Saturday, July 2, 2011

Public Services - Departmental Proceedings against Government Servants involved in cases of fraud, embezzlement, loss of Government money etc. instruc

GOVERNMENT OF MYSORE
No.GAD 105 SRR 64 Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, dated the 23rd March 65.
OFFICIAL MEMORANDUM
Sub:- Public Services - Departmental Proceedings against Government Servants involved in cases of fraud, embezzlement, loss of Government money etc. instructions-
Ref: Circular No.GAD (S-1) 38 SSR dated, 30th October 1958.
Instances have come to the notice of Government where prompt action has not been taken against Government Servants involved in loss of Government money due to fraud, embezzlement, etc., It is very important to avoid delay in such cases in investigation since any delay in taking action either departmentally or by recourse to original proceedings results in loss to Government in as much as the amounts misappropriated
become irrecoverable due to the fact the Government Servants concerned either retire or are dead.
2) It has also been noticed that in cases of fraud or embezzlement by Government Servants, there is a tendency on the part of the Head of the Office or a Department to consider that lodging a criminal complaint saves the trouble of initiating departmental proceedings and is therefore easier to have recourse to it. As soon as cases of loss of Government money come to notice, prompt action should be taken to investigate the same and fix the responsibility, both directed and indirect for the loss on the persons involved and to decide as to who among them should be prosecuted or in whose cases departmental proceedings would suffice or are possible irrespective of the decisions to prosecute all or some of the delinquents in a Court of Law, departmental proceedings may be commenced against all of them without undue delay and such proceedings should be carried as far as possible, short of the stage of recording of a finding and imposing a penalty, before the case against those whom it is decided to prosecute is put in Court. When a charge sheet is filed against any one of the delinquents in a Court of Law, the departmental proceedings against him should be stayed. It should be formally resumed or concluded or dropped according to the merits of the case after the decision of the court is available. If the subject matter of the charge-sheet in a criminal court is also a point of issue or relevant fact with respect to disciplinary proceedings against other delinquents, then the entire proceedings shall have to be stayed, and if the subject matter of the charge-sheet in a Court of Law and the charge framed in the disciplinary proceedings against the other delinquents are not the same but distinct, then the departmental proceedings should be continued. The stage upto which departmental proceedings prior to prosecution, should be taken must however depend on the circumstances of each case and cannot be precisely defined. Where it appears that recourse to judicial proceedings is likely to be involved, competent legal advice should be taken by the departments concerned and where there is a reasonable suspicion of fraud or other criminal offence, a prosecution should be the rule unless the legal advisers consider that evidence available is not such as will secure a conviction. If the accused government servant is convicted by the court and awarded an adequate sentence the departmental proceedings against him should be formally completed and proceedings against other delinquents continued. If the accused is not convicted, or the accused is inadequately punished, the departmental proceedings against him will be resumed as also against the remaining delinquent government Servants.
3. As regards the question of taking action against government Servants who by their failure to prevent fraud or embezzlement have also become responsible for the loss of government money, in the case of such government Servants also departmental proceedings should be commenced along with the actual miscreants without any delay irrespective of the question of prosecuting them in a court of law. However, it may not be possible to take a final position on the charges against such government Servants until the Court's findings against such principle offenders are available. The administrative authority concerned should decide on the basis of the facts and records of each case how far and in what cases he can proceed departmentally at once against such government Servants. It is difficult to lay down any hard and fast rule when the departmenta proceedings against such a Government Servants. It is difficult to lay down any hard and fast rule when the departmental proceedings against such a government Servants without assuming or even referring to the guilt of the principle offenders and without pre-judging the issue before the court and thus avoid committing contempt of court. The authorities concerned will have to find out that the evidence already avoidable would be sufficient and in any case they may get written copies of such documents as may have to be put in a Court.
4. All Heads of Departments are requested to go through these instructions carefully and bring them to the notice of all concerned. The departmental proceedings of loss of government money should be dealt with as expeditiously as possible and where the loss of government money is due to failure on the part of the officers concerned for proper supervision of accounts, the matter will have to be viewed seriously in accordance with these instructions.
Sd/-
K.Balachandran,
Chief Secretary to Government.

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