Saturday, July 2, 2011

Procedure to be followed in forwarding investigation papers to the Anti-Corruption Department.

O.M.No: GAD 12 OSR 61, dated 25th October 1961.
Sub:- Procedure to be followed in forwarding investigation papers to the Anti-Corruption Department.
The Department of Anti-Corruption and Technical Audit (P.W.D) as at present constituted is responsible for investigations into-
(a) the allegations of inefficiency and corruption against Gazetted Officers;
(b) to conduct Departmental Enquiries in cases where the Director, Anti-Corruption, is appointed as an Enquiry Officer under Rule 14(A) of Mysore Civil Services (Classification, Control and Appeal) Rules, 1957;
2. The above character of duties should not be construed to exclude the responsibility of the heads of departments and the Secretaries to Government to look after the 'moral health' of Government Servants working under their control.
3. With this object in view, it is necessary that whenever representations containing allegations against Government Servants working in any department are received, the supervisory officers should in the first instance carefully scrutinise the allegations to see if 'prima facie' the allegations are serious or frivolous. In the latter event, it will be for the head of the department to give a summary disposal to the communication in question and file the papers. Where, however, preliminary study discloses the desirability or necessity of further probe, it will be the duty of the department to check on the allegations with reference to the available records or other relevant material held in the Office. If after this check more detailed and systematic investigation is considered desirable, a reference should be made to the Director of Anti-Corruption. It will be necessary to send all records connected with the allegations under references as well as the preliminary observations of the Department to the Director of Anti-Corruption.
4. In no case the communication containing allegations against Gazetted or non-Gazetted Officers should be sent "mechanically" to the Director, Anti-Corruption without the considered views or observations of the department.
5. The Director of Anti-Corruption after conducting detailed investigations into the cases remitted to him by concerned, departments, will formulate his view precisely regarding the nature of allegations, the extent to which they have been substantiated by facts and the Officers who are to be held answerable. He will also propose appropriate action against the concerned officials, e.g., Departmental proceedings, Enquiry or Summary, departmental proceedings under Rule 12 or Criminal proceedings in a Court of Law.
6. The recommendation of the Director of Anti-Corruption on the above points together with the records of preliminary investigation will be sent to the Secretary of the Department concerned.
7. It will be the duty of the Secretary of the Department to examine the report of the Director of Anti-Corruption and record of investigation and after careful examination, obtain orders of Government on the following points:-
(a) Whether on the basis of the report of preliminary enquiry conducted by the Director, Anti-Corruption, prima facie case for holding a Departmental Enquiry has been made out or whether the case warrants criminal prosecution in the Court of Law.
(b) If Departmental Enquiry is called for the Officer who should be appointed to conduct the departmental enquiry (it need not in all cases be conducted by the Director, Anti-Corruption. In fact, in large number of cases it will be desirable to appoint Departmental Officers as Enquiry Officers.
(c) The officers against whom the enquiry is to be held and the charges on which the enquiry should be held. For this purpose, it will be necessary for the department to specify the proposed charges in the form of a draft.
(d) The nature of proceedings, namely, whether Rule 11 or Rule 12 of the C.C.A. Rules should be applied. In the latter case it will not be necessary to appoint an Officer as an Enquiry Officer. The required notices under Rule 12 would have to be issued by the Secretariat Departmental concerned.
(e) If enquiry under Rule 11 is decided upon, the time within which the enquiry should be completed, and
(f) any other relevant instructions that Government may like to issue, e.g., in cases where common proceedings are necessary against more than one Officer, specific direction of the Government to this Department under the relevant Rules would have to be issued.

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