provided that,__________

a) such departmental proceeding, if instituted while the officer was in service, whether

before his retirement or during his re-employment, shall, after the final retirement of the officer,

be deemed to be a proceeding under this article and shall be continued and concluded by the

authority by which it was commenced in the same manner as if the officer had continued in

service;

b) such departmental proceeding, if not instituted while the officer was in service,

whether before his retirement or during his re-employment:---

i) shall not be instituted save with the sanction of the Government;

ii) shall not be in respect of any event which took place more than four years before such

institution; and

iii) shall be conducted by such authority and in such place as the Government may direct

and in accordance with the procedure applicable to departmental proceedings in which an order

of dismissal from service could be made in relation to the officer during his service;

c) no such judicial proceedings, if not instituted while the officer was in service, whether

before his retirement or during his re-employment, shall be instituted in respect of a cause of

action which arose or an event which took place more than four years before such institution;

and

(d) the Andhra Pradesh Public Service Commission shall be consulted before final

orders are passed.

Explanation : For the purpose of this article:

(a) a departmental proceeding shall be deemed to be instituted on the date on

which the statement of charges is issued to the officer or pensioner, or if the officer has been

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Placed under suspension from an earlier date, on such date; and

b) a judicial proceeding shall be deemed to be instituted;

i) in the case of criminal proceeding on the date on which the complaint or report

of police officer, on which the Magistrate takes cognizance, is made, and

ii) in the case of a civil proceeding, on the date of presentation of the plaint in the

Court.

Rule 239-A : (1) Where any departmental or judicial proceedings is instituted

under Rule 239 or where a departmental proceeding is continued under clause ( a ) of

the proviso thereto against an officer who has retired on attaining the age of compulsory

retirement or otherwise, he shall be paid during the period commencing from the date of

his retirement to the date on which, upon conclusion of such proceeding, final orders

are passed, a provisional pension not exceeding the maximum pension which would

have been adminissible on the basis of his qualifying service up to the date of

retirement, or if he was under suspension on the date of retirement, up to the date

immediately preceding the date on which he was placed under suspension, but no

gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of

such proceeding and the issue of final orders thereon

2) Payment of provisional pension made under clause (1) shall be adjusted

against the final retirement benefits sanctioned to such officer upon conclusion of the

aforesaid proceeding but no recovery shall be made where the pension finally

sanctioned is less than the provisional pension or the pension is reduced or withheld

either permanently or for a specified period.

Note: The grant of pension under this rule shall not prejudice the operation of

rule 235 and 236, H.C.S.R. when final pension is sanctioned upon conclusion of the

proceeding.

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