ANDHRA PRADESH

ANTI-CORRUPTION BUREAU MANUAL

(GENERAL)
CHAPTER I
CONSTITUTION AND ORGANIZATION OF THE ANTI-
CORRUPTION BUREAU

He functi ons as second i n command and takes the deci si ons on behal f of
the Di rector, when the Di rector i s not avai l abl e for urgent consul tati ons.
The Joi nt Di rectors are al l otted di fferent terri tori al j uri sdi cti ons and the
di stri buti on of work amongst them i s as fol l ows:
(a) Joi nt Di rector (ndhra !one):
"n #ursuance of the $ol i c% deci si on taken to stati on Joi nt Di rectors at
&egi onal 'entres, the Head(uarters of Joi nt Di rector (ndhra !one) was
shi fted from H%derabad to )i sakha#atnam wi th effect from *+,-,.-/0. He
i s i ncharge of the !one coveri ng 1ri kakul am, )i 2i anagaram,
)i shaka#atnam, 3ast 4odavari , 5est 4odavari , 6ri shna and 4untur
di stri cts.
(b) Joi nt Di rector (&a%al aseema !one):
He i s i ncharge of the !one coveri ng $rakasam, 7el l ore, 'hi ttor,
'udda#ah, nanta#ur and 6urnool di stri cts.
(c) Joi nt Di rector (Tel angana !one):
He i s i ncharge of the !one coveri ng 8edak, 7i 2amabad, di l abad,
6ari mnagar, 5arangal , 6hammam, 7al gonda, 8ahbubnagar and
&angaredd% di stri cts.
(d) Joi nt Di rector ('i t % !one):
He i s i ncharge of the !one coveri ng the twi n ci ti es of H%derabad and
1ecunderabad.
(e) 9ne of the De#ut % Di rectors i s i ncharge of dmi ni strati on and
9#erati ons:
9f the t wo De#ut % Di rectors, one De#ut % Di rector i s i ncharge of
Trai ni ng 5i ng and other De#ut% Di rector i s i ncharge of dmi ni strati on and
undertakes s#eci al en(ui ri es and s#eci al o#erati ons i n certai n target
areas, entrusted b% the Di rector.
0. The enti re 1tate i s di vi ded i nto .: &anges as menti oned bel ow wi th
a De#ut% 1u#eri ntendent of $ol i ce i ncharge of a &ange e;ce#t the 'i t %
&ange, whi ch has got two De#ut% 1u#eri ntendents of $ol i ce.
.. 5al tai r &ange. < )i sakha#atnam, 1ri kakul am and )i 2i anagaram
di stri cts.
1 3 ' & 3 T
*. &aj ahmundr% &ange. < 3ast 4odavari and 5est 4odavari
di stri cts.
=. )i j a%awada &ange. < 6ri shna and 4untur di stri cts.
0. 7el l ore &ange. < 7el l ore and $rakasam di stri cts.
>. Ti ru#ati &ange. < 'hi ttor and 'udda#ah di stri cts.
?. 6urnool &ange. < 6urnool and nanta#ur di stri cts.
+. H%derabad &ange. < &anga &edd%, 7al gonda and 8ahabubnagar
di stri cts.
/. 7i 2ambad &ange. < 7i 2ambad, 8edak and di l abad di stri cts.
-. 'i t% &ange. < Twi n 'i ti es of H%derabad and 1ecunderabad and
H%derabad di stri ct.
.:. 5arangal &ange. < 5arangal , 6ari mnagar and 6hammam
di stri cts.
>. n "ns#ector i s i ncharge of each di stri ct. Three "ns#ectors are
attached to each De#ut % 1u#eri ntendent of $ol i ce and the% are desi gnated
as &ange "ns#ectors. 7ormal l % al l cases of en(ui ri es@i nvesti ,gati ons of
di s#ro#orti onate assets and 3ngi neeri ng cases are entrusted to the
&ange "ns#ectors so that the% ma% s#eci al i se i n these t%#es of
en(ui ri es@i nvesti gati ons. Aut for admi ni strati ve reasons or on grounds of
urgenc%, such work can al so be entrusted b% the &ange D. 1. $. to the
Di stri ct "ns#ector after obtai ni ng #ermi ssi on of the Di rector.
2
?. (a) The De#ut% Di rector (dmi ni strati on and 9#erati ons) i s assi sted
b% two "ns#ectors and t wo 1ub,"ns#ectors of $ol i ce for undertaki ng
s#eci al en(ui ri es@i nvesti gati ons entrusted b% the Di rector@ddi ti onal
Di rector, nti ,'orru#ti on Aureau and for s#eci al
o#erati ons i n certai n target areas and col l ecti on of i nformati on about
cri mi nal mi sconduct on the #art of #ubl i c servants etc.,
1 3 ' & 3 T
(b) De#ut% Di rector, Trai ni ng i s i ncharge of Trai ni ng and 9#erati ons. He
l ooks after the vari ous trai ni ng #rogrammes that have to be conducted
regul arl %. "n addi ti on to the trai ni ng #rogrammes, he wi l l be entrusted wi th
i m#ortant en(ui ri es and s#eci al o#erati onal works.
(c) These uni ts wi l l al so mai ntai n l i sts as i nstructed b% the Di rector,
ddi ti onal Di rector or Joi nt Di rectors.
+. 1ubj ect to the general su#ervi si on and control of the Di rector and
ddi ti onal Di rector, the enti re work i n the res#ecti ve !ones i s control l ed,
di rected and su#ervi sed b% concerned Joi nt Di rectors.
/. l l the above offi cers (e;ce#ti ng "ns#ectors) wi l l undertake tours and
i ns#ecti ons and gi ve constant gui dance to thei r subordi nates i n res#ect of
i nvesti gati ons and en(ui ri es. The% wi l l al so scruti ni se the fi nal re#orts i n
al l cases before forwardi ng them to the Di rector. The "ns#ectors al so are
touri ng offi cers.
-. There i s al so a team of non,$ol i ce offi cers stati oned at Head(uarters,
H%derabad. The team consi sts of :,
(i ) De#ut % Di rector, Borests (of the rank of Di vi si onal Borest 9ffi cer.)
(i i ) De#ut% Di rector, 3ngi neeri ng (of the rank of 3;ecuti ve 3ngi neer.)
and ssi stant Di rector (of rank of De#ut % 3;ecuti ve 3ngi neer.)
(i i i ) De#ut% Di rector, &evenue (of the rank of 1#eci al 4rade De#ut %
'ol l ector.)
3
(i v) ssi stant Di rector, 'ommerci al Ta;es (of the rank of
'ommerci al Ta; 9ffi cer.)
(v) ccounts 9ffi cer@ 'hartered ccount.
.:. The above offi cers drafted from thei r res#ecti ve
De#artments to the nti ,'orru#ti on Aureau assi st the Aureau
i n conducti ng en(ui ri es i nvol vi ng techni cal matters #ertai n,
1 3 ' & 3 T
i ng to thei r res#ecti ve De#artments. The% al so assi st the 9ffi cers of nti ,
'orru#ti on Aureau i n the detecti on of an% l acunae i n the admi ni strati ve
and fi nanci al #rocedures fol l owed i n thei r res#ecti ve De#artments.
... 7on,$ol i ce 9ffi cers ma% be drafted to the nti ,'orru#ti on Aureau i n
accordance wi th the needs, from ti me to ti me, from the De#artments
concerned after obtai ni ng orders of the 4overnment Cvi de 4.9. 8s.
7o. .//:, 4eneral dmi ni strati on (1'.') De#artment, dated .?
t h
December, .-?:D.
LEGAL SECTION
.*. (a) There i s 'hi ef Eegal dvi ser. He wi l l gi ve hi s o#i ni on i n al l
i m#ortant cases (&egi stered 'ases and &egul ar 3n(ui ri es) i n whi ch hi s
advi ce i s sought b% the Di rector@ddi ti onal Di rector@Joi nt Di rectors. He wi l l
al so conduct i m#ortant cases entrusted to hi m b% the Di rector i n the
'ourts of 1#eci al Judges, .'.A. F 1.$.3.
(b) Di rector of $rosecuti ons and an ddi ti onal Di rector of
$rosecuti ons (of the rank of Di stri ct 8uni si f@$ol i ce $rosecuti ng 9ffi cer)
are avai l abl e to l ead evi dence before the Tri bunal for Di sci #l i nar%
$roceedi ngs. There are al so four Eegal dvi sers,cum,1#eci al $ubl i c
$rosecutors i n the nti ,'orru#ti on Aureau to conduct #rosecuti on i n the
'ourts of 1#eci al Judges for 1.$.3. F .'.A. 'ases at H%derabad and
)i sakha#atnam. The% wi l l al so gi ve l egal o#i ni ons i n al l
4
3n(ui ri es@&egi stered 'ases conducted b% the Aureau and on al l other
matters referred to them b% the Di rector and ddi ti onal Di rector.
(c) There i s al so a 1tandi ng 'ounsel who wi l l be the retai ner of the
.'.A. i n the Hi gh 'ourt. He wi l l kee# l i ai son and co,ordi nate the work
between .'.A. and the Hi gh 'ourt, 1u#reme 'ourt and ndhra $radesh
dmi ni strati ve Tri bunal s. He wi l l #ersonal l % a##ear i n the cases of .'.A.
i n a##eal s fi l ed before the Hi gh 'ourt and ndhra $radesh dmi ni strati ve
Tri bunal s etc.
1 3 ' & 3 T
TECHNICAL SECTION:
.=. The Aureau ac(ui red e(ui #ment to i m#rove i ts techni cal
ca#abi l i ti es. Bor the #ro#er mai ntenance of 'ameras, Ta#e,recorders and
#l ai n #a#er co#i ers, techni cal #ersonnel are taken ei ther on de#utati on
from the other De#artments or a##oi nted di rectl %.

.0. The 9rgani sati onal structure of the Aureau i s shown i n the 'hart
at nne;ure,".
5
1 3 ' & 3 T
CHAPTER II
POWERS, DUTIES AND RESPONSIBILITIES
.>. (a) The nti ,'orru#ti on Aureau has #owers to i nvesti gate offences
under secti ons .?. to .?>, ".$.'. and the offence of 'ri mi nal
mi sconduct under secti on > of the $reventi on of 'orru#ti on ct, .-0+G
(b) The nti ,'orru#ti on Aureau i s com#etent to conduct
i nvesti gati ons not onl % agai nst the 4overnment 1ervants but al so other
#ubl i c servants who are em#l o%ees of vari ous 1tate $ubl i c Hndertaki ngs,
1tatutor% 'or#orati ons, 4overnment 'om#ani es and Eocal uthori ti esG
i .e., al l #ai d em#l o%ees worki ng i n 8uni ci #al i ti es, !i l l a $ari shads,
$ancha%ats and i nsti tuti ons managed b% such l ocal bodi es.
(c) 5hi l e i nvesti gati ng the offences menti oned above, the nti ,
'orru#ti on Aureau ma% al so i nvesti gate an% other offences commi tted b%
the accused #ubl i c servant i n the course of the same transacti on. Burther
i f i n the course of i nvesti gati on i nto a case of corru#ti on, an%
mi sa##ro#ri ati on of #ubl i c funds on the #art of .9. comes to noti ce, the
.'.A. i tsel f shoul d take u# further acti on for #rosecuti ng the concerned
i nstead of entrusti ng the cases to the 'ri me Aranch '.".D.
(d) "n cases where #ri vate #ersons are i nvol ved al ong wi th #ubl i c
servants i n cri mi nal cons#i rac% or abetment or other offences, the
6
i nvesti gati on ma% be made agai nst those #ersons al ong wi th the #ubl i c
servants concerned.
(e) ccordi ng to 4overnment 8emoranda 7o..?=@1'.D@/=,*F=,
4eneral dmi ni strati on (1'.D) De#artment, dated =:
t h
8arch, .-/= and
dated .:
t h
June, .-/=, the nti ,'orru#ti on Aureau i s del egated wi th the
fol l owi ng suo motu #owers for effecti ve functi oni ng.
1 3 ' & 3 T
(i ) nti ,'orru#ti on Aureau wi l l have ful l #owers of
col l ecti ng source i nformati on agai nst al l offi cersG
(i i ) $ermi ssi on for #rel i mi nar% or regul ar en(ui ri es,
regi strati on of cases or l a%i ng of tra#s etc., shoul d be
gi ven #ersonal l % b% the Di rector, nti ,'orru#ti on
Aureau and not b% an% other functi onar%G
(i i i ) "n res#ect of the l l ,"ndi a 1ervi ce 9ffi cers and Heads of
De#artments, the Di rector, nti ,'orru#ti on Aureau shoul d
obtai n #ri or #ermi ssi on of the 'hi ef 1ecretar% before
i ni ti ati ng a di screet or regul ar en(ui r% or regi steri ng a
case or l a%i ng a tra# etc,.
(f) "n H.9 7ote 7o. ..>:@1'.D@/=,*, 4eneral dmi ni strati on
De#artment, dated *>
t h
Jul %, .-/=, the 4overnment i ssued the fol l owi ng
further i nstructi ons:,

(i) 5hi l e forwardi ng the #eti ti ons@com#l ai nts to the nti ,
'orru#ti on Aureau, the referri ng authori t % need not s#eci f%
the t%#e of acti on to be taken. The #eti ti on@com#l ai nts
shoul d be forwarded for I Di screet 3n(ui ri esJ onl %G
(ii) "f a #ri ma faci e case i s establ i shed duri ng the di screet
en(ui r% b% the nti ,'orru#ti on Aureau ei ther i n whol e or i n
res#ect of a few of the al l egati ons, the Aureau wi l l convert
7
the di screet en(ui r% i nto I &egul ar 3n(ui r%J under i nti mati on
to the De#artment concerned wi thout wai ti ng for the
com#l eti on of the en(ui r% on al l the al l egati ons.
(iii) Duri ng the Di screet or &egul ar 3n(ui r%, i f a cogni 2abl e
offence i s found to have been commi tted, the nti ,
'orru#ti on Aureau i tsel f wi l l regi ster the case under the
#rovi si on of the "ndi an $enal 'ode and the $reventi on of
'orru#ti on ct, as the case ma% be, and #roceed
1 3 ' & 3 T
wi th further i nvesti gati on under i nti mati on to the De#artment
concernedG
(iv) "n res#ect of l l ,"ndi a 1ervi ces 9ffi cers and Heads of
De#artments, the Di rector, nti ,'orru#ti on Aureau, woul d
conti nue to obtai n the #ri or #ermi ssi on of the 'hi ef
1ecretar% to 4overnment for i ni ti ati ng an% en(ui r% vi 2.,
Di screet 3n(ui r%@&egul ar 3n(ui r%@&egi steri ng a case@Ea%i ng
a tra#.
"n vi ew of the above i nstructi ons, the #rocedure of conducti ng
#rel i mi nar% en(ui ri es has been di s#ensed wi th.
.?. The nti ,'orru#ti on Aureau shoul d not i nvesti gate i nto com#l ai nts
agai nst non,offi ci al 'hai rmen of 8uni ci #al i ti es and !i l l a $ari shads and
$resi dents of $ancha%at 1ami thi s and $ancha%ats wi thout s#eci al orders
of 4overnment.
5here the i nsti tuti on of the Eok %ukta i s al read% sei 2ed of the
matter, the .'.A. wi l l not i nvesti gate i nto cases of the above categor%.
.+. The 9ffi ces of the Di rector, ddi ti onal Di rector, Joi nt Di rectors,
De#ut % 1u#eri ntendents of $ol i ce of the ci t % and other &anges and Di stri ct
and &ange "ns#ectors of $ol i ce of the nti ,'orru#ti on Aureau have been
decl ared as $ol i ce 1tati ons vi de 4.9. 8s. 7o. =0., Home ($ol .D)
De#artment, dated *=
r d
8a%, .-/0 (nne;ure,"").
8
/. 'l ause (D) of 1ect i on >, of t he $revent i on of 'orru#t i on ct , .-0+
st i #ul at es t hat not wi t hst andi ng an%t hi ng cont ai ned i n t he 'ode of 'ri mi nal
$rocedure, .-+=, no $ol i ce 9f f i cer bel l ow t he rank of De#ut % 1u#eri nt endent of
$ol i ce, shal l i nvest i gat e an% off ence #uni shabl e under 1ect i on .?. sect i on
.?> or sect i on .?>, of t he " ndi an $enal 'ode or under 1ect i on > of t he
$revent i on of 'orru#t i on ct , .-0+ wi t hout t he order of a 8agi st rat e of t he Bi rst
'l ass or make an% arrest t heref ore wi t hout a warrant . However, i n 4. 9. 8s.
1 3 ' & 3 T
7o. .+:, 4eneral dmi ni st rat i on (1'. D) De#art ment , dat ed *:
t h
8arch, .-?/ as
#er 1ect i on >, of t he $revent i on of 'orru#t i on ct , t he 1t at e 4overnment
aut hori 2ed t he " ns#ect ors, nt i ,'orru#t i on Aureau t o i nvest i gat e i nt o cases
f al l i ng under 1ect i ons .?., .?>, .?>, "$' and #rovi si ons of the $reventi on
of 'orru#ti on ct, wi thout orders of a 8agi strate of the Bi rst 'l ass. n
9ffi cer i ncharge of an offi ce of the nti ,'orru#ti on Aureau whi ch i s
decl ared as a $ol i ce 1tati on ma% regi ster a case i n res#ect of offences
commi tted under 1ecti on > of the $reventi on of 'orru#ti on ct, .-0+ (ct
"" of .-0+) wi thi n hi s j uri sdi cti on and i nvesti gate i t.
.-. The Di rector e;erci ses al l #owers of i nvesti gati on vested i n the
subordi nate offi cers of the Aureau. He can cal l for the record of an
en(ui r% at an% stage and scruti ni se them and i f necessar%, transfer the
en(ui r%@" nvesti gati on from one offi cer to another at an% stage for the
reasons to be recorded. The ddi ti onal Di rector ma% e;erci se these
#owers i n the absence of the Di rector, nti ,'orru#ti on Aureau.
*:. " n al l Di screet 3n(ui ri es@ &egul ar 3n(ui ri es@ &egi st ered 'ases@ Tra#
'ases ordered b% 4overnment , re#ort s have t o be sent t o t he concerned
1ecret ari es t o 4overnment marki ng co#i es t o t he 'hi ef 1ecret ar% t o
4overnment .
*.. The Di rector wi l l take fi nal deci si on i n res#ect of the fi ndi ngs
arri ved at i n al l en(ui ri es@i nvesti gati ons of the Aureau and recommend to
the 4overnment on the further acti on to be taken. The Di rector ma%
9
e;ami ne wi tnesses and undertake tours to sati sf% hi msel f on the fi ndi ngs
arri ved b% hi s subordi nates, i n i m#ortant cases.
**. 5el l #l aced, rel i abl e i nde#endent sources are to be cul ti vated
for faci l i tati ng en(ui ri es and i nvesti gati ons. 'are has to betaken that the
i denti t % of such sources i s not com#romi sed under an% ci rcumstance. The
standard of i ntegri t % of offi cers has al wa%s to remai n un(uesti onabl e.
1 3 ' & 3 T
9ffi cers whose acti vi ti es are (uesti onabl e or about whose i ntegri t %, #ubl i c
are doubti ng be re#atri ated wi thout an% del a%.
*=. l l en(ui ri es wi l l be entrusted to the De#ut% 1u#eri ntendents of
$ol i ce of the 'i t % &ange i n res#ect of the 'i t % !one and to the concerned
De#ut % 1u#eri ntendent of $ol i ce of &anges b% the Di rector, nti ,
'orru#ti on Aureau. "n turn, these offi cers wi l l di stri bute the en(ui ri es
among the "ns#ectors (both Di stri ct and &ange) worki ng under them. fter
thorough en(ui ri es@i nvesti gati ons, the "nvesti gati ng 9ffi cers wi l l submi t
thei r re#orts al ong wi th 'ase Di ari es and documents through the &ange
De#ut % 1u#eri ntendents of $ol i ce who wi l l scruti ni se the re#orts mi nutel %.
"f the &ange De#ut % 1u#eri ntendents of $ol i ce themsel ves are the
"nvesti gati ng 9ffi cers, the% shoul d forward thei r re#orts al ong wi th the
'ase Di ari es and documents.
*0. l l "ns#ectors i ncl udi ng &ange "ns#ectors are com#etent to
i nvesti gate i nto cases of tra#s.
*>. The &ange De#ut% 1u#eri ntendents of $ol i ce have offi ces of
thei r own and the% are the Drawi ng and Di sbursi ng 9ffi cers i n res#ect of
thei r &ange 1taff and sel f, accordi ng to the i nstructi ons contai ned i n
4.9. 8s.7o..//:, 4eneral dmi ni strati on (1'.') De#artment, dated .?,.*,
.-?:.
DEPUTY DIRECTOR (ENGINEERING)
10
*?.(a) The De#ut % Di rector, 3ngi neeri ng, attached to the nti ,
'orru#ti on Aureau, i s an 9ffi cer of the rank of 3;ecuti ve 3ngi neer of
&oads and Aui l di ngs De#artment C4.9. 8s.7o..//:, 4eneral
dmi ni strati on (1'.') De#artment, dated .?,.*,.-?:D
(b) He assi st s t he nt i ,'orru#t i on Aureau 9ff i cers wi t h hi s
t echni cal knowl edge i n al l 3ngi neeri ng mat t ers. s soon as an en(ui r %
di rect l % concerni ng t he 3ngi neeri ng De#art ment regardi ng e;ecut i on of
works et c. , i s recei ved, t he f i l e wi l l be #ut u# b% t he 1#eci al Aranch t o
t he De#ut % Di rect or (3ngg. ). He wi l l scrut i ni 2e t he #et i t i ons@ com#l ai nt s@
1 3 ' & 3 T
#a#ers connected wi th the en(ui r% and #re#are a bri ef on the l i ne of
acti on to be #ursued b% the "ns#ector who i s entrusted wi th the
en(ui r%@i nvesti gati on. He wi l l al so make a note of thi s en(ui r% i n hi s di ar%
for the fol l ow u#, i f necessar%.
(c) Duri ng the course of an en(ui r% or i nvesti gati on, the advi ce of
the D%. Di rector, 3ngi neeri ng shoul d, i f necessar%, be sought b% "ns#ector
or De#ut% 1u#eri ntendent of $ol i ce of the &ange, as the case ma% be, to
cl ear an% doubts and to make sure that the en(ui r%@i nvesti gati on i s
#roceedi ng on correct l i nes. The% ma% al so send such records as the%
mi ght have sei 2ed to the De#ut% Di rector (3ngi neeri ng) for scruti n% and
#ro#er advi ce. 5herever necessar%, the De#ut% Di rector, 3ngi neeri ng, wi l l
after s#ot i ns#ecti on and scruti n% of the documentar% evi dence, #re#are a
s#eci al re#ort, whi ch wi l l form #art of the record of en(ui r% to faci l i tate
#rocessi ng and assessi ng of evi dence at vari ous stages.
(d) The De#ut % Di rect or (3ngi neeri ng) al so f urni shes val uat i on re#ort s
regardi ng i mmovabl e #ro#ert i es ac(ui red b% t he ccused@ 1us#ect 9f f i cers.
These val uat i ons are done on t he basi s of t he $.5.D. 1chedul e of &at es
rel evant t o t he #eri od of ac(ui si t i on of mat eri al s or t he #ro#ert %.
(e) The fi nal re#orts sent b% the De#ut% 1u#eri ntendents of $ol i ce
of the &anges, i n al l 3ngi neeri ng cases wi l l be scruti ni sed b% the De#ut %
Di rector (3ngi neeri ng) before the% are seen b% the Eegal ,dvi ser@Di rector
of $rosecuti ons and 1u#eri or 9ffi cers.
11
DEPUTY DIRECTOR (FORESTS)
*+.(a) The De#ut % Di rector (Borests) i s a Di vi si onal Borest 9ffi cer,
de#uted to work i n the nti ,'orru#ti on Aureau to assi st the
"nvesti gati ng@3n(ui r% 9ffi cer i n al l the cases@en(ui ri es #ertai ni ng to Borest
De#artment.
(b) "n matters rel ati ng to the Borest De#artment, he di scharges
functi ons si mi l ar to those of the De#ut% Di rector (3ngi neeri ng) i n
3ngi neeri ng 'ases.
1 3 ' & 3 T
DEPUTY DIRECTOR (REENUE) AND ASSISTANT DIRECTOR
(CO!!ERCIAL TA"ES)
*/. (a) The De#ut% Di rector (&evenue) and the ssi stant Di rector
('ommerci al Ta;es) who are of the rank of the 1#eci al 4rade &evenue
Di vi si onal 9ffi cer and 'ommerci al Ta; 9ffi cer res#ecti vel %, assi st the nti ,
'orru#ti on Aureau i n al l matters concerni ng &evenue and 'ommerci al
Ta;es De#artments. "n matters rel ati ng to the &evenue and 'ommerci al
Ta;es, the% #erform functi ons si mi l ar to those of the De#ut % Di rector
(3ngi neeri ng) i n 3ngi neeri ng 'ases.
(b) The De#ut % Di rector (&evenue) and the ssi stant Di rector
('ommerci al Ta;es) shoul d be s#eci al l % trai ned i n the i nvesti gati on of
cases of di s#ro#orti onate assets, at the 'entral Aureau of "nvesti gati on,
7ew Del hi , to be of assi stance i n the #rocessi ng and i nvesti gati on of such
cases@en(ui ri es. The% wi l l assi st the "nvesti gati ng 9ffi cers wi th thei r
e;#ert knowl edge and gui dance not onl % from Head(uarters but al so at
fi el d l evel , whenever necessar%. The% wi l l al so co,ordi nate wi th Heads of
De#artments and other offi cers i n res#ect of work rel ati ng to cases of
di s#ro#orti onate assets. Draft fi nal re#orts rel ati ng to en(ui ri es and
i nvesti gati on of cases di s#ro#orti onate assets wi l l be scruti ni sed b% the
De#ut % Di rector (&evenue) and ssi stant Di rector ('ommerci al Ta;es)
before bei ng #ut u# to the Di rector through the ddi ti onal Di rector.
LIAISON #IT$ T$E CENTRAL %UREAU OF INESTIGATION&
12
*-. The 'entral Aureau of "nvesti gati on as i n the case of the nti ,
'orru#ti on Aureau i s a s#eci al i sed agenc% to deal wi th corru#ti on on the
#art of 'entral 4overnment servants.
=:. ccordi ng to the De#artment of $ersonnel and dmi ni strati ve
reforms 9.8.7o =+.@>@+=,)D ("""), dated >
t h
1e#tember, .-+>, the
1#eci al $ol i ce 3stabl i shment enj o%s wi th the res#ecti ve 1tate $ol i ce
Borce concurrent #owers of i nvesti gati on and #rosecuti on under the
1 3 ' & 3 T
'ri mi nal $rocedure 'ode. However, to avoi d an% du#l i cati on of effort, an
admi ni strati ve arrangement has been arri ved at wi th the 1tate 4overnment
accordi ng to whi ch,
(a) The cases whi ch substanti al l % and essenti al l % concern the
'entral 4overnment em#l o%ees or the affai rs of the 'entral 4overnment,
even though i nvol vi ng certai n 1tate 4overnment em#l o%ees, are to be
i nvesti gated b% the 1#eci al $ol i ce 3stabl i shment. The 1tate $ol i ce i s,
however, ke#t i nformed of such cases and i t wi l l render the necessar%
assi stance to the 1#eci al $ol i ce 3stabl i shment duri ng i nvesti gati onG and
(b) The cases whi ch substanti al l % and essenti al l % i nvol ve the 1tate
4overnment em#l o%ees or rel ati ng to the affai rs of a 1tate 4overnment,
even though i nvol vi ng 'entral 4overnment em#l o%ees, are i nvesti gated b%
the 1tate $ol i ce. The 1#eci al $ol i ce 3stabl i shment i s i nformed of such
cases and i t e;tends assi stance to the 1tate $ol i ce duri ng i nvesti gati on, i f
necessar%. 5hen the i nvesti gati on made b% the 1tate $ol i ce authori ti es i n
such cases i nvol ves a 'entral 4overnment em#l o%ee, re(uests for
sancti on of #rosecuti on from the com#etent authori t % of the 'entral
4overnment authori t % wi l l be routed b% the 1tate $ol i ce through the
1#eci al $ol i ce 3stabl i shment.
(c) 5here a t ra# has t o be l ai d agai nst an em#l o%ee of t he 'ent ral
4overnment and t here i s no t i me t o cont act an% re#resent at i ve of 1#eci al $ol i ce
13
3st abl i shment , t he t ra# ma% be l ai d b% t he 1t at e $ol i ce. The 1#eci al $ol i ce
3st abl i shment shoul d, however, be i nf ormed i mmedi at el % and i t shoul d be
deci ded i n consul t at i on wi t h t hem whet her f urt her i nvest i gat i on shoul d be
carri ed on and com#l et ed b% t he 1t at e $ol i ce or b% t he 1#eci al $ol i ce
3st abl i shment (D. 9. 7o. *.@ /@ ?=,4D, dat ed >
t h
9ct ober, .-?= of 'ent ral Aureau
of " nvest i gat i on).
(d) 5here there i s l i kel i hood of destructi on or
su##ressi on of evi dence i f i mmedi ate acti on i s not taken,
the 1tate $ol i ce ma% take necessar% ste#s to secure the
1 3 ' & 3 T
evi dence. The% ma% regi ster a case, i f necessar%, for the #ur#ose.
Thereafter, the case shoul d be handed over to the 1#eci al $ol i ce
3stabl i shment for further i nvesti gati on. (D.9.7o. *.@/@?=,4D, dated >
t h
9ctober, .-?= of 'entral Aureau of "nvesti gati on). 1i mi l ar acti on can be
taken b% the 1#eci al $ol i ce 3stabl i shment.
(e) "nformati on about cases i nvol vi ng $ubl i c 1ervants of the
'entral 4overnment, whi ch are bei ng i nvesti gated b% the 1tate $ol i ce
shoul d be sent b% them to the Head of the De#artment and@or the offi ce
concerned as earl % as #ossi bl e after the case i s started but before a
charge,sheet or a fi nal re#ort i s submi tted. co#% thereof shoul d be sent
to the 1#eci al $ol i ce 3stabl i shment al so (D.9.7o. *.@/@?=,4D, dated >th
9ctober, .-?= of 'entral Aureau of "nvesti gati on).
14
1 3 ' & 3 T
15
CHAPTER III
NATURE OF COMPLAINTS TO BE ENTRUSTED TO THE
ANTI-CORRUPTION BUREAU.
=.. The fol l owi ng categori es of com#l ai nts or i nformati on are
consi dered sui tabl e for en(ui r%@i nvesti gati on through Di screet 3n(ui ri es,
&egul ar 3n(ui ri es or &egi stered 'ases, b% the nti ,'orru#ti on Aureau
agai nst 4overnment@$ubl i c 1ervants:,
(a) l l egati ons of di shonest conduct, fai l ure to mai ntai n i ntegri t % or
gross derel i cti on of dut % or other acts of corru#ti onG
(b) l l egati ons i nvol vi ng offences under the $reventi on of
'orru#ti on ct and under secti ons .?. to .?> and .?>, ".$.'., together
wi th an% other offences al l eged to have been commi tted b% the #ubl i c
servantsG
(c) 'om#l ai nts@i nformati on i n whi ch the al l egati ons are such that
thei r truth cannot be ascertai ned wi thout maki ng en(ui ri es from non,
offi ci al #ersons or those i nvol vi ng e;ami nati on of non,4overnment
records, books of accounts etc., and
(d) "nformati on or com#l ai nts rel ati ng to l arge undertaki ngs and
#roj ects s#onsored b% the 1tate 4overnment or i n whi ch the 1tate
16
4overnment has fi nanci al i nterest #rovi ded the al l egati ons fal l under one
of the fol l owi ng categori es (a) to (c) menti oned above.
=*. 9rdi nari l %, no en(ui ri es shoul d be made b% the nt,'orru#ti on
Aureau i n the fol l owi ng categori es of i nformati on or com#l ai nts e;ce#t for
s#eci al reasons:,
(a) "nformati on or com#l ai nts contai ni ng vague and general
al l egati onsG
(b) l l egati ons rel ati ng to mi nor servi ce matters whi ch can be
deal t b% the De#artmental uthori ti esG
1 3 ' & 3 T
(c) l l egati ons of a tri vi al or i nsi gni fi cant nature that can be
referred to de#artmental authori ti es for di s#osal G
(d) l l egati ons of de#artmental i rregul ari ti es or negl i gence that
can be veri fi ed@checked b% the de#artment concernedG
(e) Bal se cl ai ms of T.., E.T.'., 8edi cal rei mbursement etc.:
(f) $roducti on of fal se educati on certi fi cates, fal se 'aste
'erti fi cates etc., for the #ur#ose of securi ng em#l o%ment or some other
favoursG
(g) 8i sa##ro#ri ati on, fraud, embe22l ement etc., b% #ubl i c servants,
whi ch shoul d normal l % be i nvesti gated b% l ocal $ol i ce or the 'ri me Aranch
'.".DG
(h) 1hortage i n 1tores, l oss, #i l ferages etc., where the val ue of
the #ro#ert % found short, l ost etc., i s smal l and nei ther corru#ti on nor
mal #racti ces are i nvol vedG
8i suse of staff, cars, 4overnment vehi cl es, $eons, orderl i es etc.,
unl ess the% are habi tual and e;tensi veG
(i ) cce#tance of bel ow s#eci fi cati on work when the l oss caused
i s smal l and no mal afi des are i nvol vedG
7ote: 5here the al l egati ons rel ate to both corru#ti on and
de#artmental i rregul ari ti es, the nti ,'orru#ti on Aureau has to be
consul ted b% the De#artment concerned as to whi ch of the
al l egati ons shoul d be en(ui red@i nvesti gated i nto b% the nti ,
'orru#ti on Aureau.
17
==. The nti ,'orru#ti on Aureau conducts three t%#es of
en(ui ri es@i nvesti gati ons. The% are:,
(a) Di screet en(ui ri esG
(b) &egul ar en(ui ri esG
(c) &egi stered cases i ncl udi ng tra#s and cases of #ossessi on of
di s#ro#orti onate assets.
=0. The above t%#es of en(ui ri es@ i nvesti gati ons are di scussed i n
detai l i n the succeedi ng 'ha#ters.
1 3 ' & 3 T
CHAPTER IV
DICREET ENQUIRIES
=>. 3ver% com#l ai nt from whatever source recei ved shoul d be
entered i n a $eti ti ons &egi ster wherei n i ts di s#osal wi l l be noted.
=?. l l source i nformati onJ s recei ved i n the nti ,'orru#ti on Aureau
shoul d be recorded i n the source i nformati on regi ster wi thout e;ce#ti on.
=+. 3ver% com#l ai nt or source i nformati on shoul d be e;ami ned to
determi ne whether i t re(ui res acti on b% wa% of veri f %i ng@checki ng the
al l egati ons or i t has to be referred to the de#artmental authori ti es
concerned for di s#osal or shoul d be fi l ed. The Joi nt Di rectors, nti ,
'orru#ti on Aureau shoul d a##l % thei r mi nd to deci de i mmedi atel % whether
the com#l ai nts or source i nformati ons re(ui re (ui ck veri fi cati on through
di screet en(ui ri es to fi nd out the truth or otherwi se of the al l egati ons for
taki ng further acti on i n the matter.
=/. "n cases where veri fi cati on through di screet en(ui ri es i s re(ui red
to be made, the "nvesti gati ng 9ffi cers shoul d take #recauti ons to mai ntai n
secrec%. The% shoul d not record the statements of the #ersons whom the%
contact for the #ur#ose of veri fi cati on. Bor e;ami ni ng the de#artmental
records, i t i s advi sabl e to consul t the records i nformal l % b% contacti ng the
Head of the De#artment@9ffi ce concerned. 5ri tten re(ui si ti ons for the
18
#ur#ose shoul d be avoi ded. The de#artmental authori t % shoul d be
cauti oned that the veri fi cati on i s stri ctl % confi denti al and ma% not resul t i n
an o#en en(ui r%. s far as #ossi bl e, the name of the 9ffi cer agai nst whom
the en(ui r% i s bei ng made shoul d not be di vul ged even to the
De#artmental Head.
=-. Di screet en(ui ri es shoul d be com#l eted wi thi n t wo months of the
recei #t of i nformati on@com#l ai nt.
1 3 ' & 3 T
0:. 5here the al l egati ons i n the com#l ai nt or i nformati on i s found
to be true, cl ear and s#eci fi c, on veri fi cati on, a regul ar en(ui r% can be
taken u# or a case regi stered and i nvesti gated.
0.. 4eneral l % no acti on i s to be taken on anon%mous and
#seudon%mous com#l ai nts. "f the al l egati ons are s#eci fi c and veri fi abl e
and are of the t %#e whi ch are fi t to be taken u# for regul ar en(ui r% or
i nvesti gati on b% the nti ,'orru#ti on Aureau i f found true, a di screet
en(ui r% ma% be made to the l i mi ted e;tent of fi ndi ng out whether there i s
some truth i n the al l egati ons.
0*. The &ange De#ut% 1u#eri ntendents of $ol i ce shoul d forward
#rom#tl % the di screet en(ui r% re#orts submi tted b% the "ns#ectors after
veri fi cati on of com#l ai nts or source i nformati ons. 5hi l e forwardi ng such
re#orts, the &ange De#ut% 1u#eri ntendents of $ol i ce shoul d send thei r
s#eci fi c suggesti ons i n the #ro,formae at nne;ure """ about the further
acti on to be taken.
19
1 3 ' & 3 T
CHAPTER V
REGULAR ENQUIRIES
0=. &egul ar en(ui ri es wi l l be taken u# on the orders of the Di rector,
4overnment, on the #eti ti ons or i nformati on recei ved whi ch re(ui re
detai l ed and o#en en(ui ri es. The Di rector orders a regul ar en(ui r% on the
basi s of a di screet en(ui r% re#ort.
00. "n case i n whi ch i t i s not #ossi bl e to deci de i ni ti al l % whether the
case woul d cul mi nate i n #rosecuti on i n a court of l aw or en(ui r% b% the
Tri bunal for Di sci #l i nar% $roceedi ngs, regul ar en(ui ri es ma% be ordered
fi rst.
0>. s soon as the orders for conducti ng the regul ar en(ui ri es are
recei ved, the "ns#ector concerned wi l l draw u# a l i st of al l egati ons to be
en(ui red i nto, the names of wi tnesses to be contacted and the documents
re(ui red to be #erused or to be taken #ossessi on of. "n a case of
#ossessi on of di s#ro#orti onate assets, si ; #roformae statements (i n the
form i ndi cated at nne;ure,")), servi ce #arti cul ars, #a% and al l owances
drawn b% the $ubl i c servant and nnual i mmovabl e #ro#ert% statements
shoul d be cal l ed for form the concerned Head of offi ce or Head of
De#artment@4overnment de#endi ng on the status of the #ubl i c servant.
20
0?. The Head of the De#artment@4overnment have #owers under
&ul e - (/) of ndhra $radesh 'i vi l 1ervi ces ('onduct) &ul es, .-?0
to re(ui re a 4overnment servant to submi t wi thi n a s#eci fi ed #eri od
al l the i nformati on i n the #rescri bed si ; #roformae. 1i mul taneousl %
al l the annual #ro#ert % statements submi tted b% the $ubl i c 1ervants
ti l l the da% of the en(ui r% shoul d be obtai ned from the
Head of 9ffi ce @ De#artment or 4overnment, as the case ma% be

1 3 ' & 3 T
0+. Duri ng the regul ar en(ui r%, statements of wi tnesses concerned
shoul d be recorded. $referabl % i n thei r own hand,wri ti ng, and l anguage
and got si gned b% them. "f a wi tness i s i l l i terate, the statement shoul d be
got recorded b% another #erson, after asserti ng hi s rel i abi l i t% and non,
i nvol vement i n the en(ui r%. 'om#l ete #ermanent address of the wi tness
shoul d be menti oned.
0/. Documents concerni ng the case shoul d be re(ui si ti oned under the
si gnature of the &ange De#ut% 1u#eri ntendent of $ol i ce and taken
#rocessi on of under acknowl edgement. 5here records are re(ui red to be
obtai ned from 4overnment, the &ange De#ut% 1u#eri ntendent of $ol i ce
shoul d submi t a re#ort to the Di rector, nti ,'orru#ti on Aureau who woul d
address the 4overnment i n the matter.
0-. The regul ar en(ui r% shoul d normal l % be com#l eted wi thi n 0
months. "f a regul ar en(ui r% i s #endi ng for more than 0 months, the
reasons for del a% shoul d be l ooked i nto b% the revi ewi ng offi cers so that
the causes for the del a% are el i mi nated and en(ui r% com#l eted
e;#edi ti ousl %.
>:. "f duri ng the course of regul ar en(ui r%, i t i s found that there i s a
#ri ma faci e materi al for regi strati on of a case, the nti ,'orru#ti on Aureau
wi l l take acti on accordi ngl %, and submi t a bri ef re#ort on that effect. "f the
regul ar en(ui r% contai ns a materi al not onl % #ertai ni ng to cri mi nal offence
21
but al so other al l egati ons, these other al l egati ons shoul d be deal t wi th as
i n other &egul ar en(ui ri es and a re#ort of the &egul ar en(ui r% submi tted
to the 4overnment, whi l e the cri mi nal case shoul d be deal t wi th on meri ts.
>.. Duri ng the course of a regul ar en(ui r%, i f the evi dence col l ected
ti l l then i ndi cates, #ri ma faci e, that a case coul d be made out under
secti ons .?. to .?> and .?>, of the "ndi an $enal 'ode or 1ecti on > of
the $reventi on of 'orru#ti on ct, the i nvesti gati ng offi cer shoul d at once
1 3 ' & 3 T
re#ort the matter to the Di rector, who wi l l e;ami ne the materi al i n
consul tati on wi th the Eegal dvi ser and order regi strati on of a case under
the a##ro#ri ate secti ons of Eaw. "n such a case, the regul ar en(ui r%, as
such, wi l l be cl osed and converted i nto a cri mi nal case. 7ormal l %, a re#ort
for converti ng a &.3. i nto a &.'. shoul d be submi tted wi thi n a month of
taki ng u# a &egul ar en(ui r% after maki ng (ui ck #rel i mi nar% veri fi cati on.
>*. Duri ng the regul ar en(ui r% of a corru#ti on case, the accused
offi cer shoul d be gi ven an o##ortuni t % to e;#l ai n the ci rcumstances of the
case agai nst hi m before the res#onsi bl e offi cer of the nti ,'orru#ti on
Aureau so that the truth coul d be el i ci ted and further i nvesti gati on i nto the
al l egati ons whi ch are sati sfactori l % e;#l ai ned, not #ursued. To enabl e the
accused offi cer to gi ve hi s versi on regardi ng the al l egati on or al l egati ons,
such records as ma% be re(ui red b% hi m shoul d be al l owed to be #erused
b% hi m i n the #resence of the "nvesti gati ng 9ffi cer. 1uch secret or
confi denti al re#orts whi ch have no di rect beari ng on the en(ui r% need not
be shown to hi m. 5hatever the accused offi cer sa%s ei ther oral l % or
through a wri tten statement shoul d be taken note of and gone i nto,
al l egati on,wi se. "f necessar%, further en(ui ri es ma% be made regardi ng hi s
versi on, before the re#ort i s fi nal i 2ed. Thi s fact shoul d cl earl % be
menti oned i n the fi nal re#ort.
22
>=. The accused off i cer shoul d be cont act ed #ersonal l % at home or i n t he
of f i ce and shoul d not be summoned f or t he #ur#ose unl ess he agrees t o meet t o
meet an of f i cer of t he Aureau of t he Aureau an%where i n t he 1t at e or at hi s
of f i ce. " n t he case of 4a2et t ed 9ff i cer, t he cont act shoul d be b% a 4a2et t ed
9ff i cer of e(ui val ent or #ref erabl % hi gher rank.
>0. 3ver% regul ar en(ui r % re#ort shoul d be draf t ed b% t he of f i cer conduct i ng
t he en(ui r % and at t est ed b% hi m. l l en(ui r% re#ort s, i n a &ange, shoul d be
scrut i ni sed and f i nal i 2ed b% t he &ange De#ut % 1u#eri nt endent of $ol i ce who
1 3 ' & 3 T
wi l l submi t those re#orts under hi s si gnature, together wi th the si gnatures
of the "ns#ectors associ ated wi th the en(ui ri es.
>>. "n the case of regul ar en(ui ri es taken u# on the basi s of #eti ti ons,
the ori gi nal #eti ti ons shoul d be encl osed to the en(ui r% re#orts submi tted
b% the &ange De#ut% 1u#eri ntendents of $ol i ce to the Di rector, nti ,
'orru#ti on Aureau.
>?. Though the nti ,'orru#ti on Aureau has concurrent #owers wi th
the l ocal $ol i ce i n the matter of i nvesti gati on of offences under secti on
.?. to .?> and .?>, "$'., and 1ecti on > of $reventi on of 'orru#ti on ct,
the nti ,'orru#ti on Aureau takes #recedence i n the matter of i nvesti gati on
of these cases as i t i s the agenc% s#eci al l % created for the #ur#ose.
23
1 3 ' & 3 T
CHAPTER VI
REGISTERED CASES
>+. 5here i t i s deci ded to regi ster a case and conduct i nvesti gati on
ei ther on com#l ai nt or veri fi cati on of a source re#ort, or on a
Di screet@&egul ar en(ui r% re#ort and orders are i ssued b% the Di rector, an
B." .& shoul d be i ssued b% the concerned "ns#ector of $ol i ce@De#ut%
1u#eri ntendents of $ol i ce gi vi ng annual seri al number of the
Di stri ct@&ange whi ch shoul d be (uoted i n al l future references.
>/. The B.".& shoul d contai n the e;act co#% of the com#l ai nt and i t
shal l be si gned b% the #erson gi vi ng i t. "f however, i t i s not i ntended to
di vul ge the name of the i nformant, onl % a statement of the i nformati on
recei ved shal l be recorded. "f a Di screet en(ui r% or a &egul ar en(ui r% i s
converted i nto &egi stered case, the i nformati on ori gi nal l % recei ved, as far
as #ossi bl e, be re#roduced i n the B.".& and an i ndi cati on shoul d al so be
gi ven therei n that the authenti ci t % and correctness of the i nformati on was
#ri ma faci e checked and veri fi ed b% a Di screet or &egul ar 3n(ui r%.
>-. The B." .&. shoul d contai n as far as #ossi bl e ful l name al ong wi th
fatherJ s name and other #arti cul ars of the accused such as age, #l ace or
resi dence and occu#ati on, the ti me and date of commi ssi on of the offence,
24
the manner i n whi ch the offence was commi tted, ful l names and
#arti cul ars of the wi tnesses, the moti ve al l eged b% the com#l ai nant for
the commi ssi on of the offence and i n cases i nvol vi ng the #ro#ert%, the
detai l s of the #ro#ert% etc. "n case the name of the accused i s not
known, the descri #ti on of the accused shoul d be recorded.
1 3 ' & 3 T
?:. co#% of B.".&. shoul d be sent to the j uri sdi cti onal 1#eci al Judge
for 1.$.3. F .'.A., 'ases i mmedi atel % after regi strati on, marki ng co#i es
to the concerned De#ut % 1u#eri ntendents of $ol i ce and Di rector, nti ,
'orru#ti on Aureau i n confi denti al covers.
?.. "f accused #erson i s a 'entral 4overnment em#l o%ee, an e;tra
co#% of B.".&. shoul d be sent to the Head 9ffi ce for onward transmi ssi on
to the 'entral Aureau of "nvesti gati on for i nformati on.
?*. 3ver% offi cer maki ng an i nvesti gati on shal l mai ntai n a record of
the i nvesti gati on done on each da% i n a case di ar% form. The record of
i nvesti gati on shal l contai n detai l s of the ti me at whi ch the i nformati on
reached the "nvesti gati ng 9ffi cer, the ti me at whi ch he began and cl osed
hi s i nvesti gati on, the #l ace or #l aces vi si ted b% hi m and a statement of the
ci rcumstances ascertai ned through hi s i nvesti gati on. 'ase Di ari es shal l be
as bri ef as #ossi bl e and onl % such i nci dents of the i nvesti gati on shal l be
i ncl uded whi ch have a beari ng on the case. The% shoul d be dated. The
"nvesti gati ng 9ffi cers shoul d send thei r case dai ri es on ever% da% to the
Joi nt Di rectors through thei r De#ut% 1u#eri ntendents of $ol i ce. 9#i ni ons
of Eegal dvi sers or other offi cers shoul d not be re#roduced i n the case
dai ri es. The fi nal deci si on taken i n the case after i nvesti gati on shoul d of
course be recorded.
25
?=. Hnder 1ecti on .>? of the 'ri mi nal $rocedure 'ode .-+=, al l
offi cers of and above the rank of an offi cer i n,charge of a $ol i ce 1tati on
("ns#ector of $ol i ce) have statutor% authori t % to i nvesti gate cogni 2abl e
offences. Hnder 1ecti on .>+ (.) 'r.$.'. such offi cers are em#owered to
de#ute a subordi nate to #roceed to the s#ot to i nvesti gate the facts and
ci rcumstances of the case and i f necessar% take al l ste#s for l ocati ng and
arresti ng the offender. The #owers and duti es of a $ol i ce 9ffi cer maki ng
an i nvesti gati on are l ai d down i n secti ons .>+ to .+> of the 'ri mi nal
$rocedure 'ode.
1 3 ' & 3 T
?0. 5hen i t i s necessar% to summon an% #erson to attend an
i nvesti gati on, the i nvesti gati ng offi cer conducti ng the i nvesti gati on ma%
i ssue an order i n wri ti ng to an% #erson concerned to attend before hi m as
em#owered under secti on .?: (.) 'r.$.'.
?>. 7o i nducement, threat or #romi se shoul d be admi ni stered to an%
#erson from whom en(ui ri es are to be made and no #erson shal l be
unnecessari l % detai ned. The dut% of the "nvesti gati ng 9ffi cer shal l be to
fi nd out the truth of the matter duri ng the i nvesti gati on. He shal l not
commi t hi msel f #rematurel % to an% vi ew of the facts for or agai nst an%
#erson and shal l not start the i nvesti gati on wi th an% #re,concei ved noti on.
7o harassment shoul d be caused to i nnocent #ersons. He shoul d not al so
be mi sl ed b% an unscru#ul ous i nformer.
??. $reci #i tate acti on on re#orts emanati ng from i nterested #arti es or
whi ch ma% otherwi se seem #al #abl % fal se or mal i ci ous, shoul d be avoi ded.
?+. The "nvesti gati ng 9ffi cer must fi rst ac(uai nt hi msel f as ful l % as
#ossi bl e wi th the rul es and regul ati ons and the methods of worki ng of the
9rgani sati on wi th whi ch hi s en(ui ri es are connected. He shoul d ascertai n
al l #ossi bl e e;#l anati ons l i kel % to be offered i n defence as wel l as an%
defects or i rregul ari ti es i n #rocedures, de#artmental rul es and regul ati ons.
l l cl ues shoul d be careful l % fol l owed u#.
26
?/. The "nvesti gati ng 9ffi cers shoul d i nvari abl % consul t duri ng the
course of i nvesti gati on, the techni cal offi cers concerned and al so l egal
offi cers whenever re(ui red i n the i nterest of i nvesti gati on of the case.
There shoul d be no del a% i n sendi ng #a#ers or e;hi bi ts for e;ami nati on
and o#i ni on of 3;#erts.
?-. There shoul d be no del a% i n re(ui si ti oni ng records
and documents, whi ch are re(ui red for i nvesti gati on, and the%
shoul d be taken i nto custod% i mmedi atel %. 'are must
,however, be taken to ensure that there i s no i ndi scri mi nate
1 3 ' & 3 T

sei 2ure of documents. The sei 2ed@re(ui si ti oned documents and records
shoul d be revi ewed #rom#tl % and scruti ni sed. 5henever necessar%, the
orders of the court concerned shoul d be obtai ned i n accordance wi th the
#rovi si ons of secti ons 0>., 0>* and 0>+ 'r.$.'. l l the records and
documents sei 2ed duri ng the course of i nvesti gati on ma% remai n i n the
safe custod% of the res#ecti ve "nvesti gati ng 9ffi cers, after #roducti on and
obtai ni ng #ermi ssi on from the 'ourt.
+:. The Joi nt Di rect ors shoul d be i n cl ose t ouch wi t h t he
i nvest i gat i on cases, su#ervi se t he i nvest i gat i on, gui de t he " nvest i gat i ng 9f f i cer
and ensure t hat t he i nvest i gat i on #roceeds met hodi cal l % and i s com#l et ed
e;#edi t i ousl % and i s not s#oradi c. 1t at ement s of i m#ort ant wi t nesses shoul d be
got recorded under sect i on .?0 'r.$.'.
+.. 'onfessi onal statements b% the accused offi cers, i f the%
vol untari l % come forward, shoul d be got recorded b% com#etent
8agi strates as (ui ckl % as #ossi bl e under secti on .?0 'r.$.'. l l necessar%
#recauti ons l ai d down under secti on */. 'r.$.'. shoul d be observed.
+*. The accused of f i cer shoul d be e;ami ned t horoughl % on al l #oi nt s and
hi s st at ement s shoul d be caref ul l % recorded b% i nf ormi ng hi m of t he charges
agai nst hi m. l l t he #oi nt s or argument s advanced b% t he accused shoul d be
l ooked i nt o and t horoughl % checked u# b% t he " nvest i gat i ng 9f f i cer.
+=. "nvesti gati ons i n regi stered cases shoul d be com#l eted wi thi n ?
months.
27
+0. " n a regi st ered case, i f de#art ment al en(ui r % or en(ui r % b% t he
Tri bunal f or Di sci #l i nar % $roceedi ngs i s suggest ed and t he 4overnment acce#t
t he same, t he concerned " nvest i gat i ng 9f f i cer shoul d send a f i nal re#ort under
sect i on .+= 'r.$.' t o t he 1#eci al Judge concerned havi ng j uri sdi ct i on, f or
orders t o cl ose t he case.
+>. "n &egi stered 'ases recei ved from other "nvesti ga,
ti ng 9ffi cers or &ange 9ffi cers for #art i nvesti gati on, a se#a,
rate 'ri me &egi ster shoul d be mai ntai ned b% the concerned
1 3 ' & 3 T
"nvesti gati ng 9ffi cer and regul ar case di ari es shoul d be #re#ared showi ng
the resul t of en(ui ri es i n such cases. The ori gi nal co#% of the case di ar%
shoul d be sent to the mai n "nvesti gati ng 9ffi cer and a co#% marked to the
Head 9ffi ce.
+?. The fi nal &e#ort shoul d be sent b% the "nvesti gati ng 9ffi cer to
the De#ut % 1u#eri ntendent of $ol i ce concerned who wi l l go through the
re#ort wi th reference to the records and submi t to the Head 9ffi ce, the
fi nal re#ort dul % si gned b% hi m wi th 'ase Di ar% fi l e and 1#eci men
1ancti on 9rder, i f #rosecuti on i s recommended agai nst the ccused
9ffi cer.
++. The fol l owi ng #oi nts shoul d be ke#t i n mi nd whi l e drafti ng
fi nal re#ort both i n regul ar en(ui r% as wel l as i n a &egi stered case:,
(i ) The i nformati on di scussed i n the fi nal re#ort shoul d be
ade(uate on al l #oi nts so that there ma% not be an%
occasi on for the Head 9ffi ce to rai se an% (ueri esG
(i i ) l l egati ons, facts of the case, evi dence avai l abl e, anal %si s of
the evi dence and o#i ni ons and comments shoul d not be mi ;ed u# i n the
fi nal re#orts. The% shoul d be di scussed se#aratel %, chronol ogi cal l % and
succi nctl %G
(i i i ) &e#eti ti on shoul d be avoi ded. l l egati ons shoul d be l i sted
out i n bri ef and #ro#erl % wi thout omi ssi on of the mai n #oi ntsG
28
(i v) The #resentati on of the facts of the case and materi al shoul d
be so concl usi ve and cl i nchi ng that i t cannot l ead to an% other o#i ni on or
concl usi on.
(v) "n an% wi tness coul d not be e;ami ned and an% record was
not avai l abl e, i t shoul d be menti oned cl earl % i n the fi nal re#ort gi vi ng
reasons.
(vi ) The "nvesti gati ng 9ffi cer shoul d not take more than a week
i n #re#ari ng fi nal re#orts.
(vi i ) 'onduct &ul es or &ul es vi ol ated b% the accused offi cer
worki ng i n a 4overnment De#artment or Hndertaki ng shoul d be (uoted
and re#roduced i n the fi nal re#ort.
1 3 ' & 3 T
(vi i i ) "n res#ect of cases of di s#ro#orti onate assets, the i ncome,
e;#endi ture and assets shoul d be di scussed i n the #ro#er and #rescri bed
manner. &easons for acce#ti ng or rej ecti ng vari ous i tems under each head
shoul d be di scussed gi vi ng reasons.
(i ;) 9#i ni on recei ved from the 3;#ert or rel evant #orti on
thereof shoul d be i ncor#orated i n the fi nal re#ort.
(;) The fi nal re#ort shoul d be accom#ani ed b% the Eegal
9ffi cerJ s o#i ni on ($art,"" &e#ort).




29
1 3 ' & 3 T
CHAPTER VII
TRAPS
+/. 9n recei #t of a com#l ai nt of demand of i l l egal grati fi cati on on the
#art of a #ubl i c servant, di screet en(ui ri es shoul d be made regardi ng the
genui neness of the com#l ai nt, antecedents of the com#l ai nant and
whether he has an% moti ve or i l l ,wi l l to wreak vengeance agai nst the
#ubl i c servant com#l ai ned agai nst. 5here com#l ai nts rel ati ng to servi ce
matters l i ke #romoti on, transfer, #uni shment etc., are recei ved from
subordi nate offi cers agai nst thei r su#eri ors, the sco#e of an% mal afi de
moti vati on shoul d be rul ed out and the rel i abi l i t % of the com#l ai nt shoul d
be ensured be%ond reasonabl e doubt. Detai l s l i ke date, ti me, #l ace and
moti ve for demand and for #art #a%ment made i f an% and date and ti me
and #l ace and mode of #a%ment i ndi cated b% the #ubl i c servant for
acce#tance of the demanded i l l egal grati fi cati on shoul d necessari l % be
i ncor#orated i n the com#l ai nt. The com#l ai nt shoul d be i n the handwri ti ng
of the com#l ai nant unl ess he i s an i l l i terate, i n whi ch case, i t shoul d be
recorded b% a scri be i n a #l ai n and si m#l e l anguage known to hi m. The
name and address of the scri be shoul d be noted wi th an endorsement b%
hi m that the contents thereof were read over to the com#l ai nant and
admi tted b% hi m to be true. The 9ffi cer who recei ves the com#l ai nt shoul d
make an endorsement on i t, wi th hi s si gnature menti oni ng the date and
ti me of i ts recei #t.
30
+-. "mmedi atel % after veri fi cati on wi thout del a%, a re#ort shal l be
made to the Di rector, nti ,'orru#ti on Aureau b% the "nvesti gati ng 9ffi cer
encl osi ng a co#% of the com#l ai nt wi th a re(uest for #ermi ssi on to l a% a
tra#.
/:. fter recei vi ng #ermi ssi on for l a%i ng a tra#, the com#l ai nt shoul d
be regi stered under secti on .?. ".$.'. and secti on > (*) read wi th secti on
> (.) (d) of $reventi on of 'orru#ti on ct,.-0+ i f necessar%. he Bi rst "nfor,
1 3 ' & 3 T
mati on &e#ort al ong wi th the ori gi nal com#l ai nt shoul d be sent to the
'ourt of the 1#eci al Judge for 1.$.3. and .'.A. , cases i n a seal ed
envel o#e wi th a coveri ng l etter, through a s#eci al messenger wi thout an%
del a% maki ng a re(uest to the 1#eci al Judge that the seal ed envel o#e
shoul d not be o#ened ti l l the further communi cati on regardi ng the tra# i s
recei ved.
/.. The 1tate 4overnment have authori sed al l the "ns#ectors
worki ng i n the nti ,'orru#ti on Aureau to i nvesti gate i nto al l offences
#uni shabl e under the #rovi si ons of l aw menti oned above vi de 4.9. 8s.
7o. .+:, 4eneral dmi ni strati on (1'.D) De#artment, dated *:
t h
8arch,
.-?/. Aut ever% case of tra# i s to be i ni ti ated, regi stered and i nvesti gated
i nto b% a De#ut % 1u#eri ntendent of $ol i ce and not b% an "ns#ector. fter
the tra#, the subse(uent i nvesti gati on can be made b% an "ns#ector when
cal l ed u#on to do so b% the concerned De#ut% 1u#eri ntendent of $ol i ce or
hi gher authori t %. n "ns#ector, ma% however, e;erci se these #owers
i nde#endentl % i n the absence of the De#ut% 1u#eri ntendent of $ol i ce on
l eave and when the nature and ci rcumstances of the case cal l for urgent
acti on.
/*. There are vari ous met hods of l a%i ng a t ra#, common among t hem
bei ng (i ) marki ng t he currenc% not es i nt ended t o be #ai d as bri be wi t h i ni t i al s of
t he #ancha%at dars (i i ) smeari ng t hem wi t h #henol #ht hal ei n #ower whi ch i s a
coal t ar #roduct avai l abl e i n t he f orm of l i ght #owder and whi ch remai ns
col ourl ess i n aci d and neut ral medi a but t urns #i nk i n al kal i medi a l i ke sodi um
31
carbonat e sol ut i on and (i i i ) smeari ng t hem wi t h ant haracene #owder, whi ch i s
ver % l i ght #owder and i s i nvi si bl e t o t he naked e%e e;ce#t when vi ewed under
ul t ra vi ol at e ra%s.
/=. 5henever #ossi bl e ta#e,recorders ma% be used for recordi ng
the conversati on between the com#l ai nant and the #ubl i c servant at
vari ous stages. Ta#e recorded conversati ons are admi ssi bl e i n evi dence
under secti on + of the "ndi an 3vi dence ct.
/0. The denomi nati ons and seri al numbers of the
currenc% notes com#ri si ng the bri be mone% #roduced b%
1 3 ' & 3 T
the com#lainant should be recorded. To demonstrate the #henol#hthalein test
to the #ancha%atdars, sodium carbonate solution should be #re#ared in a glass
tumbler. 9ne of the nti,'orru#tion Aureau 9fficers will smear #henol#hthalein
#owder on the currenc% 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 #articles of #henol#hthalein #owder
and turns #ink in colour. The significance of this test should be e;#lained to the
com#lainant and the #ancha%atdars. The nti,'orru#tion Aureau 9fficer who has
handled the amount shall hand over the treated notes to the com#lainant. The
com#lainant should be instructed to #a% the amount to the alleged #ublic servant
onl% on his demand and not otherwise. He should be given strict instructions to #a%
the bribe mone% as it is without #utting i t i n an envel o#e or contai ner, di rectl % to
the #ubl i c servant demandi ng the bri be as the #l aci ng of such amount at
some other l i ke a drawer of a tabl e etc., wi l l hel # the usual defence #l ea
that the com#l ai nant tri ed to foi st a case agai nst the #ubl i c servant. He
shoul d al so be i nstructed not to shake hands wi th the #ubl i c servant and
not to touch an% #art of hi s bod% or an% obj ects l %i ng i n the room or #l ace
where the bri be mone% i s #ai d to the #ubl i c servant. The com#l ai nant
shoul d not carr% an% addi ti onal amount as i t i s l i kel % that the tai nted
currenc% notes ma% get mi ;ed u#. The com#l ai nant shoul d be asked to
rel a% a mutual l % agreed si gnal after #a%ment of bri be amount. Thi s si gnal
shoul d be s#eci fi ed and there shoul d not be an% confusi on about i t, so
that no ti me i s l ost the moment i t i s rel a%ed, i n recoveri ng the
tai nted amount from the #ubl i c servant and i n sei 2i ng other i ncri mi nati ng
32
evi dence. The sam#l e of sodi um carbonate #owder and #henol #hthal ei n
#owder used i n the demonstrati on shoul d be taken and #reserved
i n se#arate envel o#es dul % seal ed and attested b% the #ancha%atdars
and the "nvesti gati ng 9ffi cer. "t shoul d be ensured that none of
1 3 ' & 3 T
the members of the nti ,'orru#ti on Aureau #art % has an% traces of
#henol #hthal ei n #owder, #arti cul arl % on thei r hands b% testi ng thei r fi ngers
i n a fresh sol uti on of sodi um carbonate #re#ared se#aratel %. The #ersons
who handl ed the #owder shoul d wash thei r hands before the% l eave the
#l ace. The gl ass tumbl er and s#oon used i n the demonstrati on shoul d be
l eft behi nd i n the offi ce and shoul d not be taken wi th the tra# #art %.
#rel i mi nar% #anchanama i ncor#orati ng the detai l s of the demonstrati on,
seri al numbers of the currenc% notes i .e., bri be mone% or tai nted mone%,
method of demonstrati on, #recauti ons taken and the #rocedures fol l owed,
shoul d be #re#ared b% one of the #ancha%atdars. "f an% i nde#endent
wi tness accom#ani es the com#l ai nant, thi s fact shoul d al so be
i ncor#orated i n the #rel i mi nar% #anchanama as al so arrangements i f an%,
made for ta#e recordi ng the conversati on. Thi s #anchanama as wel l as the
sam#l es of the #owder shoul d be i mmedi atel % di s#atched to the 'ourt i n a
seal ed envel o#e. model #rel i mi nar% #anchanama i s at nne;ure,).
/>. The com#l ai nant shoul d go i nde#endentl %, al ong wi th the
accom#an%i ng wi tness, i f an%, to the #l ace where the tra# i s to be l ai d.
Aut, the ti mi ng of hi s actual entr% i nto the #remi ses shoul d be so
arranged that he enters the #l ace onl % after vi sual l % ensuri ng that
the members of the tra# #art% to whom he has to rel a% the si gnal have
taken thei r #osi ti ons i n the vi ci ni t% of the #l ace. The members of the tra#
#art% and #ancha%atdars shoul d not sta% together i n grou#s, but, get
merged i n the l ocal background, so that no sus#i ci on i s aroused
33
i n the nei ghborhood. )ehi cl es used to trans#ort the tra#
#art% shoul d never be taken to the #l ace of tra# but shoul d be l eft far
behi nd. 5hen #ossi bl e, i n #l aces l i ke hotel s, resi dence of
the com#l ai nant etc., the #ancha%atdars and i nde#endent wi tnesses,
1 3 ' & 3 T
if an%, should be so #ositioned as to be able either to overhear the conversation
between the com#lainant and the #ublic or see the transaction of #a%ing the bribe. This
should, however, be done onl% after full% ensuring that no sus#icion would arise in the
mind of the #ublic servant.
/?. 5hen the com#lainant gives the #re,arranged signal indicating the demand
and acce#tance of bribe, the nti,'orru#tion Aureau 9fficers accom#anied b% the
#ancha%atdars should #roceed to the #lace of tra# without loss of time. The nti,
'orru#tion Aureau 9fficer incharge of the tra# #art% should introduce himself and the
#ancha%atdars to the #ublic servant. 'are should be taken to see that the #ublic servant
does not wash or clean his hands on seeing the tra# #art%. 7one of the members of the
tra# #art% should touch the hands of the #ublic servant. Thereafter, sodium carbonate
solution should be #re#ared in a glass tumbler obtained from the #remises. The #ublic
servant should be asked to di# his fingers in the colourless sodium carbonate solution
and if there is a change in the colour of the sol uti on, i t shoul d be #oi nted out to
the #ancha%atdars and #arti cul ar note shoul d be made of the change of
col our to l i ght #i nk., #i nk or dee# #i nk. fter taki ng the #henol #hthal ei n,
sodi um carbonate sol uti on test, the #ubl i c servant shoul d be (uesti oned
regardi ng the bri be mone% obtai ned b% hi m from the com#l ai nant and what
he has done wi th the tai nted mone%. The conduct of the accused when he
i s (uesti oned b% the "nvesti gati ng 9ffi cer, i .e., hi s reacti on l i ke trembl i ng,
l ocati ng, getti ng confused, kee#i ng mum for some ti me etc., i s admi ssi bl e
under secti on / of the "ndi an 3vi dence ct. Burther the statement of the
accused l eadi ng to the di scover% of the tai nted mone% i s admi ssi bl e not
onl % as conduct under secti on / but al so under secti on *+ of "ndi an
3vi dence ct. Hence, these facts shoul d be recorded i n the #anchanama.
"n the event of non,#roducti on of the amount vol untari l % b% the
34
#ubl i c servant, a search of hi s #erson and #remi ses shoul d
be conducted wi th the ai d of such i nformati on as ma% be furni shed b% the
1 3 ' & 3 T
com#l ai nant or accom#an%i ng wi tness, i f an%. The amount recovered
shoul d be counted and the seri al numbers of the currenc% notes shoul d be
com#ared b% the #ancha%atdars wi th the seri al numbers of the currenc%
note recorded i n the #rel i mi nar% #anchanama. "f the #ubl i c servant has
ke#t the amount i n hi s shi rt or #ant #ocket as the case ma% be, thi s i tem
of the a##arel shoul d be subj ected to the test i n sodi um carbonate
sol uti on, #re#ared i n a se#arate gl ass tumbl er obtai ned from the #remi ses
and the change i n col our, i f an%, shoul d be noted. "f the accused offi cer
had not ke#t the tai nted mone% on hi s #erson but had secreted i t i n ei ther
a mone% #urse or di ar% or envel o#e, such contai ner shoul d al so be
subj ected to the test i n sodi um carbonate sol uti on, #re#ared i n a se#arate
gl ass tumbl er obtai ned from the #remi ses. The tai nted mone%, shi rt@#ant
or contai ner shoul d be sei 2ed.
/+. The #ublic servant should necessaril% be given an o##ortunit% to give his
version, which should be recorded in the #anchanama. "t should be got attested b% the
#ancha%atdars. Bacts indicated in the statement of the #ublic servant should
immediatel% be verified. Bailure to (uestion the #ublic servant and give him an
o##ortunit% to #resent his version, immediatel% after recover% of the tainted mone%, will
enable the defence to fabricate theor% of a righteous act, which if it were to have been
ascertained b% the investigating officer at the earliest o##ortunit% could have been
subjected to #roof of its veracit%.
//. ll incriminating documentar% evidence, including the diar%, if an%,
of the #ublic servant, having a bearing on the case in (uestion or revealing
reasonable sus#icion on the conduct and integrit% of the #ublic servant should be
sei2ed after conducting a careful search of his #erson, of the table and
35
almirah in his use and custod%, and also his office. ll other relevant #a#ers
and files connected with the case i n (uesti on whi ch are bei ng deal t
wi th b% others i n the offi ce shoul d al so be re(ui si ti oned and
taken over i mmedi atel %. "n cases rel ati ng to 'ommerci al Ta;
De#artment, the ori gi nal regi sters etc., shoul d not be sei 2ed as far
1 3 ' & 3 T
as #ossi bl e, e;ce#t i n i nstances where the% have a di rect beari ng on the
tra# i nci dent, l i ke cash recei #t book etc., where i t i s #ro#osed not to sei 2e
the ori gi nal regi sters so as not to ham#er work rel ati ng to other
assessees, the rel evant entri es shoul d be co#i ed and got attested b% the
#ancha%atdars and attested co#i es of the same shoul d be obtai ned from
the su#eri or offi cer of the #ubl i c servant who shoul d al so be re(uested to
kee# such regi sters i n safe custod%, for #roducti on i n court, when
necessar%. l l the documents sei 2ed shoul d be got i ni ti al l ed b% the
#ancha%atdars and the "nvesti gati ng 9ffi cer. sam#l e of sodi um
carbonate #owder used for the test shoul d be taken and #reserved i n an
envel o#e dul % seal ed and attested b% the #ancha%atdars, and the
"nvesti gati ng 9ffi cer.
/-. detai l ed #anchanama shoul d be #re#ared b% one of the
#ancha%atdars i ncor#orati ng al the i nformati on enumerated above and al l
the sei 2ures made. The col our of the tabl es or wal l s and curtai ns etc., at
the #l ace of tra# ma% be recorded i n the #anchanama to rul e out the
#robabl e #l ea of the #ubl i c servant that the col our of such obj ects,
a##ro;i mati ng to #i nk col our, made the col our of the test sol uti on l ook
#i nk. "f necessar%, the #ancha%atdars can check u# the col our of the test
sol uti on agai nst cl ear natural background b% taki ng the gl ass tumbl er i nto
an o#en area al ong wi th the #ubl i c servant and i ncor#orate the same i n
the #anchanama. The #anchanama together wi th the tai nted mone%, i tems
of a##arel (ful l % descri bed wi th dhobi marks, i f an%) documents and
arti cl es sei 2ed and sam#l e of sodi um carbonate #owder shoul d be sent to
the court #rom#tl % ( model of the detai l ed #anchanama i s at nne;ure
)".)
36
-:. "mmediatel% after the tra#, the house of the #ublic servant should invariabl%
be searched. The same #ancha%atdars that took #art i n the tra# can be taken
as wi tnesses for the search. "n addi ti on, one or two #ersons of the
l ocal i t% can al so be taken as wi tnesses to the search. Documents
rel ati ng to the ac(ui si ti on of assets b% the #ubl i c servant,
1 3 ' & 3 T
unaccounted mone%, currenc% notes #ai d towards #art,#a%ment b% the
com#l ai nant, j ewel l er% and other val uabl es, the statements of the
accounts i ncl udi ng house,hol d e;#endi ture, l etters of corres#ondence
rel ati ng to i nvestments or offi ci al matters shoul d be sei 2ed. n% offi ci al
fi l es or documents whi ch reveal the corru#t acti vi ti es of the #ubl i c servant
and found i n the house shoul d al so be sei 2ed. n i nventor% of the arti cl es
of the house, such as costl % furni ture, el ectri cal fi tti ngs, costl % i tems of
house,hol d use, l i ke refri gerators, Tel evi si ons, Ta#e,recorders etc., shoul d
be drawn u# room,wi se.
-.. The search shoul d be thorough and e;hausti ve and i t shoul d be
done conti nuousl % wi thout a break, 6e%s of bank l ockers, i f found duri ng
the search shoul d be taken #ossessi on of and after the house search, the
#ubl i c servant shoul d be taken to the bank and the l ockers al so subj ected
to a thorough search. n% i ncri mi nati ng documents or val uabl e arti cl es
found i n the l ocker shoul d al so be sei 2ed. l i st shoul d be #re#ared of the
arti cl es sei 2ed and of arti cl es for whi ch a mere i nventor% i s taken and both
shoul d be attested b% the "nvesti gati ng 9ffi cer and #ancha%atdars. 1ei 2ed
documents shoul d al l be i ni ti al l ed b% the #ancha%atdars and the
"nvesti gati ng 9ffi cer. )al uabl e arti cl es of gol d and si l ver shoul d be got
wei ghed wi th the assi stance of a gol dsmi th and #arti cul ars recorded i n
detai l i n the search l i st. co#% of the search l i st shoul d be gi ven to the
#ubl i c servant or an% one of the adul t members of the house under
acknowl edgment. Documents and val uabl e sei 2ed together wi th the search
l i st shoul d be sent to the 'ourt i mmedi atel %.
37
-*. sketch showi ng the #osi ti on of the #ubl i c servant tra##ed,
com#l ai nant, and members of the tra# #art% at the ti me of the tra# and
di stances at whi ch the vari ous #ersons concerned were standi ng
shoul d be drawn u#, wi th the assi stance of a Draughtsman, i f
necessar%, after the tra# and a co#% of the same sent to the
nti ,'orru#ti on Aureau Head 9ffi ce al ong wi th the fi nal re#ort. The
1 3 ' & 3 T
ori gi nal sketch wi l l accom#an% the tra# records to the 1#eci al 'ourt.
mong the documents sei 2ed, such of those whi ch are re(ui red for the
#ur#ose of i nvesti gati on can be retai ned b% the "nvesti gati ng 9ffi cer wi th
the #ermi ssi on of the 'ourt.
-=. "mmedi atel % after the tra#, a &adi o message shoul d be sent to
the Di rector, nti ,'orru#ti on Aureau and the i mmedi ate su#eri or offi cer of
the tra##ed offi cer@'ol l ector marki ng co#i es to the Head of the
De#artment, i ndi cati ng the events of the tra# i n bri ef.
-0. l l concerned wi tnesses, #arti cul arl % those found at the ti me of
tra# and those who work i n the #l ace of tra# shoul d be e;ami ned, whether
the% su##ort the tra# or not. 1tatements of the com#l ai nant,
accom#an%i ng wi tnesses and an% other #ersons #resent, who are deemed
to be i m#ortant wi tnesses i n the tra# case, shoul d be got recorded under
1ecti on .?0 'r.$.'. #rom#tl %.
->. Tra#s agai nst the Doctors must be l ai d onl % i n the 4overnment
hos#i tal s as far as #ossi bl e and not at thei r resi dences.
-?. "nvesti gati on of tra# case must be com#l eted wi thi n a month and
re#ort sent encl osi ng 'ase Dai r% Bi l e, 1#eci men 1ancti on 9rder etc.,
-+. Duri ng the i nvesti gati on of a tra# case, evi dence of si mi l ar
demand and acce#tance of bri bes b% the #ubl i c servant i n earl i er
i nstances ma% al so come to l i ght. These i tems shoul d be i nvesti gated
38
su##l ementari l %, though on the same B.".&. The charge,sheet i n those
su##l ementar% i nstances need not be combi ned wi th the tra# case si nce
#uni shment i n res#ect of the offence i n the tra# case i s l i kel % to be
mi grated on account of al l eged other i nstances of bri be gi vi ng and taki ng.
8oreover, the other i nstances are l i kel % to take a l ong ti me for
i nvesti gati on and i nvesti gati on i n the tra# case shoul d not be del a%ed on
that account.
1 3 ' & 3 T
-/. Duri ng the course of i nvesti gati on, i f an% i nformati on regardi ng
ac(ui si ti on of di s#ro#orti onate assets b% the #ubl i c servant comes to l i ght,
a se#arate case under secti on > (.) (e) of the $reventi on of 'orru#ti on
ct, .-0+ shoul d be regi stered and i nvesti gated.
--. 'o#i es of documents on whi ch #rosecuti on i s based shoul d be
ke#t read% i mmedi atel % after the fi nal re#ort i s submi tted. 9n recei #t of
sancti on for #rosecuti on, the charge,sheet shoul d be #re#ared i n
consul tati on wi th the Eegal dvi ser and fi l ed together wi th co#i es of al l the
documents wi thi n a fortni ght i n the court of 1#eci al Judge for 1.$.3. F
.'.A. 'ases.
.::. 9n recei #t of summons from the court of the 1#eci al Judge for
1.$.3. F .'.A. 'ases, the "ns#ectors i ncharge of the cases shoul d
ensure that the summons are served #rom#tl % and the served summons
are returned to the 1#eci al 'ourt suffi ci entl % earl %, so that the court coul d
know whi ch wi tness woul d be attendi ng and whi ch of them woul d not, to
enabl e the court to arrange the tri al and com#l ete i t e;#edi ti ousl %.
.:.. "n al l cases i n whi ch s#eci fi c orders have been #assed b% the
court orderi ng refund of tra# mone% to the com#l ai nants after the a##eal
ti me i s over, the ".9s. wi l l take ste#s for refund of the tra# amounts to the
com#l ai nants from the 'ourt.
.:*."n the event of fai l ure of the tra#, i t i s o#en to the "nvesti ,gati ng
9ffi cer to #roceed agai nst the #ubl i c servant on the basi s of the B".&.
39
al read% i ssued, i f there i s reason to bel i eve that there i s a demand of
bri be whi ch i tsel f i s an offence #uni shabl e under 1ecti on .?. "$'. 9n
com#l eti on of i nvesti gati on on the basi s of evi dence avai l abl e, he shoul d
submi t the fi nal re#ort of en(ui r% #ro#osi ng ei ther #rosecuti on or en(ui r%
b% the Tri bunal for Di sci #l i nar% $roceedi ngs@De#artmental cti on as ma%
be warranted b% the facts and ci rcumstances of the case.
1 3 ' & 3 T
.:=. Hnder 1ecti on .?>, of the "ndi an $enal 'ode, 'ri mi nal acti on
ma% be taken agai nst #ersons who tem#t honest #ubl i c servants wi th
offers of i l l egal grati fi cati on. n abetment of an offence #uni shabl e b% the
s#eci fi c #rovi si ons under that secti on i s cogni 2abl e and bai l abl e vi de
secti on = of the $reventi on of 'orru#ti on ct .-0+.
.:0. 7o di sti ncti on can be made between a #ubl i c servant and an
ordi nar% ci ti 2en. The #rovi si ons of secti on .?>, "$' are made a##l i cabl e
to whoever abets an offence #uni shabl e under secti on .?. or 1ecti on .?>
"$', whether or not that offence i s commi tted i n conse(uence of the
abetment. The mi suse of #rovi si ons of secti on .?. and .?> at the i nstance
of di sgruntl ed el ements to foi st or concoct fal se or ve;ati ous cases of
corru#ti on agai nst i nnocent #ubl i c servant, shoul d be careful l % watched. "n
such cases, the #ubl i c servant who i s sought to be fal sel % i nvol ved i n a
case of corru#ti on and for that #ur#ose, he i s ei ther tem#ted wi th an offer
of i l l egal grati fi cati on or i s actual l % offered bri be ma% #refer a com#l ai nt to
an offi cer of the nti ,'orru#ti on Aureau. 9n recei #t of the com#l ai nt, a
case shoul d be regi stered b% i ssui ng B." .&. under secti on .?>, "$'. "n
i nstances of thi s t%#e, there i s no need to obtai n #ri or #ermi ssi on for
regi strati on of a case. "n i nstances where i nformati on i s gi ven suffi ci entl %
i n advance and the accused has to be tra##ed when i n the act of offeri ng
i l l egal grati fi cati on, the #resence of two #ancha%atdars, as i n the case of
other tra#s, shoul d be secured and a #rel i mi nar% #anchanama shoul d be
wri t ten, cl earl % bri ni ng out the arrangement made to tra# the #erson
offeri ng the bri be. 5herever #ossi bl e, arrangements shoul d al so be made
to ta#e,record the conversati on i mmedi atel % #recedi ng the tra#. "n
40
i nstances where i t i s not #ossi bl e to l a% a tra#, ether because the
i l l egal grati fi cati on has al read% been forced on the com#l ai nant
or because the com#l ai nant has forewarned the bri be,
gi ver, i nvesti gati on shoul d #roceed wi th,
1 3 ' & 3 T
after regi strati on of the case, on the basi s of the avai l abl e evi dence.
"nvesti gati on of al l the cases of thi s t%#e shoul d be com#l eted wi thi n a
fortni ght.
.:>. "n cases where a #erson other than a #ubl i c servant fi gures as
an accused for an offence under secti on .?>, "$' there i s no need to
obtai n sancti on from the 4overnment for #rosecuti ng hi m as no such l egal
re(ui rement i s contem#l ated. Aut, i n cases where a #ubl i c servant fi gures
as an accused, who i s not removabl e from hi s offi ce save b% or wi th the
sancti on of the 1tate 4overnment, the sancti on of the 1tate 4overnment
has to be obtai ned before fi l i ng of a charge,sheet.
.:?. charge,sheet under secti on .?>, "$' shoul d be fi l ed i n the
court of the 1#eci al Judge for 1$3 and 'A cases after recei #t of orders
from the 4overnment i n res#ect of #ubl i c servants and from the Di rector i n
res#ect of others.
.:+. The $reventi on of 'orru#ti on ct, .-0+ #rovi des for certai n
i mmuni t% to the bri be,gi ver under certai n ci rcumstances. Hnder secti on /
of the sai d ct, the bri be,gi ver who makes a statement i n an% #roceedi ngs
agai nst a #ubl i c servant for an offence under secti on .?. or secti on .?>
"$' or under secti ons > (*) or (=,) of the $reventi on of 'orru#ti on ct,
.-0+ i s #rotected from bei ng subj ected to #rosecuti on under secti on .?>,
of the "$'.
1 3 ' & 3 T
41

CHAPTER VIII
DISPROPORTAIONATE ASSETS
.:/. The 1anthanam 'ommi ttee on I $reventi on of 'orru#ti onJ
recommended that #ossessi on of di s#ro#orti onate assets b% a #ubl i c
servant shoul d be made a substanti ve offence, and suggested an
amendment. 9n thi s, the nti ,'orru#ti on Eaws (mendment) ct .-?0 was
#assed whi ch del eted secti on > (=) of the $reventi on of 'orru#ti on ct
.-0+ and i nstead, added a new sub,secti on (e) to secti on > (.) of the ct.
Thi s came i nto force from ./
t h
December, .-?0.
.:-. "t has general l % been found that di shonest #ubl i c servants
ac(ui re and hol d assets ei ther i n thei r names or i n the names of thei r
de#endents or fri ends b% uti l i 2i ng thei r i l l ,gotten earni ngs through corru#t
#racti ces.
..:. 1ecti on > (.) (e) of the $reventi on of 'orru#ti on ct reads as
fol l ows:,
K #ubl i c servant i s sai d to commi t the offence of cri mi nal
mi sconductL
K i f he or an% #erson on hi s behal f i s i n #ossessi on or
at an% ti me duri ng the #eri od of hi s offi ce, been i n
#ossessi on, for whi ch the #ubl i c servant cannot
sati sfactori l % account, of #ecuni ar% resources or
#ro#ert% di s#ro#orti onate to hi s known sources of
i ncome.L
.... "t i s thus seen from thi s #enal #rovi si on that the
obj ect of i nserti on of thi s secti on maki ng the #ossessi on of assets
b% a #ubl i c servant, i tsel f a substanti ve offence i s to #uni sh those
#ubl i c servants, who habi tual l % resort to ac(ui si ti on of assets b%
42
commi ssi on of offences of 'ri mi nal mi sconduct b% vi rtue of thei r offi ci al
#osi ti on and b% mi suse or abuse of thei r #owers but sti l l manage
1 3 ' & 3 T
to esca#e. "t i s common knowl edge that as a resul t of the cumul ati ve
effect of the bri bes taken over a #eri od of ti me, the evi dence of such i l l i ci t
earni ngs wi l l be di scerni bl e onl % through the assets i n the #ossessi on of a
#ubl i c servant or refl ected i n the ostentati ous and l avi sh st %l e of hi s l i vi ng.
To establ i sh an offence under thi s secti on, al l that i s necessar% i s to #rove
that a #ubl i c servant or an% #erson on hi s behal f i s i n #ossessi on of
assets whi ch he i s not abl e to reasonabl % account for.
..*. 'l ause (d) of 1ub,1ecti on (.) of 1ecti on >, of the $reventi on of
'orru#ti on ct, .-0+ em#owers a D%.1u#dt . of $ol i ce to i nvesti gate i nto
an% offence #uni shabl e under secti on > of the sai d ct. 1i mi l arl %, b% vi rtue
of the authori sati on i ssued b% the 4overnment i n 4.9.8s.7o..+:,
4enl .dmn.(1'.D) De#t., dated *:,=,.-?/, under the fi rst #rovi so to sub,
secti on (.) of secti on >, of the sai d ct, the "ns#ectors of $ol i ce of the
nti ,'orru#ti on Aureau are com#etent to i nvesti gate offences under
1ecti on > of the ct. However, accordi ng to the second #rovi so to 1ub,
secti on . of 1ecti on >, of the ct, a case of di s#ro#orti onate assets,
bei ng an offence under 'l ause (e) of sub,secti on (.) of 1ecti on > of the
sai d ct, can be i nvesti gated onl % on a s#eci al authori sati on ei ther b% the
Di rector or ddi ti onal Di rector or the Joi nt Di rector of nti ,'orru#ti on
Aureau i .e., an 9ffi cer not bel ow the rank of a 1u#eri ntendent of $ol i ce.
..=. "t has been #rescri bed as a general rul e i n the ndhra $radesh
'i vi l 1ervi ces ('onduct) &ul es governi ng the conduct acti vi ti es of #ubl i c
servants that the% shoul d mai ntai n absol ute i ntegri t %. The #ossessi on of
di s#ro#orti onate assets or l avi sh st%l e of l i vi ng be%ond hi s means b% a
#ubl i c servant, wi l l , therefore, l ead to the i rresi stabl e concl usi on that he
has not been mai ntai ni ng absol ute i ntegri t % and has been l i ni ng hi s
43
#ockets b% corru#t #racti ces. 'ogni 2ance can al so be taken of thi s matter
under the sai d rul es.
1 3 ' & 3 T
114. The en(ui r% M "nvesti gati on of a case of di s#ro#orti onate
assets ai ms at ascertai ni ng the total i ncome from al l known sources, total
e;#endi ture, al l assets (movabl e and i mmovabl e) ac(ui red b% the #ubl i c
servant, and ei ther i n hi s #ossessi on or i n that of hi s de#endants,
rel ati ves and fri ends through benami transacti ons duri ng a s#eci fi c #eri od
of ti me. "f the assets are found to be cl earl % di s#ro#orti onate to the l i kel %
savi ngs arri ved at b% deducti ng the total e;#endi ture from the total i ncome
duri ng the s#eci fi c #eri od (cal l ed check #eri od), the #ubl i c servant can be
sai d to be i n #ossessi on of di s#ro#orti onate assets, and i s #uni shabl e
under secti on > (*) of the $reventi on of 'orru#ti on ct, .-0+.
115. Di s#ro#orti onate assets have to be com#uted b% s#eci fi c
evi dence to the e;tent #ossi bl e and b% anal %si s, deducti ons and
assessments where s#eci fi c evi dence i s not avai l abl e and as such, shoul d
be more than reasonabl % di s#ro#orti onate before a case can be taken to
court. The (uesti on whether the assets are so di s#ro#orti onate as to
attract the #rovi si ons of the $reventi on of 'orru#ti on ct, .-0+ or warrant
di sci #l i nar% acti on under 'onduct &ul es, has to be e;ami ned i n each
case, b% reference to the durati on of the check #eri od, the e;tent of
di s#ro#orti onate assets and i ts rel ati on to the total i ncome duri ng the
check #eri od. Thi s i s so because, whereas the degree of di s#ro#orti on of
sa% &s.*>,:::@, agai nst a total i ncome of &s..,::,:::@, duri ng a check
#eri od of ? to + %ears wi l l be st ri ki ngl % act i onabl e, t he same degree of
di s#ro#ort i on i f rel at ed t o a l onger check #eri od of *: t o *> %ears agai nst a t ot al
i ncome of &s. *, ::, :::@ , ma% not readi l % l ead t o a concl usi on, warrant i ng an%
act i on. 3ach case has t heref ore t o be consi dered on i t s own meri t s and t he
ci rcumst ances governi ng t he case.
44
116. case of di s#ro#ort i onat e asset s ma% come u# f or
i nvest i gat i on@ en(ui r% b% t he nt i ,'orru#t i on Aureau i n one of t he f ol l owi ng
wa%s: , ,,,
1 3 ' & 3 T
(a) 1#eci fi c i nformati on avai l abl e to the nti ,'orru#ti on Aureau
about #ossessi on of assets b% an accused offi cer who ma% not be subj ect
matter of an en(ui r% bei ng conducted b% the nti ,'orru#ti on Aureau.
(b) $ursuant to a regul ar en(ui r%, ei ther s#eci fi cal l % for
#ossessi on of di s#ro#orti onate assets or i nto al l egati ons of mi sconduct, i t
i s reasonabl % establ i shed that the ccused 9ffi cer i s i n #ossessi on of
di s#ro#orti onate assets, the #ro#er thi ng to do i s to regi ster a case and
fol l ow i t u# to i ts l ogi cal concl usi on.
( c ) Tra# cases fol l owed b% i nvesti gati on i nto the assets of the
ccused 9ffi cer:,,,
7ormal l %, an offi cer caught red,handed whi l e demandi ng and
acce#ti ng a bri be, ma% be deemed to be a habi tual bri be taker and
#ossi bl % i n #ossessi on of assets di s#ro#orti onate to hi s known sources of
i ncome whi ch shoul d be l ooked for.
117. "mmedi atel % after regi strati on of a case under secti on > (") (e)
read wi th 1ecti on > (*) of $reventi on of 'orru#ti on ct, the "nvesti gati ng
9ffi cer shoul d, wi thout l oss of ti me, search the house of the accused
offi cer as wel l as those of hi s rel ati ves and fri ends si mul taneousl % i f he i s
sus#ected to have secreted i ncri mi nati ng records, movabl e assets l i ke
j ewel l er%, cash etc., i n the l atter #l ace, after dul % observi ng house search
formal i ti es. 1earches shoul d be commenced i n the earl % hours of the da%
and com#l eted wi thout an% break.
45
118. l l nnual "mmovabl e $ro#ert% 1tatements submi tted
b% the ccused 9ffi cer ti l l the date of the en(ui r%M regi strati on
of case, shoul d be obtai ned b% the "nvesti gati ng 9ffi cer
from the concerned Head of 9ffi ce@De#t. The "nvesti gati ng 9ffi cer
shoul d al so cal l for al l #arti cul ars of movabl e and i mmovabl e #ro#erti es
of the accused offi cer from the Head of the De#artment i n si ; #roformae
statements re(uesti ng to get them fi l l ed u# b% the ccused 9ffi cer
1 3 ' & 3 T
under &ul e - (/) of .$. 'i vi l 1ervi ces ('onduct) &ul es, and return them
to hi m ("nvesti gati ng 9ffi cer).
119. nal ogous #rovi si ons e;i st i n the l l "ndi a 1ervi ces ('onduct)
&ul es, .-?/.
120. #art from the assets menti oned i n those statements, i f an%
other assets are #ossessed b% the ccused 9ffi cer, evi dence has to be
col l ected to establ i sh thei r #ossessi on.
121. The "nvesti gati ng 9ffi cer shoul d al so col l ect i mmedi atel % al l
rel evant records, l etters of authori 2ati on, i nti mati on etc., rel ati ng to
#urchase or sal e of or gi fts to the accused offi cer, of movabl e and
i mmovabl e #ro#erti es.
122. Hnder 1ecti on .?> 'r.$.'., the 9ffi cer i ncharge of a $ol i ce
1tati on has the #ower of maki ng a search i n an% #l ace for the sei 2ure of
an%thi ng bel i eved to be necessar% for the #ur#ose of i nvesti gati on. The
4overnment have, vi de 4.9.8s.7o.=0., Home ($ol .D) De#artment, dated
*=
r d
8a%, .-/0 noti fi ed the offi ces of the Di rector, ddi ti onal Di rector,
Joi nt Di rectors, De#ut% Di rectors, De#ut % 1u#eri ntendents of $ol i ce of the
'i t% and other &anges and Di st ri ct and &ange " ns#ect ors of $ol i ce of t he
nt i ,'orru#t i on Aureau as $ol i ce 1t at i ons wi t h l ocal j uri sdi ct i on i n t hei r
res#ect i ve areas (nne;ure, " " ).
123. "f #ri ma faci e there i s evi dence that the accused offi cer i s i n
#ossessi on of di s#ro#orti onate assets and i f there i s sus#i ci on that the
46
accused of f i cer ma% di s#ose of some of t he #ro#ert i es, t he " nvest i gat i ng 9ffi cer
shoul d address the Di rector, nti ,'orru#ti on Aureau t o re(uest t he
4overnment f or at t achment of di s#ro#ort i onat e asset s ei t her duri ng t he
i nvest i gat i on or af t er com#l et i on of i nvest i gat i on and submi ssi on of f i nal
re#ort s. 9n recei #t of such a re(uest t he 4overnment woul d aut hori 2e t he
4overnment #l eader to make an a##l i cati on to the concerned Di stri ct
Judge f or an i nt eri m at t achment of t he di s#ro#ort i onat e asset s of t he
1 3 ' & 3 T
accused offi cer under secti on = of the 'ri mi nal l aw mendment
9rdi nance, .-00. 1ecti on = of the 'ri mi nal Eaw mendment 9rdi nate l a%s
down that the 4overnment ma% authori 2e the maki ng of an a##l i cati on to
the Di stri ct Judge wi thi n the l ocal l i mi ts of whose j uri sdi cti on, the accused
#erson ordi nari l % resi des or carri es on busi ness, for the attachment of hi s
#ro#erti es. The 4overnment $l eader wi l l fi l e the #eti ti on for attachment.
The #rovi si ons of 9rder NN)"" of the Bi rst 1chedul e to the 'ode of 'i vi l
$rocedure, .-:/, a##l % to #roceedi ngs for an order of attachment. n
order of such attachment of #ro#ert% #assed b% the Di stri ct Judge i s val i d
for three months. "t, however, gets automati cal l % e;tended i f, i n the
meanti me, the charge,sheet i s fi l ed and the court of the 1#eci al Judge for
'A 'ases has taken cogni 2ance of the offence under secti on > (*) read
wi th 1ecti on > (.) (e) of $reventi on of 'orru#ti on ct, .-0+, and remai ns
val i d ti l l the termi nati on of the cri mi nal #roceedi ngs. 5here a charge,
sheet i s not fi l ed wi thi n the i ni ti al #eri od of three months, the "nvesti gati ng
9ffi cer shoul d re(uest the concerned 4overnment $l eader to fi l e an
a##l i cati on i n ti me before the Di stri ct j udge and obtai n an e;tensi on from
the 'ourt vi de 1ecti on .: of the sai d ordi nance. 3val uati on and di s#osal
of the attached #ro#erti es u#on termi nati on of cri mi nal #roceedi ngs i s
governed b% 1ecti ons .* and .= of the sai d 9rdi nance.
124. " nvest i gat i on of cases rel at i ng t o di s#ro#ort i onat e asset s shoul d be
com#l et ed and re#ort s submi t t ed wi t hi n si ; mont hs.
125. 1ancti on of $rosecuti on:,,,,, 5hen, as a resul t of
i nvesti gati on, i t i s establ i shed that the ccused 9ffi cer i s i n #ossessi on of
assets di s#ro#orti onate to al l known sources of hi s i ncome, and not abl e
47
to sati sfactori l % account for the sources of these assets, i t consti tutes an
offence under secti on > (.) (e) of the $reventi on of 'orru#ti on ct,.-0+
#uni shabl e under secti on > (*) thereof.The authori t % com#etent to
remove the accused offi cer from servi ce i s com#etent to
1 3 ' & 3 T
accord sancti on under 1ecti on ? (.) of the $reventi on of 'orru#ti on ct,
.-0+ for the #rosecuti on of the accused offi cer for the sai d offence.
ccordi ngl %, sancti on for #rosecuti on shoul d be obtai ned before fi l i ng a
charge,sheet si nce no 'ourt can take cogni 2ance of the case wi thout
#ro#er sancti on.
CHARGE-SHEET
126. 9n recei #t of sanct i on f or #rosecut i on, a charge,sheet under 1ect i on
> (*) read wi t h 1ect i on > (.) (e) of t he $revent i on of 'orru#t i on ct shoul d be
submi t t ed e;#edi t i ousl % i n t he court of t he 1#eci al Judge f or 'A 'ases i n
consul t at i on wi t h t he Eegal dvi ser, encl osi ng co#i es of al l rel evant document s
on whi ch t he #rosecut i on rel i es. The dat e of f i l i ng of charge,shee
COMPUTATI ON OF DISPROPORTION- IMPORTANT
INGREDIENTS:
127. The term I di s#ro#orti onate assetsJ came i nto vogue after the
$reventi on of 'orru#ti on ct was enacted. To veri f % i f a $ubl i c 1ervant
i s i n #ossessi on of I Di s#ro#orti onate ssets, three i tems have to be
com#uted. The% are: (a) "ncome, (b) 3;#endi ture and (c) ssets. 9n the
basi s of evi dence col l ected, the #eri od duri ng whi ch the accused offi cer
had i ndul ged i n corru#t #racti ces and amassed huge assets i s
roughl % determi ned and thi s #eri od i s taken as the 'heck $eri od and the
three com#onents namel %, "ncome, 3;#endi ture and ssets ac(ui red
duri ng the check #eri od are com#uted. "f the I total e;#endi tureJ duri ng the
I check #eri odJ i s deducted from the KTotal "ncomeJ duri ng the same #eri od,
the resul t woul d be the I l i kel % savi ngsJ . "f the I Total e;#endi tureJ e;ceeds
I Total "ncomeJ duri ng the I #eri od of checkJ , the e;cess woul d reveal the
e;tent of I over s#endi ngJ . "n the case of an honest offi cer, the val ue of
48
I ssetsJ at the end of the I #eri od of checkJ ma% be l ess than or at t he most ,
e(ual t o t he I l i kel % savi ngsJ . " n an% ot her case, where t he I asset sJ
1 3 ' & 3 T
e;ceed the I l i kel % savi ngs, or there i s over s#endi ngJ the offi cer concerned
wi l l be consi dered to #osses assets di s#ro#orti onate to hi s known sources
of i ncome or si m#l % I di s#ro#orti onate assetsJ .
128. The i nvesti gati onM en(ui r% shoul d be on cl ear cut l i nes on the
basi s of the four mai n as#ects referred to above. rough bal ance sheet
regardi ng total i ncome and total e;#endi ture on the one si de and assets
on the other shoul d be drawn u# at the earl i est #ossi bl e stage and
u#dated to corres#ond to the #rogress i n en(ui r%@ i nvesti gati on from ti me
to ti me. The sal i ent features and i m#ortant #oi nts whi ch the i nvesti gati ng
offi cer shoul d kee# i n mi nd and fol l ow u# wi th meti cul ous care are as
under:,
CHECK PERIOD
(a) (i ) whi l e the i nvesti gati ng $ol i ce 9ffi cers are free to fi ; the
check #eri od, the% ma%, as far as #ossi bl e, fi ; the check #eri od from the
date of entr% i nto servi ce ti l l the date of orderi ng an en(ui r%. However, i t
ma% not be necessar% i n ever% case to fi ; the #eri od of check from the
commencement of servi ce of the #ubl i c servant u# to the ti me when a
case i s regi stered or i n certai n cases u# to the date of search where a
search has been conducted. "n some cases, i t ma% be useful to
commence the check #eri od from a date i mmedi atel % #recedi ng the
ac(ui si ti on of substanti al assets. The i nvesti gati ng offi cer soon after
taki ng u# the i nvesti gati on, must deci de u#on the #eri od whi ch he wants
to ado#t as the I check #eri odJ for the #ur#ose of i nvesti gati on. There
shoul d be a reasonabl e basi s for sel ecti ng a shorter check #eri od. "t i s
i deal to have the starti ng date of the check #eri od as the date on whi ch
the accused #ubl i c servant got a #arti cul ar #osti ng wherei n the amassed
weal th b% corru#ti on or the date of hi s #romoti on.
49
(i i ) 1avi ngs effected before the #eri od of check shoul d al so be
taken i nto consi derati on b% the #rosecuti on i n assessi ng di s#ro#orti on.
1 3 ' & 3 T
(b) "n ever% case of di s#ro#orti onate assets, the resi dence of the
#ubl i c servant, hi s offi ce room, and the resi dences of hi s rel ati ons where
the #ubl i c servant i s sus#ected to have secreted hi s #ro#erti es benami ,
etc., shoul d i nvari abl % be searched on warrants obtai ned from the 1#eci al
'ourt or where such i nformati on becomes avai l abl e duri ng i nvesti gati on,
under 1ecti on .?> 'ri mi nal $enal 'ode. The sal i ent features of such
searches are as under:,,,
(i ) ssets shoul d be sei 2ed onl % i f the% are #atentl % hi gh for
the #ubl i c servant to hol d. 9therwi se i t shoul d onl % be
menti oned i n the i nventor% to be #re#ared at the ti me of
search.
(i i ) #ro#er "nventor% shoul d be #re#ared of the assets found
duri ng the searches. )al uati on shoul d al so be as at the ti me
of ac(ui si ti on and not the val ue at the ti me of i nvesti gati on.
Jewel l er% shoul d be got val ued b% summoni ng an a##roved
val uer.
("i i )l l rel evant documents shoul d be sei 2ed. 1al e deeds,
#urchase bi l l s, Aank $ass Aooks, 'he(ue Aooks etc., i n the
names of others shoul d al so be sei 2ed as these woul d l ater
hel # the ".9. to #rove that the% were benami #urchases and
real l % bel onged to the #ubl i c servant concerned.
(i v) consci ous effort shoul d be made duri ng the searches to
fi nd out the bank l ockers mai ntai ned b% the #ubl i c servant.
Thi s can be found out b% tactful i nterrogati on of the #ubl i c
servant and the members of hi s fami l %, b% l ocati ng l ocket
fee recei #ts or l ocker ke%s whi ch have a si ngul ar
a##earance. "f an% l ocker i s l ocated, the ke% shoul d be
sei 2ed and the l ocker seal ed. "t shoul d be searched at the
earl i est b% obtai ni ng a warrant from the 1#eci al 'ourt.
TOTAL INCOME AND OTHER INCOME
50
129. "n the case of a #ubl i c servant, the i ncome
i ncl udes (a) #a%, al l owances and honourari aG (b) i ncome from
i mmovabl e #ro#ert %G (c) i ncome from movabl e assetsG (d) i ncome b%
1 3 ' & 3 T
be(ueaths and gi fts (e) i ncome from other mi scel l aneous sources (f)
Eoans and advances (g) T.. and D.. (h) i ncome from agri cul tural
#ro#ert % (i ) #rofi ts on di s#osal of assets etc.
!" $a% and al l owances: (i ) 1o far as #a% and al l owances are
concerned, there shoul d be no di ffi cul t % i n com#uti ng the same from
offi ci al records. "t i s, however, essenti al that the resul ts of thi s
com#i l ati on shoul d be i nti mated to the accused offi cer. "f he #oi nts out
an% di scre#anc%, i t shoul d be i mmedi atel % resol ved b% rechecki ng wi th the
offi ci al records i ncl udi ng those of the ccountant,4eneral so that the
fi gures so worked out become al most i ncontroverti bl e. The sal ar% i ncome
shoul d normal l % be taken on net basi s after deducti on of i ncome,ta;,
#rovi dent fund etc. whi ch has the corres#ondi ng effect of e;cl udi ng these
i tems from the e;#enses si de.
(i i ) s regards honourari a, whi l e most of i t shoul d be avai l abl e
from #ersonal records of the offi cer, there ma% be certai n i tems l i ke
earni ngs from wri ti ngs i n news#a#ers or j ournal s or del i veri ng of l ectures
etc., for whi ch com#l ete detai l s ma% not be avai l abl e i n the offi ci al records
or even i n the records mai ntai ned i n t he of f i ce of t he ccount ant ,4eneral . " n
such cases, t he accused of f i cer shoul d be s#eci f i cal l % asked t o gi ve #art i cul ars
of al l such amount s t hat he had recei ved t owards ro%al t i es et c. , and t he det ai l s
gi ven b% hi m shoul d be cross,checked f rom of f i ci al records@ rel evant sources.
(b) T.. F Dai l % l l owance: T.. and D. . are meant t o rei mburse t he
#ubl i c servant i n res#ect of out ,of ,#ocket e;#enses and shoul d not ordi nari l % be
a source of i ncome. There can however be e;ce#t i ons where t he T.. @ D. .
&ul es are ver % l i beral and t he #ubl i c servant has t o undert ake consi derabl e
amount of t ouri ng i n ci rcumst ances where a cert ai n #ercent age of t he
al l owances can reasonabl % be e;#ect ed t o be saved. n% cl ai m of such savi ngs
51
of T..@D.. b% the $ubl i c servant shoul d, therefore, be consi dered
careful l % b% the "nvesti gati ng 9ffi cer.
1 3 ' & 3 T
( c ) " ncome f rom " mmovabl e #ro#ert %G (i ) Thi s can be deri ved i n t hree
di f f erent wa%s vi 2. , (.) 1al e #roceeds of #ro#ert %: (*) com#ensat i on ari si ng i n
cases of ac(ui si t i on of #ro#ert % b% 4ovt . et c. and (=) i ncome b% wa% of rent or
%i el d f rom agri cul t ural #ro#ert % et c.
(i i ) 1uch i ncome can be #reci sel % det ermi ned f rom rel evant records,
such as #ersonal books of account s, records of #urchaser such as sal e deeds,
document s #ert ai ni ng t o com#ensat i on f or ac(ui si t i on of #ro#ert % and i n t he
cases of rent al i ncome b% rent recei #t s and b% e;ami nat i on of t he t enant s
concerned. Burt her veri f i cat i on can al so be made b% ref erence t o t he " ncome,
t a; &et urns and b% t he e;ami nat i on of Aank ccount s of t he $ubl i c 1ervant and
8uni ci #al records. The e;#l anat i ons ma% somet i mes be usef ul l % ut i l i 2ed.
(d) "ncome from movabl e assetsG 1uch i ncome ma% be deri ved i n a
number of wa%s, i m#ortant among them bei ng:,,,,
(i ) Di vi dends on sharesG
(i i ) "nterest on securi ti es or debenturesG
(i i i ) "nterest on de#osi tsG
(i v) $rofi ts or sal e #roceeds ari si ng out of sal e of shares,
securi ti es, debentures or other movabl e assets.
"ncome from the shares, securi ti es, de#osi ts etc., can be obtai ned from
the com#ani es or the fi rms concerned. &egardi ng #rofi ts on sal e of
movabl e arti cl es, the i nformati on can be obtai ned b% e;ami ni ng the
rel evant records or b% e;ami ni ng #ersons havi ng knowl edge of such
transacti ons. These can be further veri fi ed from the "ncome,Ta; returns
and bank accounts and al so b% e;ami ni ng the com#etent authori t % under
the 'onduct &ul es.
(e) 4i fts:,,, (i ) The "nvesti gati ng 9ffi cer has to veri f % the fi nanci al
status of the al l eged donors and whether the% were i n #osi ti on to make
such gi fts to the accused offi cer as al l eged. "f gi fts are made on stam#
52
#a#er, the scruti n% of the rel evant stam# #a#ers and dates on whi ch
the% were #urchased, i s someti mes l i kel % to serve ver% useful #ur#ose.
1 3 ' & 3 T
Bor e;am#l e, i f the stam# #a#er had been #ri nted or was sol d on a date
after the sai d transacti on had al l egedl % taken #l ace, i t woul d establ i sh that
the document was #re#ared subse(uentl % wi th a vi ew to shi el di ng the
accused offi cer.
(i i ) The "ncome ta; assessment records of the al l eged donors, i n
case of gi fts of bi g amounts ma% someti mes confi rm or di s#rove the
al l eged transacti ons. "f the gi fts of amounts bi gger than the val ues
e;em#ted under the 4i ft Ta; ct, .->/ are made, a reference to the 4i ft
Ta; records of the donors ma% #rove whether the transacti ons are genui ne
or not. "n the l atter case, the% wi l l e;#ose that the% were merel % a devi se
to shi el d the accused offi cer.
(f) "ncome from gri cul tural $ro#ert %: ,,, The ccused 9ffi cers who
own agri cul tural #ro#erti es general l % i nfl ate the i ncome from such
#ro#ert %. Thi s re(ui res a ver% detai l ed i nvesti gati on wi th reference to the
si 2e of the hol di ngs of agri cul tural #ro#ert %, nature of l and, t%#es of cro#s
rai sed, rel evant revenue records i ncl udi ng cro#,cutti ng records,
commodi t% #ri ce i ndi ces etc., assessment of the %i el d and of i n#uts such
as the e;#endi ture on i rri gati on, #urchase of seeds and ferti l i 2ers, wages
of l abour etc., for arri vi ng at the net i ncome from agri cul tural #ro#ert %.
5here agri cul tural i ncome,ta; i s #a%abl e, i t shoul d be ascertai ned
whether the #ubl i c servant has been assessed for agri cul tural i ncome,ta;.
dangal s, $ahani es and )i l l age accounts shoul d be scruti ni 2ed and
vi l l age offi cers and the nei ghbouri ng cul ti vators e;ami ned. "nvesti gati on
shoul d be methodi cal and sustai ned i n these cases and al l rel evant
i nformati on and records shoul d be obtai ned ver% (ui ckl % so that there i s
no o##ortuni t% for the accused offi cers to mani #ul ate the records.
(g) Eoans and dvance : ,,,, There wi l l be no di s#ut e i f t he l oans and
advances are t aken f rom t he 4overnment . Di f f i cul t i es ari se onl % i n
53
cases where t he accused off i cer cl ai ms t o have t aken l oans f rom
near rel at i ves or f ri ends. " t t he accused offi cer cl ai ms recei #t of
a number of tem#orar% l oans from numerous rel ati ons, fri ends etc.,i t i s
1 3 ' & 3 T
necessar% for the "nvesti gati ng 9ffi cer to make en(ui ri es about the
fi nanci al #osi ti on of the credi tors and the source from whi ch the amounts
were wi thdrawn for advanci ng l oans, etc. The fi nanci al ca#aci t% of the
#ersons to make such l oans, i ncome,ta; records, scruti n% of bank
accounts re(ui re thorough #robe. 5here a #erson cl ai ms to have made a
substanti al advance to the #ubl i c servant, i t shoul d be ascertai ned
whether there i s an% corres#ondi ng wi thdrawal from hi s bank account. "f
l oans are #artl % re#ai d b% the #ubl i c servant duri ng the check #eri od, the
amount of re,#a%ment shoul d be added to the e;#endi ture.
(h) " ncome f rom mi scel l aneous sources: Thi s i s a ver % i m#ort ant head
under whi ch t he accused of f i cer ma% cl ai m, among ot hers, recei #t of mone% cut
of ancest ral #ro#ert %, Joi nt #ro#ert % l i ke agri cul t ural l ands, et c. , or f rom hi s
f at her and dowr % or ot her si 2eabl e recei #t s f rom i n,l aws. These cl ai ms gi ve ri se
t o cont rovers% i n most cases and t heref ore, assume i m#ort ance f rom t he
i nvest i gat i on angl e. The l egal #osi t i on, no doubt , i s t hat such mat t ers are
wi t hi n t he #ersonal knowl edge of t he accused and t he onus l i es on hi m t o #rove
t hat t he mone%s had been recei ved and t he t ransact i ons were genui ne.
3;#eri ence has shown t hat i n most cases where bogus cl ai ms are made on t hi s
account , a l i t t l e care and vi gi l ance on t he #art of t he i nvest i gat i ng off i cer i s
enough t o di s#el and f al si f % t he st or% #ut f ort h b% t he accused of f i cer. 1uch
t ransact i ons, t heref ore, have t o be consi dered wi t h due ci rcums#ect i on and
have t o be acce#t ed onl % af t er t horough check and caref ul i nvest i gat i on.
130. " ncome f rom al l sources shoul d be t ot al l ed u# t o f i nd out t he t ot al
i ncome duri ng t he #eri od of check.
I TEMS OF E#PENDITURE:,
131. Thi s head i ncor#orat es al l t he normal e;#enses on mai nt enance
and ot her out goi ngs. 1ome of t he common i t ems of e;#enses and met hods of
t hei r veri f i cat i on are di scussed i n t he f ol l owi ng #aras: ,,,
54
(a) "nformati on regardi ng correct and u#,to,date
i ncome ta; #a%ments can be obtai ned from the #a% bi l l s of
1 3 ' & 3 T
the accused offi cer. "n case such an offi cer has been fi l i ng hi s i ncome,
ta; returns al so on account of hi s havi ng some other sources of i ncome or
for cl ai mi ng motor car or scooter rebate etc., the i nformati on of i ncome,
ta; #a%ments ma% be obtai ned from hi s i ncome,ta; assessment records.
(b) $rovi dent Bund 'ontri buti ons: The i nformati on regardi ng
contri buti ons to the #rovi dent fund can be obtai ned from the a##ro#ri ate
di sbursi ng authori ti es or the ccountant 4eneral . 7ormal l % these
contri buti ons are deducted before the sal ar% i s #ai d.
( c ) " nsurance $remi a (i ) " f #remi a f or cert ai n t %#es of i nsurance
#ol i ci es e. g. , $ost al Ei f e " nsurance et c. , are deduct ed f rom #a% bi l l s, t he
i nf ormat i on can be obt ai ned f rom t he di sbursi ng aut hori t i es. " n ot her cases, t he
i nf ormat i on regardi ng i nsurance #remi a can be col l ect ed f rom t he " nsurance
com#ani es concerned af t er obt ai ni ng t he f ul l #art i cul ars of i nsurance #ol i ci es,
et c. f rom t he accused off i cer.
(i i ) Aot h f or $rovi dent Bund cont ri but i ons and " nsurance #remi a, t he
best wa% t o get t he i nf ormat i on i n case of #ersons who regul arl % f i l e t hei r
i ncome, t a; ret urns i s t o e;ami ne t hei r " ncome,t a; assessment records. 1o
l ong as t he t ot al #a%ment (ual i f i es f or e;em#t i on under t he " ncome,t a; Eaw, an
of f i cer woul d cl ai m rebat e of i ncome,t a; on t he ent i re amount . 5hi l e doi ng so,
somet i mes t he " nsurance #ol i c% numbers, dat es of #ol i ci es and t he #eri odi cal
#remi a are al so ment i oned cl earl % i n t he i ncome,t a; assessment records. l l
t hi s i nf ormat i on can be usef ul l % ut i l i 2ed not onl % f or get t i ng i nf ormat i on about
t he t ot al #a%ment s made under t hese heads, but al so f or di scoveri ng some bank
account s of t he del i n(uent off i cer b% ascert ai ni ng f rom t he i nsurance com#ani es
concerned whet her t he #a%ment s were made b% che(ues or b% cash and i f b%
che(ues, b% t aki ng det ai l s t hereof i ncl udi ng t he names of banks.
55
(d) House rent s: The i nf ormat i on regardi ng house rent , i n case t he
accused of f i cer has been i n occu#at i on of 4ovt . accommodat i on, can be ascer,
t ai ned f rom t he di sbursi ng aut hori t i es because i n such cases t he house rent i s
1 3 ' & 3 T
normal l % deducted at source from the sal ar% before the #a%ment i s made.
5here, however, the rent i s #ai d to #ri vate owners of bui l di ngs, en(ui ri es
have to be conducted wi th the l and,l ords. "t i s necessar% to e;ami ne the
agreement deed (for tenanc%) and al so t he rent recei #t s. " n case t he
#a%ment s are st at ed t o have been made b% che(ues, t he bank account s wi l l
al so hel # t he i nvest i gat i ng of f i cer consi derabl %. 1ome t i mes en(ui ri es wi t h co,
t enant s ma% %i el d usef ul resul t s.
(e) 3l ect ri ci t % and wat er charges: The i nf ormat i on i n res#ect of
el ect ri ci t % and wat er charges can be obt ai ned f rom t he aut hori t i es whi ch su##l %
t hese servi ces, e. g, t he 3l ect ri ci t % De#art ment , 5at er 5orks and 8uni ci #al
aut hori t i es.
(f) 3;#endi t ure on educat i on of 'hi l dren: The i nvest i gat i ng of f i cer has
t o make i nt el l i gent en(ui ri es t o l ocat e t he i nst i t ut i ons t o whi ch t he chi l dren of
t he accused off i cer go f or educat i on. Brom t hese i nst i t ut i ons en(ui ri es can be
made regardi ng t he school f ees or ot her charges #ai d. " f an accused of f i cer i s
ent i t l ed t o rei mbursement , whet her whol l % or #art l %, of e;#enses on educat i on of
chi l dren accordi ng t o t he condi t i ons of hi s servi ce, t he i nf ormat i on regardi ng t he
act ual e;#endi t ure i ncurred coul d be obt ai ned f rom t he off i ci al records. 5hi l e
ascert ai ni ng t he e;#endi t ure on educat i on i t i s e(ual l % necessar% t o obt ai n t he
i nf ormat i on regardi ng e;#endi t ure on books, st at i oner%, #ri vat e coachi ng,
uni f orm wherever #rescri bed et c. , The boardi ng and l odgi ng e;#enses at t he
host el s must al so be t aken i nt o consi derat i on f or arri vi ng at a reasonabl e
est i mat es of e;#endi t ure on educat i on.
(g) 8ai ntenance of motor car or other conve%ance:
5here an accused offi cer owns a motor car or other modes of
conve%ance, the e;#endi ture on mai ntenance of such conve%ance has to
be esti mated kee#i ng i n vi ew the make, horse #ower, the %ear of
manufacture of the vehi cl e, etc. "f he #ossesses more than one
56
conve%ance, the i nformati on regardi ng al l of them must be obtai ned. The
e;#endi ture on #etrol , servi ci ng, etc., can be obtai ned from the servi ce
1 3 ' & 3 T
stati ons where the accused offi cer ordi nari l % goes for such servi ces. The
i nformati on regardi ng road ta;, re#ai rs, i nsurance, etc. can be obtai ned
from the authori ti es (or #ersons) to whom #a%ments were made. "n thi s
regard, cl ai ms of rebates b% the .9s. for e;#endi ture on own conve%ance
for #ur#oses of "ncome,ta; cal cul ati ons ma% al so have to be veri fi ed wi th
the versi on of the ccused 9ffi cer.
(h) 3;#enses on marri ages, etc: (i ) 3;#endi ture on marri ages of
the de#endants or on other rel i gi ous or soci al ceremoni es can be
a##ro;i matel % cal cul ated from the attendant ci rcumstances l i ke the offi ci al
and soci al status of the accused offi cer, hi s fami l % background, hi s
#ersonal habi ts, the status of the other #art % concerned (i n the case of
marri age), the ti me and #l ace where the functi on took #l ace. etc.
(i i ) " n case an accused off i cer gi ves some dowr % i n t he f orm of f i ;ed or
ot her de#osi t s, shares, securi t i es, et c. , i n t he marri age of hi s daught er, t he
i ncome, t a; assessment records of hi s daught er or t he son,i n,l aw are l i kel % t o
t hrow some usef ul l i ght on t he e;#endi t ure. gai n i f t he son,i n, l aw ha##ens t o
be i n 4ovt . 1ervi ce and he decl ares recei #t of such amount s under t he 'onduct
&ul es a##l i cabl e t o hi m, t he i nf ormat i on avai l abl e i n hi s decl arat i on ma% be
usef ul l % ut i l i 2ed.
(i ) $l easure t ri #s, et c: ,,,, The e;#endi t ure on #l easure t ri #s and
#i l gri mages et c. , i s l i kel % t o f orm a si 2eabl e #ort i on i f a #erson has been
regul arl % undert aki ng such t ri #s f or l ong durat i ons. 1o f ar as t he e;#endi t ure
on act ual f are i s concerned, i t can be est i mat ed at t he #revai l i ng rat es af t er
ascert ai ni ng t he mode and cl ass of t rans#ort act ual l % made use of . The
durat i on of t he t ri # and t he #l aces vi si t ed woul d al so hel # t o f orm a reasonabl e
est i mat e of t he e;#endi t ure. " n case of j ourne%s abroad, t he ent ri es i n hi s
#ass#ort woul d i ndi cat e t he #l aces act ual l % vi si t ed b% hi m.
57
(j ) 'l ub and entertai nment e;#enses: "t i s necessar%
to obtai n i nformati on regardi ng cl ubs or other i nsti tuti ons
1 3 ' & 3 T
of whi ch an accused offi cer i s a member. "nformati on regardi ng
membershi # fees #ai d and al so other e;#enses i ncurred ma% not be
di ffi cul t to ascertai n.
(k) 8edi cal and Travel l i ng 3;#enses: 5here the 8edi cal
e;#enses are rei mbursabl e, the amount of actual e;#endi ture i s l i kel % to
be more or l ess e(ual to the amount of rei mbursement. 9ut of travel l i ng
e;#enses, smal l fracti ons of savi ngs ma% be e;#ected, but so far as
rei mbursement of medi cal e;#enses i s concerned, the #re,condi ti on for
such rei mbursement i s that the enti re amount of e;#endi ture shown must
have been actual l % i ncurred. Therefore, there i s absol utel % no (uesti on of
an% savi ng out of these rei mbursements. "n case the accused offi cer
mai ntai ns a bank account, a careful scruti n% of the sai d account wi l l hel #
the "nvesti gati ng 9ffi cer to ascertai n the nature and amount of the actual
e;#endi ture under these heads.
(l ) Ei cence Bees, etc., $a%ments for the renewal of l i cences of
vari ous i tems l i ke radi o set, T.)., motor vehi cl e, dri vi ng l i cence, f i re arms,
et c. , ma% be ascert ai ned f rom t he concerned l i cenci ng aut hori t i es. 1omet i mes
t he i nf ormat i on regardi ng vari ous l i cence f ees #ai d b% an accused off i cer ma%
al so hel # t o ascert ai n t he asset s whi ch he #ossess and f or whi ch no i nf ormat i on
has al read% come t o t he not i ce of t he i nvest i gat i ng off i cer.
(m) Eosses sust ai ned i n di s#osal of sset s: " f t he accused off i cer
cl ai ms l oss i n cert ai n t ransact i ons of sal e of movabl e or i mmovabl e #ro#ert i es,
i t has t o be veri f i ed. 1uch a l oss wi l l const i t ut e a #art of t he t ot al e;#endi t ure
of t he off i cer.
(n) Househol d e;#endi t ure: (i ) The house hol d e;#enses
i ncl ude e;#enses on ki t chen, cl ot hes, servant s, washi ng,
smoki ng, dri nks, e;#endi t ure on rat i ons, groceri es, sugar, t ea, mi l k, bi scui t s,
58
bread, but t er, eggs, #oul t r%, f i sh, veget abl es, f rui t s, cooki ng oi l , gas,
fuel , news#a#ers and maga2i nes, e;#enses on hobbi es, etc. l l
these e;#enses are mostl % non,veri fi abl e, unl ess the #ubl i c servant has
1 3 ' & 3 T
ke#t a record of these e;#enses. "nformati on avai l abl e i n the Aureau of
3conomi cs and 1tati sti cs ma% be used i n esti mati ng e;#enses of the
accused offi cer. 3;#enses on i tems whi ch are not taken i nto account b%
the Aureau of 3conomi cs and 1tati sti cs, shoul d be se#aratel % determi ned.
(i i ) The e;#enses are l i kel % t o di f f er f rom i ndi vi dual t o i ndi vi dual
de#endi ng on hi s habi t s, #ersonal t ast es, val ues i n l i f e, f ami l %
background, et c. There wi l l be vari at i ons i n e;#enses f rom
t i me t o t i me de#endi ng on t he f ol l owi ng f act ors:,,
(a) 7umber of de#endant sG
(b) ge of de#endant sG
(c) 7umber of domest i c servant sG
(d) 7umber of guest s, recei ved and f re(uent l % t hereof G
(e) $l aces of #ost i ngG
(f ) Ei vi ng st andard of t he f ami l % and st %l e of l i vi ng:
(g) 8ai nt enance of #et sG
(h) 8ode of Travel l i ng, et c.
5hi l e est i mat i ng t he househol d e;#enses, al l t hese f act ors shoul d be
di scussed i n det ai l i n t he " nvest i gat i ng 9ff i cer J s &e#ort t o j ust i f % t he est i mat es.
" f t he $ubl i c 1ervant has gi ven a l ow est i mat e of e;#enses, t he reasons f or i t s
non,acce#t ance shoul d be di scussed i n t he re#ort .
(i i i ) The #eri od of check shoul d be sub,di vi ded i nt o smal l er #ort i ons f or
det ermi nat i on of e;#enses of t he #ubl i c servant duri ng such #eri ods. The
di vi si on i nt o t hese smal l er bl ock #eri ods ma% conf orm t o t he si 2e of t he f ami l %,
#romot i ons earned b% t he of f i cer and t he #l ace of hi s #ost i ngs, et c.
(o) 3;#enses deductabl e from rental i ncome:,,, "n com#uti ng
the rental i ncome, care shoul d be taken to veri f% the e;#enses
59
borne b% the #ubl i c servant i n res#ect of the #ro#ert % whi ch
%i el ds rental i ncome. The e;#enses normal l % borne b% the owner of the
i mmovabl e #ro#ert% are house ta; and other 8uni ci #al ta;es, amount
actual l % s#ent on re#ai rs, ground rent, i nterest #a%abl e on borrowi ngs i f
1 3 ' & 3 T
the #ro#ert% was ac(ui red, constructed, re#ai red wi th such l oans, l and
revenue and other 1tate 4overnment ta;es and col l ecti on charges actual l %
i ncurred for col l ecti ng rents from tenants. These shoul d be shown under
the head I 3;#ensesJ .
132. f t er arri vi ng at t he t ot al est i mat e of e;#endi t ure, t he " nvest i gat i ng
9ff i cer shoul d com#are i t wi t h t ot al i ncome of t he accused off i cer and i f i t i s
f ound t hat such e;#endi t ure i s l ess t han such i ncome, t he sco#e and
reasonabl e e;t ent of savi ng f rom such i ncome t hat t he accused off i cer coul d
have eff ect ed shoul d be e;ami ned. 5here i nvest i gat i on has reveal ed t hat t he
accused of f i cer coul d have ef f ect ed savi ngs f rom hi s net sal ar % af t er account i ng
f or hi s househol d e;#endi t ure, t he reasonabl e e;t ent of savi ng (f rom hi s net
sal ar % i ncome) t hat coul d be admi t t ed shoul d be subj ect general l % t o a
ma;i mum l i mi t of =:O. Thi s savi ng can be of l esser e;t ent , de#endi ng on
evi dence and ci rcumst ances of each case.

ASSETS
133. ssets mean the total val ue of the #ro#ert% both movabl e and
i mmovabl e, #ossessed b% the #ubl i c servant at the ti me of checki ng. The
determi nati on of assets hel d b% the #ubl i c servant i ncl udi ng the di scover%
of an% undi scl osed assets at the cl ose of the check #eri od, i s one of the
most i m#ortant #oi nts of i nvesti gati on i n a case of thi s nature. The
#rescri bed #roforma statements " to )" shoul d be obtai ned from the
accused offi cer through the concerned Head of the
De#artment@4overnment. 7o order under secti on -. 'r.$.'. shoul d be
served on the accused offi cer as i t i s unconsti tuti onal , bei ng i n vi ol ati on of
rti cl e *: (=) of the 'onsti tuti on of "ndi a.
IMMO$A%LE ASSETS&
60
134.The i mmovabl e assets i ncl ude houses, fl ats, house,si tes
agri cul tural and other l ands, etc. The #urchase #ri ce of agri cul tural l ands
or #l ots of l and or bui l di ngs #urchased can be #reci sel % determi ned wi th
1 3 ' & 3 T
reference to the regi strati on records, the stam# dut % #ai d and b%
e;ami nati on of the vendors of such #ro#ert %. ssets bel ongi ng to
de#endants of a 4overnment servant and those hel d i n benami names are
al so to be i ncl uded i n the total val ue of the assets. "n regard to
eval uati on of house #ro#ert%, val uati ons have to be got done b% the
De#ut % Di rector (3ngg), nti ,'orru#ti on Aureau, H%derabad, after
col l ecti ng i nformati on about %ear of constructi on, sancti oned #l an,
s#eci fi cati ons of constructi on etc., The De#ut % Di rector (3ngg), 'A, who
undertakes the eval uati on of such #ro#ert % must furni sh the data on the
basi s of whi ch the esti mate has been made as thi s i s often chal l enged b%
the #ubl i c servant who i n some cases ma% al so have got the #ro#ert%
eval uated through some #ri vate agenc% such as an a##roved val uer for
the #ur#ose of weal th,ta; returns etc.
89)AE3 113T1 F TH3"& )EHT"97 3T'.
135. " t i s nei t her #ossi bl e nor necessar% t o enumerat e t he vari ous ki nds
of movabl e asset s whi ch one can ac(ui re. The " nvest i gat i ng 9f f i cer woul d,
however, do wel l t o t ake st ock of such of t hem as are val uabl e or have been
obt ai ned surre#t i t i ousl %. The broad cat egori es of t hese asset s are i ndi cat ed
bel ow, and i nf ormat i on about t he same shoul d be col l ect ed b% re(uest i ng t he
com#et ent aut hori t i es t o cal l u#on t he del i n(uent of f i cer t o make a decl arat i on
under t he 'onduct &ul es a##l i cabl e t o t he #ubl i c servant : ,,,,
(a) Aal ances i n current accounts wi th Aanks.
(b) Aal ances i n savi ng accounts wi th Aanks.
( c ) Aal ances i n fi ;ed de#osi t accounts wi th Aanks.
(d) 'umul ati ve Time De#osi ts i n Aanks and $ost 9ffi ces.
(e) Aal ances i n $ost 9ffi ce 1avi ngs Aank ccounts.
61
(f) $ost 9ffi ce 'ash 'erti fi cates, 7ati onal 1avi ngs 'erti fi cates.
(g) 4overnment 1ecuri ti es,,,,,,1tate and 'entral .
(h) Treasur% Ai l l s and $ri 2e AondsM Hni t Trust.
1 3 ' & 3 T
(i ) Eoans of l ocal authori ti es.
(j ) dvances and l oans gi ven to debtors.
(k) De#osi ts wi th com#ani es, fi rms etc.
(l ) 1hares i n Joi nt 1tock 'om#ani es.
(m) Debentures of com#ani es.
(n) 'ash
(o) Aul l i on.
(#) 9rnaments, Jewel l er%, i ncl udi ng #earl s and #reci ous
stones.
(() Burni ture and car#ets etc.
(r) 'ars, 8otor,'%cl es, 1cooters, '%cl es etc.
(s) Tel evi si ons, &adi ogram, &adi o,set, 4rama#hone, i r,
condi ti oner, i r 'ool ers, Ta#e,recorders etc.
(t) 1ewi ng machi ne, washi ng machi nes, 4e%sers, cooki ng
range, mechani cal gadgets etc.
(u) 'ostl % i tems l i ke watches, #ens, decorati on #i eces, fi re,
arms etc.
(v) 'attl e,weal th, stud ani mal s, kennel etc.
.=?. The cost of ac(ui si ti on of those assets and not the #reval ent
#ri ce at the ti me of i nvesti gati on has to be taken i nto consi derati on.
careful scruti n% of the i ncome,ta; returns, weal th,ta; returns where these
have been fi l ed, ma% al so someti mes reveal useful l i nes of i nvesti gati on.
113T1 T TH3 A34"77"74 9B TH3 'H3'6 $3&"9D:
137. " f t he " nvest i gat i ng 9ff i cer has t aken a short er #eri od of
check t han t he ent i re #eri od of servi ce of t he #ubl i c servant and
i n cases where t he #ubl i c servant had asset s even whi l e j oi ni ng
servi ce, i t becomes necessar % t o det ermi ne, as #reci sel % as #ossi bl e,
t he t ot al val ue of t he asset s #ossessed b% t he accused offi cer
at the commencement of the check #eri od for deducti ng the same from the
total val ue of the assets whi ch the #ubl i c servant ma% be found i n
62
#ossessi on of at the end of the check #eri od i n order to determi ne
the total ac(ui si ti on of assets duri ng the #eri od of check. "t i s someti mes
1 3 ' & 3 T
noti ced that thi s i m#ortant as#ect i s not subj ected to a thorough
i nvesti gati on. "n thi s connecti on, i t has to be ke#t i n mi nd that duri ng hi s
e;ami nati on, the #ubl i c servant concerned ma% al so cl ai m to have been i n
#ossessi on of substanti al assets at the commencement of the check
#eri od, and i t i s the dut% of the "nvesti gati ng 9ffi cer to veri f % each such
cl ai m ver% thoroughl %.
E#AMI NATI ON OF %ANK ACCOUNTS&-
138. "t has been found from e;#eri ence that an i ntel l i gent scruti n%
of bank accounts i nvari abl % hel #s i n a number of wa%s. The credi ts i nto
the bank accounts com#ared wi th the known sources of i ncome woul d
i ndi cate whether there are doubtful de#osi ts cal l i ng for detai l ed
i nvesti gati on. The debi ts woul d gi ve i nformati on about i nvestment and
assets of the accused and al so the amount s#ent on house,hol d
e;#enses. "n a case of sudden accrual s and l arge de#osi ts found duri ng a
#arti cul ar #eri od, es#eci al l % corres#ondi ng to the #eri od duri ng whi ch the
accused offi cer was hol di ng a #ost where there are o##ortuni ti es of
corru#ti on, such sudden accrual s and l arge de#osi ts duri ng a short #eri od
shoul d al wa%s be s#eci al l % brought out and em#hasi 2ed duri ng the tri al or
i n the di sci #l i nar% #roceedi ngs, as the case ma% be.
E#AMI NATI ON OF THE PU%LIC SER$ANT:
139. "n an i nvesti gati on of a case of di s#ro#orti onate assets,
i t i s ver% necessar% that the #ubl i c servant concerned shoul d be
(uesti oned i n great detai l regardi ng hi s i ncome, e;#endi ture
and assets. 5herever necessar% the benefi t of doubt i n res#ect of cl ai ms
made b% the #ubl i c servant i n res#ect of certai n i tems of i ncome or
e;#endi ture shoul d be gi ven to the #ubl i c servant unl ess such cl ai ms can
be rebutted b% evi dence. "t i s not correct for the "nvesti gati ng 9ffi cer to
63
summari l % rej ect such cl ai ms of the #ubl i c servant. The #ubl i c servant
must be made to feel that the "nvesti gati ng 9ffi cer i s an;i ous to afford
1 3 ' & 3 T
hi m ful l o##ortuni t% to cl ear hi msel f of the al l egati ons under
i nvesti gati on.
COMPUTATI ON OF DISPROPORTI ON :

140. 9nce evi dence has been col l ect ed f rom al l t he known sources
about t he del i n(uent off i cer J s i ncome, e;#endi t ure and asset s, i t shoul d not be
di f f i cul t t o f i nd out whet her t he al l egat i on under en(ui r% has been brought home
agai nst hi m. The di f f erence bet ween hi s i ncome and e;#endi t ure cal cul at ed b%
t he el ement ar % ari t hmet i cal #rocess of deducat i on, shoul d be com#ared wi t h t he
asset s ac(ui red duri ng t he #eri od of check. " f t he l at t er e;ceeds t he l i kel %
savi ngs subst ant i al l %, a case i s made out and t he great er t he di s#ro#ort i on, t he
st ronger t he case. Aut t hi s essent i al l % #re,su##oses not onl % t hat no source of
i ncome, no head of e;#endi t ure and no vari et % of asset has been l ef t out of
account , but al so t hat i ncome, e;#endi t ure and asset s have been est i mat ed as
accurat el % as #ossi bl e.
141. The cru; of the case wi l l de#end u#on the com#ari son bet ween
assets and l i kel % savi ngs. 5hi l e maki ng thi s com#ari son, i t shoul d not be
overl ooked that there i s sco#e for argument on certai n i tems of
e;#endi ture, e.g., e;#enses on marri ages etc. 9n al l such arguabl e
i tems, the benefi t must be gi ven to the 4overnment 1ervant concerned
unl ess cl ear and defi ni te #roof i s avai l abl e agai nst hi m. "n vi ew of thi s
and i n vi ew of the di ffi cul t% i n cal cul ati ng i ncome and e;#endi ture
absol utel % and accuratel %, the case wi l l not be good i f the assets are
e(ual to or even a l i ttl e more than the l i kel % savi ngs. The #ossi bi l i t % of a
good case ari ses onl % i f the assets are consi derabl % more than the l i kel %
savi ngs and are thus obvi ousl % di s#ro#orti onate. "n such cases there wi l l
be need for further and more detai l ed scruti n% and check. t thi s stage the
4overnment servant concerned shoul d be #arti cul arl % asked to e;#l ai n as
64
to how he got the di s#ro#orti onate or e;cessi ve assets, i .e., those
whi ch cannot be e;#l ai ned b% the l i kel % savi ngs. "f he cannot gi ve a
1 3 ' & 3 T
sati sfactor% e;#l anati on, he woul d obvi ousl % be l i abl e for a charge of
#ossessi ng assets di s#ro#orti onate to hi s known sources of i ncome.
142. 5here after a detai l ed i nvesti gati on@en(ui r%, i t a##ears that
the evi dence i s not suffi ci entl % strong or cl i nchi ng to j usti f % #rosecuti on of
the #ubl i c servant under secti on > (*) of the $reventi on of 'orru#ti on ct,
the #ubl i c servant can be deal t wi th de#artmental l % on a charge of
vi ol ati on of 'onduct &ul es on the ground that the #ossessi on of
di s#ro#orti onate assets i s a suffi ci ent basi s to al l ege that the #ubl i c
servant concerned has not mai ntai ned absol ute i ntegri t%.
143. 5hi l e i nvesti gati ng a case of thi s nature, the "nvesti gati ng
9ffi cer woul d al so fi nd out whether the 'onduct &ul es i n force, current or
duri ng the materi al ti me, have been otherwi se contravened, for e;am#l e
whether the del i n(uent offi cer has been deri vi ng i ncome from sources
suggesti ve of the i nference that he has been i ndul gi ng i n busi ness or
whether he had ac(ui red @di s#osed of assets wi thout obtai ni ng #ri or
#ermi ssi on or gi vi ng i nti mati on to the com#etent authori ti es as the case
ma% be, or whether he had ac(ui red assets b% corru#t or i l l egal means.
1#eci fi c cases of such mi sconduct have to be brought out i n the course of
en(ui ri es.
65
1 3 ' & 3 T
CHAPTER-I#
PLAN OF ACTI ON' CASE DI ARIES AND PROGRESS REPORTS
144. ccordi ng to the 1tandi ng "nstructi ons, Di screet
3n(ui ri es, &egul ar 3n(ui ri es and i nvesti gati on of &egi stered 'ases
shoul d be com#l eted wi thi n * months, four months and si ; months
res#ecti vel %.
.0>. There i s no need to send $rogress &e#orts i n Di s,creet
3n(ui ri es.
.0?. $l an of cti on shoul d be submi tted to the Head 9ffi ce b%
the "nvesti gati ng 9ffi cer i n ever% &egul ar 3n(ui r% and &egi stered case
wi thi n .> da%s of taki ng u# en(ui r% or regi strati on of a case as the case
ma% be. $l an of cti on shoul d be #re#ared i n res#ect of the al l egati ons
under en(ui r%M i nvesti gati on. The rel evant records to be obtai ned and
scruti ni 2ed and wi tnesses to be e;ami ned under each al l egati on have to
be menti oned cl earl % and not i n a general manner. "t i s necessar% to get
the $l an of cti on scruti ni 2ed b% a Eegal 9ffi cer of the nti ,'orru#ti on
Aureau for the #ur#ose of consul tati on duri ng en(ui r%M i nvesti gati on. "n
engi neeri ng cases, the De#ut% Di rector (3ngi neeri ng) shoul d #eruse the
#l an of acti on and offer hi s comments.
147. The $l an of cti on shoul d be i n the fol l owi ng #roforma:,
K PLAN OF ACTI ON IN REGULAR EN(UIR)* REGISTERED CASE
+I TH THE INSPECTOR' OF POLICE A. C.%.-----------------------------------,.
66
'ase 7o. and Date: &c.7o.
Dated.
7ame and desi gnati on of the
.9 (s).
1 3 ' & 3 T
l l egati on 7o. .: i s that 1ri
9ral 3vi dence (5i tnesses to be e;ami ned) :,,,,
..
*.
Documentar% 3vi dence (To be col l ected F scruti ni 2ed) :
..
*.
=.
l l egati on 7o.*: i s that 1ri
9ral 3vi dence:
..
*.
CASE DI ARIES:
148. 3ver% 9ffi cer maki ng an i nvesti gati on shal l mai ntai n a
record of i nvesti gati on done on each da%. The record of i nvesti gati on i n
the form of a 'ase Di ar% shal l contai n detai l s of the ti me at whi ch the
i nformati on reached the "nvesti gati ng 9ffi cer, the ti me at whi ch he began
and cl osed hi s i nvesti gati on, the #l ace or #l aces vi si ted b% hi m and a
statement of the ci rcumstances ascertai ned through hi s i nvesti gati on. The
'ase Di ari es shal l be as bri ef as #ossi bl e and onl % such i nci dents of
i nvesti gati on shal l be i ncl uded whi ch have a beari ng on the case.
149. l l 'ase Di ari es #re#ared i n a case shoul d bear a
consecuti ve number and shal l be dated. There shal l be a se#arate case
di ar% for each date, for each case.
.>:. "nvesti gati ng 9ffi cer shoul d submi t thei r case
di ari es on ever% da% of the i nvesti gati on to the &ange De#ut %
1u#eri ntendent of $ol i ce concerned who i n turn wi l l submi t them to the
Head 9ffi ce through the concerned Joi nt Di rector. The case di ari es
67
shoul d be stam#ed wi th date rubber stam# as soon as the% are recei ved i n
the Head 9ffi ce. The De#ut % 1u#eri ntendent of $ol i ce and Joi nt Di rector
shoul d i ssue necessar% i nstructi ons to the i nvesti gati ng offi cer wherever
necessar%.
1 3 ' & 3 T
151. 4i st of statements of wi tnesses recorded under secti on
.?* 'r.$.'. wi l l be i ncor#orated i n the case di ari es. The statements
themsel ves wi l l be recorded on se#arate sheets of #a#er and encl osed to
the case di ar%.
152. n u#,to,date record of the #rogress made i n the cases at the
#ost i nvesti gati on stages al so shoul d be avai l abl e i n the case di ar% fi l e
i tsel f. There i s no obj ecti on i f thi s record i s mai ntai ned on the case di ar%
forms and ke#t i n the 'ase Di ar% fi l e. 'ase di ari es coveri ng the stages
after com#l eti on of fi el d i nvesti gati on shoul d onl % record the actual
#rogress made i n the case. 9#i ni ons of Eaw 9ffi cers or other 9ffi cers
shoul d not be re#roduced i n case di ari es. The fi nal deci si on taken i n the
case after i nvesti gati on shoul d of course be recorded.
.>=. 'ase di ari es i ssued b% t he " nvest i gat i ng 9ff i cer duri ng t he
#endenc% of t he case i n court t ri al M de#art ment al act i onM T.D. $., en(ui r % shoul d
be i n addi t i on t o t he court di ari es@ #rogress re#ort s re(ui red t o be submi t t ed b%
$rosecut ors@ $resent i ng@ " nvest i gat i ng 9f f i cers i n cases whi ch are #edi ng t ri al M
de#art ment al act i on.
154. "n cases where i t has been deci ded not to #rosecute an%
#erson but to refer the case for T.D.$M De#artmental acti on or to dro#
further acti on, as soon as 4overnmentJ s deci si on i s communi cated to
Head 9ffi ce, the &ange D%. 1u#dt. of $ol i ce concerned wi l l be i nformed of
the same b% the Head 9ffi ce and then a re#ort under secti on .+= 'r.$.'.
shoul d be submi tted b% the ".9. concerned to the 1#eci al 'ourt concerned
stati ng that the case has been cl osed for want of ade(uate evi dence or
68
that i n vi ew of the evi dence on record, di sci #l i nar% #roceedi ngs have been
recommended agai nst the accused offi cer.
155. bout the di s#osal of the case #ro#ert %
sei 2ed duri ng i nvesti gati on, i t shoul d be re#orted to the
'ourt that the i nvesti gati ng agenc% ma% be #ermi tted to
di s#ose of the case #ro#ert % after such T.D.$. en(ui r%M de#artmental
1 3 ' & 3 T

acti on i s over as such case #ro#erti es ma% be re(ui red to be #roduced
duri ng such di sci #l i nar% #roceedi ngs. The 'ourt has the di screti on to
#ass a##ro#ri ate orders under secti on 0>+ 'r.$.'.
PROGRESS REPORTS:
156. 8onthl % $rogress &e#orts shoul d be sent to the Head offi ce i n
al l &egul ar 3n(ui ri es and &egi stered 'ases, showi ng the #rogress made
i n each &egul ar 3n(ui r% and &egi stered 'ase.
157. l l $rogress &e#orts shoul d be dated the fi rst of each month
and shoul d be di s#atched on the same date wi thout fai l , so as to reach the
&ange 9ffi ce on *
nd
or =
r d
of ever% month.
158. The% shoul d i nturn be submi tted b% the &ange D%. 1u#dt. of
$ol i ce to the concerned Joi nt Di rector wi th hi s remarks.
159. "f the i nvesti gati onM en(ui r% has not been com#l eted wi thi n si ;
months i n a regi stered case and wi thi n 0 months i n a regul ar en(ui r%, the
reasons thereof shoul d be menti oned stati ng what remai ns to be done and
the ste#s taken to avoi d further del a%.
160. The $rogress &e#orts shoul d be so #re#ared as to gi ve a
cl ear, connected and conti nuous #i cture of the $rogress of en(ui r%
@i nvesti gati on and #arti cul arl % of the nature of evi dence col l ected. 5hen,
ever fresh al l egati ons ari se or i nvol vement of some more #ubl i c servants
come to l i ght duri ng the en(ui r% i nvesti gati on, these shoul d be s#eci fi cal l %
menti oned i n the #rogress &e#orts. 7ames of wi tnesses e;ami ned and
69
documents sei 2ed or col l ected shoul d be seri al l % numbered i n the
#rogress &e#orts menti oni ng the bri ef facts reveal ed b% e;ami nati on of
wi tnesses and scruti n% of records. 7ames of wi tnesses e;ami ned and
documents sei 2ed shoul d be seri al l % numbered i n the #rogress
&e#orts as $.5.., $.5.* etc. "f one more wi tness i s e;ami ned i n the
1 3 ' & 3 T
ne;t #rogress &e#ort, he ne;t #rogress &e#orts, he shoul d be numbered
as $.5.=. 1i mi l arl % documents sei 2ed shoul d al so be numbered and l i sted
as e;hi bi t , A, ', etc. The D.1.$., concerned and Joi nt Di rector shoul d
suggest or gi ve i nstructi ons to the ".9. , to i m#rove or e;#edi te the
en(ui ri es. The $rogress &e#orts shoul d be so #re#ared that there i s
suffi ci ent evi dence of a##l i cati on of mi nd on the #art of the su#ervi sor%
offi cers, as for i nstance i n moni tori ng the i m#l ementati on of the #l an of
acti on b% the "nvesti gati ng 9ffi cer. #rogress &e#ort shoul d gi ve as
e;act an i dea as #ossi bl e to the Head 9ffi ce about the facts found and the
evi dence col l ected concerni ng the al l egati ons agai nst the sus#ected
#erson enabl i ng them to see on what l i nes the en(ui r%M i nvesti gati on wi l l
be conducted further and what remai ns to be done to com#l ete the en(ur%M
i nvesti gati on.
161. The $rogress &e#ort must s#eci fi cal l % menti on (") the number of
al l egati ons, of whi ch how man% are com#l eted and how man% are %et to be
com#l etedG (*) the total number of wi tnesses to be e;ami ned i n the
en(ui r% under each al l egati on, of whi ch, how man% are e;ami ned and %et
to be e;ami nedG (=) total number of documents to be col l ected and %et to
be col l ectedG (0) reasons for del a% i .e. whether the del a% i s due to non,co,
o#erati on of the .9., for e;ami nati on of wi tnessesM non,avai l abi l i t % of
wi t nessesM non, recei #t of records et c. " f t he del a% i s due t o non,recei #t of
records t he I . O- or must s#eci f i cal l % ment i on t he ef f ort s made b% t hem so as t o
enabl e t he Head 9ff i ce t o bri ng i t t o t he not i ce of t he a##ro#ri at e aut hori t %
These re#ort s shoul d be wri t t en as f ar as #ossi bl e under t he se#arat e heads of
al l egat i ons cont ai ned i n t he B." . &. The al l egat i ons shoul d al so be seri al l %
70
numbered and t hese numbers shoul d be adhered t o t hroughout t he course of
i nvest i gat i on. The al l egat i ons must be ment i oned i n cl ear and s#eci f i c l anguage
wi t hout l egal t ri mmi ngs et c. The $rogress &e#ort shoul d i ndi cat e t he #rogress
of i nvest i gat i on al l egat i on, wi se. Hnder each al l egat i on, t he #oi nt s f rom t he
st at ement s of vari ous wi t nesses rel evant t o i t or the l i ght thrown on i t b% the
1 3 ' & 3 T
e;ami nati on of documents shoul d be menti oned. Thi s wi l l re(ui re some
care on the #art of the offi cer. )erbati m statements and ful l detai l s of
documents need not be furni shed.
162. " t i s not necessar% t o re#eat , al l t he al l egat i ons i n det ai l i n each
$rogress &e#ort . 9nl % gi st of t he al l egat i ons need t o be ment i oned.
163. 5hen t he o#i ni on of t he 4overnment 3;ami ner i n Puest i oned
Document s (Handwri t i ng 3;#ert ) or some ot her Techni cal e;#ert i s recei ved, t he
$rogress &e#ort shoul d gi ve t he gi st of t hat o#i ni on. 5hen document s are
e;ami ned, t he resul t of e;ami nat i on of document s shoul d be not ed bri ef l %.
.?0. " f t he f i nal re#ort recei ved i s ret urned f or maki ng f urt her en(ui ri es
on cert ai n #oi nt s and submi ssi on of a revi sed f i nal re#ort , or f urt her re#ort , t he
3n(ui ri ng 9f f i cer@ " nvest i gat i ng 9ff i cer shoul d cont i nue t o send #rogress re#ort s
t i l l en(ui ri es@ i nvest i gat i ons are com#l et e i n al l res#ect s.
165. The 8ont hl % $rogress &e#ort s shoul d reach t he Head 9f f i ce i n
du#l i cat e bef ore t he >
t h
of ever% mont h wi t hout f ai l i n t he #rof orma ment i oned
bel ow: , ,,
$&9B9&8
$&94&311 &3$9&T 9B TH3 DQ,. 1H$DT. 9B $9E" '3@ " 71$3'T9&,
'ARRRRRR. B9& , ,,, ,,, ,,, ,,, ,,, ,,, ,,.- K
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
.. 'ase 7o. Dat e of &egi st rat i on.
*. 7ame and desi gnat i on
of t he accused of f i cer.
=. l l egat i ons. (Det ai l s of al l egat i ons shoul d be ment i oned
i n t he f i rst $rogress &e#ort and i n t he
subse(uent $rogress &e#ort s, onl % 7o.
and gi st of t he al l egat i ons need t o be
ment i oned. )
71
0. 7o of wi t nesses
e;ami ned.
>. 7o. of document s
secured.
?. $rogress i n t he case. (5hat has t o be done, what has been
Done so f ar and what remai ns t o be
done t o be ment i oned. )
1i gnat ure and desi gnat i on of
9f t he 9f f i cer.

1 3 ' & 3 T
166. The $rogress &e#orts shoul d reach the concerned Joi nt
Di rectors i n name covers i n du#l i cate. The ori gi nal $rogress &e#orts wi th
the remarks of the Joi nt Di rector wi l l be returned to the De#ut%
1u#eri ntendents of $ol i ce for the #ur#ose of carr%i ng out i nstructi ons.
The du#l i cate co#i es of the $rogress &e#orts i ncor#orati ng the remarks of
the Joi nt Di rectors wi l l be sent to the 1.A. 1ecti on for taki ng further acti on
i n the matter.
72
1 3 ' & 3 T
73
CHAPTER-#
ARRESTS' SEARCHES AND SEI.URES
& & 3 1 T 1:
167. 1ecti on 0. of the 'ode of 'ri mi nal $rocedure em#owers an%
$ol i ce 9ffi cer, to arrest wi thout warrant, an% #erson who has been
concerned i n an% cogni 2abl e offence or agai nst whom a reasonabl e
sus#i ci on e;i sts of hi s havi ng been so concerned. The #ower of arrest
gi ven i n thi s secti on i s, however, di screti onar% and not obl i gator%.
168. $ol i ce 9ffi cer ma% al so a##l % to a 8agi strate for a warrant or
summons before maki ng the arrest.
169. $ubl i c 1ervants shoul d be #l aced under arrest onl % when i t
becomes necessar% to do so i n the i nterest of i nvesti gati on or to sati sf %
the re(ui rements of l aw or to #revent the accused from abscondi ng or
after a deci si on has been taken to l aunch a #rosecuti on and necessar%
sancti on for i t has been obtai ned. "nvesti gati ng 9ffi cers shoul d, wherever
#ossi bl e, obtai n the concurrence of the Di rector, nti ,'orru#ti on Aureau
before maki ng such arrests. The "nvesti gati ng 9ffi cers shoul d use utmost
care and di screti on i n deci di ng to make such arrest so that undue #ubl i ci t %
and embarrassment are avoi ded.
170. "n effecti ng the arrest of a $ubl i c 1ervant, #ro#er ste#s shoul d
be taken to see that work i s not unnecessari l % di sl ocated. 5henever
#ossi bl e, ti mel % i nformati on shoul d be conve%ed secretl % to the authori t%
to whom such #ubl i c servant i s subordi nate, regardi ng the i ntenti on of the
74
"nvesti gati ng 9ffi cer to arrest the #ubl i c servant concerned so that the%
mi ght make sui tabl e arrangements to rel i eve such #ubl i c servant after he
i s arrested."n e;ce#ti onal cases i t ma% be necessar% to arrest the accused
#ubl i c servant i mmedi atel % and the "nvesti gati ng 9ffi cer ma% not
1 3 ' & 3 T

be i n a #osi ti on to gi ve #ri or i nti mati on to the authori ti es concerned. "n
such cases i mmedi ate i nformati on of the arrest shoul d be gi ven to the
authori t % concerned and a re#ort shoul d be sent to the Head 9ffi ce b% the
ne;t #ost #rovi ded the accused i s rel eased on bai l or on #ersonal bond.
172. Hnder 1ecti on >/ 'r.$.'. of .-+=, al l arrests b% a 5oman and
shal l i n al l cases be conducted wi th due regard to decenc%.
.+*. Hnder secti on >/ 'r.$.'. of .-+=, al l arrests wi thout 5arrants
made b% the "nvesti gati ng 9ffi cers shal l be re#orted to the concerned
1#eci al Judge for 1.$.3. and 'A cases, i n the #rescri bed form.
173. 5hen an arrested #erson accused of a bai l abl e offence can gi ve
good and suffi ci ent bai l , i t shal l be acce#ted and he shal l be rel eased
from custod%.
SEARCHES AND SEI.URES
174. "f an "nvesti gati ng 9ffi cer consi ders the #roducti on of an%
#arti cul ar document or thi ng whi ch i s known or bel i eved to be i n the
#ossessi on of a #erson, other than an accused, necessar% or desi rabl e for
the #ur#ose of i nvesti gati on, he ma% i ssue a wri t ten order for i ts
#roducti on under 1ecti on -. 'r.$.'.
175. "f the document or the thi ng i s l i kel % to be found at
a #l ace wi thi n the terri tori al j uri sdi cti on of the area of whi ch he
i s i ncharge and i f the "nvesti gati ng 9ffi cer has reason to bel i eve
75
that such document or thi ng cannot otherwi se be obtai ned wi thout
undue del a%, such offi cer ma%, after recordi ng i n wri ti ng the grounds of
hi s bel i ef and s#eci f %i ng i n such wri ti ng so far as #ossi bl e the thi ng or
document for whi ch search i s to be made, search or cause search to be
made for such document or thi ng. The search shal l , i f #racti cabl e, be
made b% the offi cer hi msel f but i f he i s unabl e to conduct the search
i n #erson, he ma%, after recordi ng i n wri ti ng reasons for so doi ng,
1 3 ' & 3 T
re(ui re a subordi nate offi cer b% an order i n wri ti ng to make the search.
1uch order shal l s#eci f % the #l aces to be searched and as far as #ossi bl e
the thi ng or document for whi ch search i s to be made 1ecti on .?> 'r.$.'.
gi ves #owers to "nvesti gati ng 9ffi cers for such searches. record of
these searches shal l be made i n a $anchanama and a co#% shal l be sent
to the 8agi strate or 1#eci al Judge em#owered to take cogni 2ance of the
offence.
176. Hnder secti on .?? 'r.$.'. an "nvesti gati ng 9ffi cer ma% re(ui re
an offi cer i n charge of another $ol i ce 1tati on to search for an% document
or thi ng i f he has reason to bel i eve that the document or thi ng cannot
otherwi se be obtai ned wi thout undue del a% or ma% search hi msel f i f he
thi nks that the del a% occasi oned b% addressi ng the offi cer i ncharge of
another $ol i ce 1tati on i n whose j uri sdi cti on the document or the thi ng i s
bel i eved to be, mi ght resul t i n i ts bei ng conceal ed or destro%ed. "n ei ther
case, the offi cer conducti ng the search shal l #roceed accordi ng to the
#rovi si ons of secti on .?> 'r.$.'.
177. " n ever% case i n whi ch t he " nvest i gat i ng 9f f i cer desi res t o search a
house or #l ace, he shoul d submi t a re#ort t o t he Di rect or, nt i , 'orru#t i on
Aureau showi ng reasons f or t he same. House 1earch must not be made
unl ess t here i s def i ni t e reason t o bel i eve t hat cert ai n s#eci f i c t hi ngs or
document s rel at i ng t o t he i nvest i gat i on wi l l be f ound. The #ract i ce of searchi ng
houses f or t he off ,chance t hat somet hi ng ma% be f ound whi ch ma% be of i nt erest
t o t he i nvest i gat i on i s not onl % i ncorrect but al so undesi rabl e.
76
178. l though the l aw does not re(ui re that searches shoul d be
made b% da%,l i ght, searches after dark shoul d as far as #ossi bl e, be
avoi ded. "n such cases #recauti ons shoul d be taken to see that arti cl es of
evi denti ar% val ue for whi ch search i s to be made are not destro%ed or
tam#ered wi th.
179. "nvesti gati ng 9ffi cers ma% conduct searches, as
authori 2ed b% l aw, but i n al l i m#ortant and seri ous cases
1 3 ' & 3 T

i t woul d be advi sabl e to obtai n warrants for searches from the 1#eci al
Judge for 1$3 and 'A 'ases.
./:. The "nvesti gati ng 9ffi cer i s em#owered to re(ui re i n wri ti ng the
attendance of #ersons to wi tness the search. &efusal to obe% such order
i s #uni shabl e under secti on ./+ "$'. The occu#ant of the house or some
#erson on hi s behal f shoul d be #ermi tted to be #resent duri ng the search
and before enteri ng the house, the "nvesti gati ng 9ffi cer and the wi tnesses
shoul d submi t thei r #ersons for bei ng searched. 7o other #erson shoul d
be #ermi tted to enter or a##roach the house.
181. Eegal l % i t i s not necessar% for the "nvesti gati ng 9ffi cer to
obtai n the consent of the Head of the De#artment or of the 9ffi ce
concerned before maki ng a search of the #remi ses of an offi cer worki ng
under hi m. The "nvesti gati ng 9ffi cer shoul d, however, i nform hi m as soon
as #ossi bl e after the search has been conducted.
18*. sei 2ure 8emo, of the arti cl es or documents sei 2ed i n the
course of search and of the #l aces where the% were found shal l be
#re#ared i n tri #l i cate b% carbon #rocess b% the "nvesti gati ng 9ffi cer on the
s#ot. The ori gi nal as wel l as the carbon co#i es shal l be si gned b% the
offi cer conducti ng the search and the wi tnesses. The sei 2ure memo
shoul d al wa%s be #re#ared under the a##ro#ri ate #rovi si ons of l aw, i .e.
secti ons >., .:: (0, >, ?, +, /), .?>, .??, 0:* 'r.$.'. .-+= as the case
ma% be. The sei 2ure memo shoul d not bear the si gnature of the accused.
9ne co#% of the memo wi l l be i mmedi atel % del i vered to the #erson whose
77
#l ace was searched (whether accused or not) or to hi s agent and a recei #t
obtai ned i n the fol l owi ng form:,,,,
K &ecei ved a co#% of thi s sei 2ure memo.
1i gnature of the House,owner,
gent or 9ccu#ant,
Date and ti me.L
1 3 ' & 3 T
./=. co#% of the sei 2ure memo shal l be sent to the 8agi strate
havi ng j uri sdi cti on as re(ui red under secti on 0>+ 'r.$.'. The ori gi nal
memo wi l l be retai ned b% the "nvesti gati ng 9ffi cer i n the case di ar%.
./0. The 9ffi cer conducti ng the search must i nsi st on the
wi tnesses bei ng #resent wi th hi m throughout the search and when an
arti cl e or document i s di scovered, attenti on of the wi tnesses shoul d be
cal l ed to al l ci rcumstances rel ati ng to i t.
./>. "f i ncri mi nati ng documents or arti cl es re(ui red for the #ur#ose
of i nvesti gati on are sus#ected to be ke#t i n vari ous #l aces, si mul taneous
searches ma% be conducted to sei 2e them. The "nvesti gati ng 9ffi cer
shoul d #ro#erl % #l an and e;ecute these searches to #recl ude, the danger
of the documents or arti cl es bei ng secreted, done awa% wi th or muti l ated.
./?. The #rocedure #rescri be i n secti on -* 'r.$.'. must be
fol l owed, i f the #roducti on of l etters, #ost,cards, #arcel s, tel egra#hs or
other documents or thi ngs i n the custod% of the $ostal or Tel egra#h
authori ti es i s consi dered necessar% 9rdi nar% records mai ntai ned i n a #ost
offi ce and i nformati on avai l abl e i n them shal l be gi ven on the wri t ten order
of the "nvesti gati ng 9ffi cer.
./+. The Di rector, nti ,'orru#ti on Aureau, and hi s subordi nate
offi cers are authroi sed to i ns#ect offi ci al or secret records at al l stages of
the i nvesti gati on. The% can, therefore, have access to al l offi ci al records
re(ui red b% them for the #ur#ose of i nvesti gati on or for #roducti on i n
courts.
78
.//. "t i s #ermi ssi bl e under the "ncome,ta; ct .-?., subj ect
to the #rovi si on of an% noti fi cati on i ssued under secti on .=/ (*)
of the ct, to obtai n an% i nformati on of the assessment
of an% assessment and al so ask for the i ns#ecti on of assessment
records or an% other i nformati on contai ned therei n ei ther b% maki ng an
a##l i cati on under secti on .=/ (.) of the ct, or b% sendi ng a re(ui si ti on
1 3 ' & 3 T
under secti on -. 'r.$.'. or from an% l i st of assessees #ubl i shed b% the
'entral 4overnment under secti on ./+ of "ncome,Ta; ct. However, i n
vi ew of the ver% l arge number of assessees, the 8i ni str% of Bi nance do not
#ro#ose to #ubl i sh assessment fi gures i n al l cases #arti cul arl % as the
assessments woul d be i n the names of i ndi vi dual s. Thi s l atter source of
i nformati on woul d not, therefore, ordi nari l % be avai l abl e. 1o far as
"nvesti gati ng 9ffi cers are concerned, the% shoul d obtai n the re(ui si te
i nformati on, as a rul e, b% sendi ng a re(ui si ti on under secti on -. 'r.$.'.
i nstead of maki ng an a##l i cati on under secti on .=/ (.) of the "ncome,Ta;
ct, .-?..
./-. "t shoul d be consi dered as suffi ci ent com#l i ance of an order
under secti on -. 'r.$.'. b% Aanks or $ubl i c 9ffi ces i f the re(ui red
documents or books are shown or #roduced at the Aank #remi ses or i n
$ubl i c 9ffi ces as the case ma% be. "nvesti gati ng 9ffi cers shoul d not i nsi st
on an offi cer of the Aank attendi ng and #roduci ng the records at an% #l ace
other than the Aank #remi ses.
.-:. Hnder secti on >, (*) of the $reventi on or 'orru#ti on ct,
certi fi ed co#i es of the rel evant entri es rel ati ng to the accounts i n the
AankerJ s Aooks of an% #erson sus#ected to have commi tted an% offence
under secti ons .?., .?>, .?>, "$', or secti on > of the $reventi on of
'orru#ti on ct, .-0+, or of an% other #erson sus#ected to be hol di ng
mone% on behal f of such #erson can be taken or caused to be taken and
the bank concerned i s bound to assi st i n the e;erci se of these #owers.
These #owers can, however, be e;erci sed onl % b% a $ol i ce 9ffi cer
em#owered to i nvesti gate under sub,secti on (.) of 1ecti on >, of the
79
$reventi on of 'orru#ti on ct .-0+, #rovi ded that i t shal l not be e;erci sed
b% a $ol i ce 9ffi cer bel ow the rank of a 1u#eri ntendent of $ol i ce, unl ess
he i s es#eci al l % authroi sed i n thi s behal f b% a $ol i ce 9ffi cer of or above
the rank of a 1u#eri ntendent of $ol i ce.
1 3 ' & 3 T
.-.. 5hi l e e;erci si ng the #owers under secti on -. 'r.$.'. or whi l e
taki ng #ossessi on of documents, records etc,. re(ui red for the
i nvesti gati on, the "nvesti gati ng 9ffi cer must be careful not to act i n a
manner whi ch ma% cause unnecessar% hardshi # or di sl ocati on of work
res#ecti vel % to the #ersons of offi ces concerned.
.-*. "n al l cases where an% records or arti cl es are taken i nto
#ossessi on duri ng the course of "nvesti gati on wi thout formal search, a
#ro#er recover% memo i n the #rescri bed form attested b% two res#ectabl e
wi tnesses and the #erson from whom the records or arti cl es are taken
#ossessi on of, shoul d i nvari abl % be #re#ared on the s#ot and each of the
documents or arti cl es shoul d, as far as #ossi bl e, be got i ni ti al l ed and
numbered b% the #ersons #roduci ng i t as al so wi tnesses to #recl ude an%
changes or substi tuti on. l l records and #ro#ert % sei 2ed duri ng
i nvesti gati on must be forthwi th de#osi ted i n the 1#eci al 'ourt concerned
and i f the% are re(ui red b% the ".9. for #ur#ose of i nvesti gati on, the% ma%
be taken back tem#orari l % ti l l the #ur#ose i s over. l l #ro#erti es sei 2ed
duri ng i nvesti gati on under the #rovi si ons of the 'r.$.'. shoul d i nvari abl %
be forwarded to the 'ourt H@s 0>. 'r.$.'. for custod% duri ng the #endenc%
of the case. 7o case #ro#ert% shoul d be retai ned b% the "nvesti gati ng
9ffi cer after the tri al of the case has been ordered b% the court of
com#etent j uri sdi cti on.
.-=. "f the #ro#ert% has to be #roduced i n the tri al of a case other
than the one i n whi ch i t i s ori gi nal l % sei 2ed, i t shoul d be routed through
the court concerned wi th the fi rst case. cl ear re(uest shoul d be made
to the second court, to return the #ro#ert% to the former as soon as the
tri al i n the earl i er case i s over and that i t shoul d not be di s#osed
80
of i n an% other manner. "f necessar%, t wo, otherwi se at l east one set of
$hotostat co#i es or of certi fi ed co#i es (i n the case of
documents) shoul d be retai ned wi th he court wi thi n the j uri sdi ct i on
1 3 ' & 3 T

of whi ch the #ro#ert % i s ori gi nal l % sei 2ed. That wi l l enabl e secondar%
evi dence to be #roduced i n the event of l oss of #ri mar% evi dence.
.-0. The di s#osal of #ro#ert% to #arti es concerned shoul d be done
through #ro#er i nvoi ces wi th su##orti ng entri es i n the .'.A. record.
$ro#erti es rel ati ng to cases recommended to the De#artment concerned
that ste#s wi l l be taken for the di s#osal of such #ro#ert % on confi rmati on
that no de#artmental acti on i s bei ng taken b% the De#artment. s regards
#ro#ert % rel ati ng to di sci #l i nar% cases i n whi ch #uni shment i m#osed i s
regarded as ade(uate, acti on ma% be taken for the di s#osal of the
#ro#ert % after ascertai ni ng from the De#artment that no a##eal has been
fi l ed b% the del i n(uent offi cer agai nst the #uni shment awarded. "n the
event of an a##eal , the #ro#ert% wi l l be di s#osed of after the a##eal .
.->. To avoi d del a% i n di s#osal of #ro#ert i es i n cases whi ch have been
cl osed, t he Joi nt Di rect ors concerned shoul d ensure t hat such #ro#ert i es are
di s#osed of wi t hi n .> da%s of t he cl osure order. " n order t o wat ch t he di s#osal
of cl osed cases, a regi st er of cl osed cases i n t he f ol l owi ng f orm shoul d be
mai nt ai ned:
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
9rder 7o. 1. 7os. of
1l . Dat e of 8& i t ems Dat e of &emarks
7o. &'@ &3 'l osures #ert ai ni ng di s#osal
7o. t o cases.
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
(.) (*) (=) (0) (>) (?)
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
.-?. The Joi nt Di rect ors concerned must i nvari abl % i ns#ect t he #ro#ert i es
sei 2ed and ke#t wi t h t he " nvest i gat i ng 9ff i cers ever% t wo mont hs and record an
i ns#ect i on not e.
4ui de Ei nes to be observed b% the "nvesti gati ng 9ffi cers.
81
.-+. (.) House searches ma% be conducted onl %
when essenti al i n the i nterests of the case. "t wi l l have a ver%
bad effect on the moral e i f after conducti ng the house
1 3 ' & 3 T
search the case agai nst a seni or offi cer i s ul ti matel % cl osed or referred
onl % for de#artmental acti on.
(*) 1earches must al wa%s be carri ed out i n stri ct conformi t% wi th
l aw. $rovi si ons of 1ecti ons -=, .?>, .??, -- and .:: 'r.$.'. must be ful l %
com#l i ed wi th.
(=) 1earches as a rul e shoul d be carri ed out under the authori t % of a
warrant from the com#etent 1#l . 'ourt. "n al l such cases #ri or a##roval of
the Di rector, nti ,'orru#ti on Aureau, H%derabad shoul d be obtai ned
before carr%i ng out searches. watch of the #l aces to be searched
shoul d be ke#t where necessar% duri ng the #eri od of veri fi cati on of
i nformati on. "n " emergent cases where there i s i mmi nent ri sk of l oss of
evi dence due to del a% i nherent i n the #rocess, i t wi l l not be #ossi bl e to
fol l ow the above rul e. "n such cases, the #rovi si ons of 1ecti on .?>
'r.$.'. must be com#l i ed wi th careful l % and the record to be #re#ared b%
the "nvesti gati ng 9ffi cer i n com#l i ance of the re(ui rements of that 1ecti on
must be #re#ared careful l % wi th #ro#er #hraseol og% so as to confi rm ful l %
to the l egal re(ui rements of that 1ecti on.
(0) The Head of the De#artment and 4overnment shoul d be
i nformed i mmedi atel % after the search, menti oni ng the reasons for such
search.
(>) The number of #l aces t o be searched shoul d be rest ri ct ed t o t he
mi ni mum, consi st ent wi t h t he i nt erest s of t he case.
(?) 1earches af t er dark shoul d as f ar as #ossi bl e be avoi ded.
(+) 1earches shoul d not , unl ess absol ut el % unavoi dabl e, be carri ed out
on occasi ons of f est i vi t i es@ cel ebrat i ons et c. , goi ng on i n t he houses t o be
searched.
82
(/) 1earches must al wa%s be conducted (ui ckl % and (ui etl % and i n a
manner so as to avoi d unnecessar% embarrassment, humi l i ati on or
i nconveni ence to the #ubl i c servants and thei r fami l % members. Due
courtes% shoul d be shown to the #ubl i c servants and to thei r fami l %
members to take the sti ng out of the searches.
1 3 ' & 3 T
(-) rti cl es of tri fl i ng val ue and@or dai l % use need not be menti oned
i ndi vi dual l % i n the search l i st nor sei 2ed. "n cases of di s#ro#orti onate
assets, i t woul d however be useful to note down the l um#,sum val ue of
such arti cl es i n the house, even i f the% are not sei 2ed.
(.:) The si 2e of the search #art % must be ke#t to the mi ni mum
consi stent wi th the re(ui rements of the case. 1how of force must be
avoi ded. "f for an% s#eci al reasons some force i s re(ui red, i t ma% be ke#t
i n reserve at some di stance.
(..) 1earch #arti es shoul d i nvari abl % be headed b% offi cers not
bel ow the rank of "ns#ector. "n case of search of houses of seni or offi cers
or bi g fi rms, the searches shoul d be su#ervi sed #ersonal l % b% the Joi nt
Di rector concerned on the s#ot.
(.*) "nformants@'ol l eagues@1ubordi nates of the #ubl i c servant
whose house i s searched shoul d not as a rul e be sel ected as search
wi tness and shoul d not accom#an% the search #art %.
(.=) 1earch wi tnesses shoul d be i n a #osi ti on to testi f % that the
house searched i n thei r #resence was i n the occu#ati on of the accused
#ubl i c servant@fami l % members@cl ose rel ati ons.
(.0) $ro#er faci l i ti es shoul d be gi ven to the $ancha%atdars and
undue i nconveni ence to them avoi ded.
(.>) 8embers of the search #art % shoul d be ful l % bri efed about thei r
al l otted tasks and about the doJ s and donJ ts on searches contai ned i n thi s
8anual and other i nstructi ons i ssued from ti me to ti me, before the% set
out for actual search.
83
(.?) $ress #ubl i ci t % to be gi ven about searches wi l l be deci ded onl %
b% the Di rector, nti ,'orru#ti on Aureau i n the l i ght of the re#ort recei ved
from the "nvesti gati ng 9ffi cer@D.1.$@J.D.
(.+) re#ort about resul t of the search shoul d be
sent i mmedi atel % after the search b% the offi cer i ncharge of
1 3 ' & 3 T
the 1earch #art%. #art from the evi dence col l ected, the re#ort shoul d
al so menti on the ti me at whi ch the search began and ended and an% other
fact whi ch ma% be rel evant. "n case the #re#arati on of search l i sts etc.,
has taken an undul % l ong ti me, that fact al so shoul d be cl earl % brought out
i n the re#ort.
(./) 5hen an "nvesti gati ng 9ffi cer of one Di stri ctM &ange goes to
conduct a search i n a #l ace wi thi n the j uri sdi cti on of another Di st. &ange,
the D1$M "ns#ector of the l atter Di st.M &ange shoul d be contacted to de#ute
an offi cer of hi s Di stri ctM &ange al so to be #resent at the ti me of the
search.


84
1 3 ' & 3 T
85
CHAPTER /#I
E#AMINATION OF DISPUTED DOCUMENTS %) GO$ERNMENT E#AMINER OF
(UESTIONED DOCUMENTS.
.-/. There is a Directorate of the Borensic 1cience Eaborator% at &ed Hills,
H%derabad, which is the 1tate 4overnment De#artment where the following t%#es of
e;aminations are carried out b% the 4overnment 3;aminer of Puestioned Documents:,
(i) to determine the authorshi# or otherwise of the (uestioned writings b% a
com#arison with known standardsG
(ii) to detect forgeries in (uestioned documentsG
(iii) to determine the identit% or otherwise of (uestioned t%#e scri#ts b%
com#arison with standardsG
(iv) to determine the identit% or otherwise of seal im#ressionsG
(v) to deci#her erased (mechanicall% or chemicall%) or altered writingsG
(vi) to determine whether there have been inter#olations, additions or over,
writings and whether there has been substitution of #a#ersG
(vii) to determine the order or se(uence of writings as shown b% cross strokes
and also to determine the se(uence of strokes, creases or folds of the
(uestioned documents where additions are sus#ected to have been
madeG
(viii) to detect an% tam#ering in wa; seal im#ressionsG
86
(i;) to deci#her secret writingsG and
(;) to determine the age of documents and other allied handwriting #roblems.
.--. There is also a 'entral 4overnment 9ffice of the 4overnment 3;aminer of
Puestioned Documents at &amantha#ur, H%derabad for the same #ur#ose.
1 3 ' & 3 T
*::. The 4overnment have e;em#ted the nti,'orru#tion Aureau from #a%ment
of fees #rescribed for the services of the 1cientific 1ection '.".D. (Director of Borensic
1cience Eaborator%) vide 4.9.8s.7o.=-+ Home ($olice,') De#artment, dated .
st
1e#tember, .-/=. However, the #rescribed fee has to be #aid to the 4overnment
3;aminer of Puestioned Documents, &amantha#ur, H%derabad, if documents are sent
to him for e;amination and o#inion.
*:.. The 3;#ert of the Borensic 1cience Eaborator% H%derabad@4overnment
3;aminer of Puestioned Documents re(uires some time to furnish his o#inion in cases
referred to him. Hence, a reference has to be made to the Director of Borensic 1cience
Eaborator%@4.3.P.D, &amantha#ur, H%derabad as and when all the re(uired material
has been collected. "t is not necessar% to wait until the investigation is almost com#lete
as this will dela% finali2ation of a case for recei#t of o#inion of the 4overnment 3;aminer
of Puestioned Documents.
*:*. The following #recautions should be carefull% observed in handling
documents:
(a) Documents should not be subjected to fre(uent or careless handling and
should from the ver% beginning be #ro#erl% #rotected either b% #lacing them between
sheets of blank #a#ers or #referabl% between thin, trans#arent sheets of celluloid.
(b) Documents should not be e;#osed to moisture of an% kind or to strong
sunlight and should never be carried in the #ockets of oneJs wearing a##arel where the%
are likel% to be affected b% bodil% 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.
87
(d) Documents should not be folded or unfolded unnecessaril% and a new fold
should never be introduced.
(e) Documents should not be touched with an eraser of an% kind, nor should
adhesive labels be a##lied.
1 3 ' & 3 T
(f) Documents should not be #unched or #inned but #a#er cli#s should be used
where necessar%.
(g) 7o additions, such as underlining features thought to be significant, should
ever be made in the documents. The identification marks should be a##lied with colour
#encils where the% are least likel% to interfere with the writing and should be as limited
as #racticable and clearl% recogni2ed as such.
(h) Tracings of documents should never be resorted to. Bor #ur#oses of record,
#hotogra#h% is the advisable and safe method.
*:=. ll documents sent for e;amination should be #acked and sealed in stout
covers or #ackings to avoid damage during transit. The% should also be insured for a
nominal value of &s..::@, to ensure e;tra #recaution on the #art of the #ostal
authorities. forwarding letter listing out the documents sent for com#arison and
o#inion, the descri#tion of the documents and what e;actl% is re(uired to be done b% the
Director, Borensic 1cience Eaborator%@4.3.P.D. < should accom#an% the documents.
The forwarding letter should be sent in du#licate, as one co#% is re(uired to be e;hibited
in 'ourts. "t should also show which of the writings are (uestioned and which are
standard. The (uestioned writings should be carefull% encircled with a colour #encil
without touching or crossing an% #art of it. "dentif%ing marks such as P., P*, P=,
should be given for each of the items in (uestion. The standard writings should also be
similarl% enclosed and marked. The writings of one #erson should be marked seriatim
till all the writings in (uestion are com#leted. "f there is a se#arate bod% writing and a
signature, both should be se#aratel% marked for identification.
88
*:0. ll #a#ers should bear a distinguishing mark, such as
.A.'. or (.), (*), (=). n% other writing on the document should be avoided. "n
cases of letters sent together with their envelo#es or covers, the envelo#es
should bear a sub,mark or number to the letter it contained. Thus, if a letter is
1 3 ' & 3 T
marked , its covering envelo#e should be marked ... "n the case of documents
alread% entered as 'ourt e;hibits, the 'ourt marks will, of course be observed.
*:>. "n stitching or stringing #a#ers together, care should be taken not to
mutilate an% written #ortions.
*:?. "n cases where o#inion is re(uired on, or the attention of the 3;aminer
directed onl% to the signature or a #ortion of the writing, the #articular #ortion should be
clearl% indicated b% encircling it with a fine #encil line (black lead or red or blue chalk).
"nk marks should be avoided.
*:+. The encircling should be com#lete and more underlining and brackets
avoided. "f there are other writings in ju;ta#osition, the dividing line should clearl%
e;clude the outside #ortions. 'arelessness in this matter causes unnecessar% increase
of work, and is a#t to lead to mistakes. 1#ecial attention should be given in this matter
in regard to inter#olations, additions and over,writings, and to signatures on bonds and
on the reverse of 1.'. 7otes where there are other signatures, endorsements and
writings.
*:/. 5hen selecting handwritings for com#arison, writings made about the
same #eriod as the documents in (uestion should, as far as #ossible, be selected. This
should be done in case where alread% e;isting writings of the sus#ect or accused are
readil% available, whether contained among corres#ondence or in books or registers.
*:-. 5hen taking s#ecimen handwritings of several sus#ected or
accused #ersons, the writing of each individual should be taken on se#arate
sheets and not on the same sheet. "n cases where a #erson is re(uired
89
to give several s#ecimens on a se#arate #a#er, care should be taken to
remove the #reviousl% written sli#s from sight of the individual when he is writing
the other s#ecimens. Bor the #ur#oses of obtaining s#ecimen handwritings,
the matter should #referabl% be dictated. 5hen an% length% #iece of writing is dictated
1 3 ' & 3 T
or given for co#%, the actual time consumed in writing should be noted and also the kind
of #en used and the #osition of the #a#er while in the act of writing, i.e., whether laid on
a flat hard surface, or held across the #alm, or #laced across the thigh or in an% other
#osition. The officer taking the s#ecimen should state on it, the name of the writer,
together with the #articulars above referred to, and mention the date of the writing. He
should also certif%, on the same sheet, that the s#ecimen was written in his #resence.
*.:. dmitted writings, if undated, should, if #ossible, bear on them a #encil
entr% giving the #robable date of writing, e.g. Ksaid to have been written in Bebruar%,
.-/0L. "n the same wa%, if the dis#uted document bears no date, the su##osed or
#robable date of writing, or the date of recei#t, should be ascertained and noted.
*... 5hen the writings of a sus#ected individual are re(uired to be e;amined, his
#en and writing #ad, if obtained should be sent. "n such cases, a #iece of #a#er, should
be gummed on to the #en handle containing the name of the writer and a similar label
affi;ed to the #ad.
*.*. ll the #oints on which o#inion is re(uired should be mentioned clearl% and
s#ecificall% in the forwarding letter but the histor% of the case should never be narrated.
*.=. n abundant number of standard materials #referabl% not less than a do2en
s#ecimens should be furnished to the 4.3.P.D. for #ro#er com#arison. ll dis#uted or
(uestioned documents should be sent as far as #ossible in one list and not in #arts. s
a general #rocedure, the "nvestigating 9fficer should submit two t%#es of standard
writings:
(i) re(uest writings of signatures written to dictation b% sus#ectsG #referabl% si;
dictated co#ies of each item in (uestion should be obtainedG and
90
(ii) #revious writings which are admittedl% genuine writings or signatures written
in the ordinar% course b% the sus#ects.
1 3 ' & 3 T
5henever a signature occurs in a dis#uted document, a do2en or as man% as
#ossible, suitable admittedl% genuine signatures of the #ersons bearing the same name
should be sent. (A% Kadmittedl% genuine signatureL is meant Ke;isting signatures written
before the date of the dis#uted signaturesL).
*.0. 3ver% effort should be made to obtain the #revious writings as the% are
more useful for com#arison. 1imilar #revious writings should also be obtained as far as
#ossible. Bor instance, if the signature on a che(ue is (uestioned, admittedl% genuine
signatures on #revious che(ues should be sent for com#arison while taking re(uest
writings also, the% should as far as #ossible be got in e;actl% the same manner and
under the same conditions as in the case of the (uestioned documents. #articular
kind of writing in the (uestioned items should be the kind of writing in the re(uest items
also. "f block letters are used in the (uestioned writing, block letters should also be
used in the re(uest writing. "f #ossible, similar #a#er and ink should be used in the
re(uest writing as in the original writing. However, the #revious writing should not be
shown to the accused while taking re(uest writing, and even when taking a second
re(uest writing, the first re(uest writing should be removed from his view. This is
necessar% in order to #revent an% deliberate attem#t b% the accused to disguise his
writing. The age of the writer, his names and an% #articular #h%sical conditions likel% to
effect the writing should be endorsed in each sheet b% the officer obtaining re(uest
writings and signed b% him.
*.>. "f and when o#inion of an e;#ert is sought on a dis#uted document, written
in a scri#t unknown to him, co#ious material should be su##lied to the e;#ert
for com#arison and check. This would enable him to claim com#etence to give o#inion
91
in such cases with greater force. However in such cases, reliance should
not be laced entirel% on the e;#ert o#inion. 'orroborative evidence of witnesses, who
1 3 ' & 3 T
might be ac(uainted with the handwriting of the accused, etc., should also be collected
to #rove the dis#uted writings in the 'ourt.
*.?. The number and date of the letter etc., of the 4.3.P.D. should alwa%s be
(uoted while corres#onding with him.
*.+. 5hile making a reference, all necessar% material should be sent in the ver%
first instance. "f some essential documents, sam#les or s#ecimens are missing and
cannot be #rocured, this should be clearl% indicated in the forwarding letter. This would
obviate further unnecessar% reference from the 4.3.P.D. and thus avoid dela%.
*./. ll securit% instructions must be carefull% followed while dis#atching and
receiving classified documents.
*.-. &e(uests for according #riorit% or to#,#riorit% to cases b% the 4.3.P.D.
should be routed through the Head office so that if and when necessar% inter se #riorit%
amongst cases of different ranges ma% be fi;ed.
**:. "n all cases in which an officer of the organi2ation of the 4.3.P.D. is
re(uired to give evidence in 'ourt, an advance intimation about the date or dates on
which his evidence is re(uired in court should be sent b% the "nvestigating 9fficer direct
to the officer without waiting for the actual summons to be issued. 5hile so doing,
K9#inion 7os. and datesL should also be mentioned. However, the "nvestigating 9fficer
concerned should ensure that summons are issued to the 4.3.P.D. atleast a fortnight in
advance.
**.. To avoid embarrassment to the 3;aminers, the concern "nvestigating
9fficer ma% ascertain from the 3;aminers the convenient dates on which it would be
#ossible for them to be #resent in the court as witnesses and $rosecuting 9fficers
92
should be instructed to re(uest the 'ourt to fi; u# the evidence of the 3;aminers
on one of these dates. "f the 3;aminer is unable to attend because of his #rior
1 3 ' & 3 T
engagement in some other court, the $rosecuting 9fficer should #lace this information
before the 'ourt and re(uest for fi;ing u# the evidence on some other date. 5henever
necessar%, the $ublic $rosecutor should be instructed to make the court aware of the
fact that the officers of the 4.3.P.D. are hard #ressed for time and have to travel all
over the 1tate to tender evidence as witnesses and so, no warrants for them should be
issued.
***. The dates of hearing in all cases wherein the 4.3.P.D. or his ssistant is to
be summoned for giving evidence should be so arranged as to ensure that his evidence
is taken u# after the .>
th
of each month.
**=. "f the 4.3.P.D. or his assistant is summoned in two or more cases at the
same station, consecutive dates should be fi;ed in consultation with the court for
hearing. However, in cases which are hotl% contested and contain too man% e;hibits, a
two,da% interval would be suitable.
**0. "n cases where the (uestioned writings are forwarded b% the audit office to
the 4.3.9.D. direct at the re(uest of the "nvestigating 9fficer, the standard writings for
com#arison should be sent direct to the 4.3.P.D. b% the "nvestigating 9fficer. This
should be done as soon as intimation regarding the dis#atch of the (uestioned
documents to the 4.3.P.D. is received from the concerned audit office b% the
"nvestigating 9fficer.
**>. The 4.3.P.D. would be #re#ared to su##l% one set of #rints to be e;hibited
b% him at the time of his evidence in court, at an% time the "nvestigating 9fficer would
like to have it. s soon as it is decided to summon the 4.3.P.D. as a witness, he
should be re(uested to su##l% one set of #rints which should be e;hibited in court so
that the accused and his counsel ma% be able to ins#ect them before the 4.3.P.D. or
his ssistant tender his evidence.
93
**?. 5hen sending sealing wa; im#ressions for e;amination, care should be taken in
its #acking, so that the wa; or lac is not broken in t ransit b% #ost. thin la%er of
1 3 ' & 3 T
cotton #laced on either side of the #ortion containing the seal im#ression will afford safe
#rotection.
**+. "n case where the age of a document is in (uestion, the greatest care
should be taken to guard the document from being handled or soiled and es#eciall% to
#rotect it from finger and other marks on the written characters. "n such cases, if the #en
and ink #ot, said to have been used in the writing, are available, the% should be sent.
**/. "n all cases where #a#ers for e;amination are des#atched to the e;aminer,
the% should be sent, carefull% #acked, b% registered letter or #arcel #ost, to his official
address accom#anied b% a memorandum or letter stating:,
(a) the language of the writingG
(b) the number of e;hibits sent, giving their distinguishing marks, and other
necessar% #articulars, indicating se#aratel% the documents in (uestion i.e., those on
which o#inion is sought and the admitted document with which com#arison is to be
made, these letters being classified according to their res#ective writersG
(c) the (uestion to the 3;aminer clearl% and #recisel% #ut, in regard to the
#articular writings or #ortions of writings on which o#inion is desired.
(d) #articulars of the case, such as title, number, date, name of the com#lainant
and the accused and section under which the charge is laid, together with an% remarks
as to the circumstances of the writing and on an% other matters or #oints on which the
3;aminer should be informed.
(e) if a case has alread% been instituted, the date fi;ed for the ne;t hearing with
name of court of trial.
94
**-. register should be maintained in each &ange office for all references
made to the Director, Borensic 1cience Eaborator%, H%derabad@4.3.P.D. &amantha#ur,
H%derabad. The Joint Directors will check this register from time to time to ensure that
references to the 3;#erts are being #rom#tl% and #ro#erl% made and that there is not
undue dela% in this regard.
1 3 ' & 3 T
95
CHAPTER / #II
E#PERT TECHNICAL ASSISTANCE A$AILA%LE TO THE %UREAU
*=:. t the head (uarters of the Aureau, the following e;#ert technical assistance
is available.
(.) De#ut% Director (3ngineering)G
(*) De#ut% Director (Borests)G
(=) De#ut% Director (&evenue)G
(0) ssistant Director ('ommercial Ta;es)G and
(>) ccounts 9fficer@'hartered ccountant.
*=.. Aefore an en(uir% relating to a de#artment, connected with 3ngineering,
Borests, &evenue or 'ommercial Ta;es, is sent to a range D%. 1u#dt. of $olice for
conducting en(uir%, the concerned Technical 9fficer at the head(uarters will go through
the available #a#ers and #re#are a brief about rules and regulations involved in the
en(uir% and what the "9 should look for in the en(uir%. 1#ecialist officers will also make
a note on these en(uiries, so that the% ma% kee# track of them.
*=*. During the actual conduct of the en(uir%, the ".9s should
consult the concerned ssistant Director @ De#ut% Director on all technical
matters connected with the en(uir% #ertaining to the de#artments and the% ma%
even re(uest their assistance in the field, where necessar%. 5here
s#ot ins#ections are done b% the "9 and #anchanamas are drafted and
sam#les taken for check wherever necessar%, it would be desirable for the ".9s
to have the technical De#ut% Directors@ssistant Directors with them. The Technical
96
9fficers from the 3ngineering side will work out details of the cost of
constructions, buildings etc., on the basis of the standard rates which #revailed in
the relevant %ears in which the% were constructed. The De#ut% Director (&evenue)
1 3 ' & 3 T
and ssistant Director ('ommercial Ta;es) who are trained in working out
dis#ro#ortionate assets cases will assist ".9s in such en(uiries.
*==. The draft final re#orts when received from the &anges will be scrutini2ed at
the head(uarters b% the concerned ssistant Director@De#ut% Director and then #ut u# to
the Joint Director@Director. During the en(uir%@ trial of cases #ertaining to im#ortant
en(uiries concerning their de#artments, the concerned ssistant Directors, De#ut%
Directors will hel# the ".9s and #rosecutors, in the successful conduct of the trial @
en(uir%.
*=0. The e;#ert @ Technical 9fficers attached to the Aureau from the 3ngineering,
&evenue and 'ommercial Ta;es, Borest De#artments, are also to gather intelligence
about modes of corru#tion and corru#t officers in their res#ective de#artments and
furnish this information to the Director for suitable follow u# action. "t is also necessar%
for them to stud% the rules, regulations and #rocedures of their res#ective de#artments
and suggest suitable changes wherever necessar%, es#eciall% when due to lacunae or
ambiguities in these rules, regulations etc., the% are found to be in conflict with
administrative interest, or aid corru#t #ractices as found during the conduct of en(uiries
b% the .'.A.
*=>. "n addition to e;#ert assistance available at the Head(uarters of the Aureau,
the 4overnment have #ermitted the nti,'orru#tion Aureau to take all other assistance
available from e;#erts, in the conduct of en(uiries@investigations, wherever necessar%
(4overnment 8emo.7o.*::0@1.'.'.@?*, 4eneral dministration (1.'.') De#artment,
dated =
rd
9ctober, .-?*).
97
1 3 ' & 3 T
98
99
100
ENGINEERING RESEARCH DEPARTMENT' RED HILLS' H)DERA%AD.
*=?. The facilities available at the 3ngineering &esearch De#artment are as
follows:,
(i) 3ngineering materials Eaborator% < Testing of materials used in 3ngineering
construction with the e;ce#tion of soils.
(ii) 1oils 8echanics Eaborator% < Testing of soils in connection with earth dams,
canal banks, highwa% embankments and foundation of structures.
(iii) $h%sical and 'hemical Eaborator% < $h%sical and 'hemical testing of building
materials.
N012&-
(.) The de#artment does not undertake tests of #aints, rubber, glass, leather and
wood.
(*) Test can be undertaken onl% with the #ermission of the ndhra $radesh
4overnment.
(=) "t is advisable to ascertain before hand whether a #articular test can be
undertaken.
(0) &ates of charges should be ascertained from the Director.
*=+. "t is #ossible that in a #articular en(uir%, there is need to consult an e;#ert
not listed above. "n such cases, the matter should be brought to the notice of the
Director so that s#ecial sanction could be obtained from the 4overnment.
*=/. 1anction for the fees #a%able to the e;#erts is obtained from the
4overnment b% the Director in each individual case.
1 3 ' & 3 T
101
102
CHAPTER / #III
DEPARTMENTAL ACTION
*=-. De#artmental action, #ursuant to an en(uir% b% the nti,'orru#tion Aureau
arises in the following circumstances:,
(a) 9n com#letion of a &.3. or &.'. #lacing officers on their defence before the
T.D.$. ma% be suggested against those drawing basic #a% of &s.?::@, and above or such
a basic #a% as ma% be #rescribed from time to time, if the allegations held #roved
against those officers relate to criminal misconduct. "n the case of officers drawing basic
#a% below &s.?::@, or as ma% be #rescribed from time to time, if the allegations held
#roved against those officers relate to criminal misconduct. "n the case of officers
drawing basic #a% below &s.?::@, or as ma% be #rescribed from time to time, the% can
be #laced on their defence before the T.D.$. if the% are involved jointl% with other
officer@officers drawing basic #a% of &s.?::@, and above #er month or referred to the
de#artment concerned for taking de#artmental action (4.9.8s.7o.+./, 4.. (1er.)
De#artment, dated /
th
9ctober, .-+?).
(b) 9n com#letion of a &.3.@&.' b% the .'.A., an en(uir% under the ndhra
$radesh 'ivil 1ervices ('lassification, 'ontrol F ##eal) &ules ma% be suggested to be
conducted b% the de#artment itself. This arises for those drawing basic #a% of less than
&s.?::@, or as ma% be #rescribed from time to time as at (a) above. The en(uir% ma% be
conducted b% the De#artment itself even in cases of officers drawing basic #a% of
&s.?::@, and above or such a basic #a% as ma% be #rescribed from time to time, when
the allegations held #roved against them relate to irregularities, violation of de#artmental
rules etc., which do not fall under Kcriminal misconductL.
*0:. There is no constitutional bar to the holding of a De#artmental 3n(uir% on the
termination of the criminal #roceedings against the accused officer if the de#artmental
1 3 ' & 3 T
103
en(uir% is not held on the same charge and facts on which he was ac(uitted b% the
court. (vide "& .-?0 1u#reme 'ourt +*).
*0.. The following #oints should be borne in mind in all cases of de#artmental
action:,
(.) De#artmental action where suggested against officers of ll "ndia 1ervices, is
normall% conducted through an authorit% constituted for the #ur#ose under rule = (*) of
the ll "ndia 1ervices (Disci#linar% F ##eal) &ules or under the #rovisions of $ublic
1ervants ("n(uiries) ct .->:. Hnder &ule / (?) (c) of the ll "ndia 1ervices (Disci#linar%
F ##eal) &ules, the 4overnment ma% also a##oint a 4overnment 1ervant or a legal
#ractitioner as a I$resenting 9fficerJ for conducting the case. 4enerall%, the Director of
$rosecutions or dditional Director of $rosecutions is nominated as the $resenting
9fficer.
(*) $rovisions of the "ndian 3vidence ct are generall% not a##licable to
de#artmental en(uiries. The% are governed b% rules of natural justice ("& .->>
'alcutta $../=).
(=) 5hen the 4overnment order disci#linar% action on the basis of an en(uir%
re#ort of the nti,'orru#tion Aureau, the 'A "ns#ector, who investigated the case shall
assist the 3n(uir% 9fficer in holding the en(uir% and marshalling the evidence
(4.9.8s.7o..:/., 4.. (1er.') De#artment, dated */
th
1e#tember, .-?0). The Director,
nti,'orru#tion Aureau ma% direct another "ns#ector to assist the 3n(uir% 9fficer if the
investigating 9fficer is not available or is otherwise bus%.
(0) 1tatements of witnesses recorded b% the nti,'orru#tion Aureau can be
brought on record during the de#artmental en(uir%, if the witnesses admit them to be
correct. The delin(uent officer concerned should thereafter be allowed
to cross,e;amine the witnesses. 5hen, as a conse(uence of #rocedural or
technical irregularities, a de novo de#artmental en(uir% is to be conducted, it is o#en
1 3 ' & 3 T
104
to the 3n(uir% 9fficer to allow the witness to refresh his memor% in terms of section .>-
of the "ndian 3vidence ct with the hel# of his earlier statement or to have it filed as an
e;hibit to corroborate or contradict his testimon% at the de novo en(uir%. "n a##ro#riate
cases, where the en(uir% officer considers that the earlier statement is true, it can be
treated as substantive evidence in the de novo en(uir% for all #ur#oses, subject to the
#rovisions of the "ndian 3vidence ct.
(>) 9nl% $art,IAJ re#orts of the 'A contain relevant material against the #ublic
servants and the% are sent to the 3n(uir% 9fficers b% the 4overnment to enable them to
frame charges, adduce a##ro#riate evidence and chalk out the line of conducting the
en(uir%. $art,A re#ort being a confidential document, the en(uir% officers should not
furnish it to the delin(uent officer. The en(uir% 9fficer should avoid making an%
reference to the nti,'orru#tion Aureau, in the communication sent to the delin(uent
9fficer during the de#artmental en(uir%.
*0*. Draft charges, statements of allegations and lists of witnesses and
documents in su##ort of the charge will be sent b% the TD$ or de#artmental authorit%.
The en(uir% officer can also make use of the said statements to contradict the witnesses,
if the% turn hostile (4ovt. 8emo.7o./?0@ ?=,>, 4.. (1er.D) De#artment, dated .
st
9ctober, .-?=).
(?) The 'A should continuousl% watch the #rogress made in disci#linar%
#roceedings in the de#artmental en(uiries arising out of 'A en(uiries. s soon as the
Director informs the "ns#ector concerned about a case having been referred for
de#artmental action, it will be the dut% of the latter to follow u# with the en(uir% officer for
e;#editious dis#osal of the de#artmental en(uir%. "nordinate dela% in holding the
de#artmental en(uir% ma% be re#orted to the Director, nti,'orru#tion Aureau for taking
u# the matter with the 4overnment or other a##ro#riate authorit% (.'.A. Head 9ffice
'ircular 7o....@1.@?/, dated ./
th
9ctober, .-?/).
1 3 ' & 3 T
105
(+) 5hen a de#artmental en(uir% is finall% dis#osed of and the #unishment
awarded to the accused officer is considered inade(uate, the Director, 'A ma% take u#
the matter with the reviewing authorit% for enhancement of #unishment where it is
deemed necessar% (&ule *0 of ndhra $radesh 'ivil 1ervices ('lassification, 'ontrol
and ##eal ) &ules.
1 3 ' & 3 T
106
CHAPTER / #I$
INSTRUCTIONS REGARDING SU%MISSION OF CON$ICTIONS AND AC(UITTAL
REPORTS' O%TAINING COPIES OF 3UDGEMENTS AND FILING OF APPEALS'
RE$ISIONS ETC.
*0=. s soon as #ossible after judgment is #ronounced in a case of the
nti,'orru#tion Aureau b% the 1#ecial Judge for 1$3 and 'A 'ases, the Eegal
dviser,cum,1#ecial $ublic $rosecutor, nti,'orru#tion Aureau concerned shall send
conviction@ac(uittal@discharge re#ort to the Head 9ffice b% a 1#ecial 8essenger. The
Head 9ffice in turn will inform the same to the concerned 1ecretar% to 4overnment in
the 1ecretariat marking co#ies to the 'hief 1ecretar% to 4overnment, and Head of the
De#artment to which the ccused 9fficer belongs.
*00. &egister of c(uittals, convictions and discharge shall be maintained b%
the Eegal dviser,cum,1#ecial $ublic $rosecutor, nti,'orru#tion Aureau. There should
be se#arate #ages in the &egister for each $rosecutor and all cases conducted b% one
$rosecutor in the #ortion allotted to him. ction, if an%, taken against the "nvestigating
9fficer or $rosecuting 9fficer for an% defect in investigation or #rosecution, which led to
the ac(uittal or discharge should also be indicated in the &egister.
*0>. The instruction contained in the above #ara regarding transmission of
conviction@ac(uittal@discharge re#orts will a##l% not onl% to the dis#osal in the first court
of trial (1#ecial 'ourts) but also to judgments of the High 'ourt and 1u#reme 'ourt. To
enable the concerned to check, if necessar%, that action in this regard has been taken,
there should also be a column in the &egister in which the number and date of the letter
in which the result of a##eal is intimated to the de#artment and other concerned, should
be noted.
1 3 ' & 3 T
107
*0?. "n all cases ending in conviction@ac(uittal@discharge, a co#% of the judgment
will be obtained as soon as #ossible b% the concerned Eegal dviser,cum,1#ecial
$ublic $rosecutor for e;amination. 'o#ies of judgements in 1.$.3. and .'.A. 'ases
can be obtained free of cost, b% the $ublic $rosecutors and sent to the Head 9ffice
without an% dela% with their detailed remarks in cases of ac(uittals discharge, so that a
co#% of the same can be sent to the de#artment concerned in the 4overnment
immediatel% to file an a##eal in the High 'ourt, within the limitation #eriod.
*0+. "n res#ect of the High 'ourt of ndhra $radesh, the $ublic $rosecutor,
1tanding 'ounsel will file a##eals on behalf of 4overnment and after hearing, he will
obtain co#ies of judgement and furnish to 4overnment and the nti,'orru#tion Aureau
with his remarks. The 1tanding 'ounsel for the 'A in the High 'ourt of ndhra
$radesh shall obtain co#ies of judgement without dela%. He will also maintain a
&egister of the cases which are #ending in the High 'ourt in res#ect of the cases either
filed on behalf of the 4overnment or b% the ccused 9fficers convicted in the 1#ecial
'ourts. He shall #rom#tl% a##l% for s#ecified co#ies of judgement. This matter has to
be attended to with care and attention.
*0/. The legal dviser,cum,1#ecial $ublic $rosecutor and &etainer 'ounsel
should scrutini2e and e;amine the judgment with reference to the following #oints:,
(i) 5hether the sentence is ade(uate or inade(uateG
(ii) 5hether revision for enhancement of sentence is to be filedG
(iii) whether ac(uittal or discharge is justifiableG
(iv) 5hether there is a case for filing an a##eal against ac(uittal or discharge.

*0-. 5hile anal%2ing the administrative #rocedures in order to minimi2e the sco#e of
corru#tion, a stud% and anal%sis of vigilance cases in courts reveal ver% useful
1 3 ' & 3 T
108
"nformation regarding the loo#holes in rules and #rocedures which #rovide sco#e for
abuse of authorit%. )igilance case should not be treated as closed until this scrutin%
and anal%sis is over. The scrutin% should e;amine whether the rules and regulations
#rescribed are adhered to in #ractice and weather effective ste#s are re(uired to be
taken to #revent la#ses, if an%, where the% occur. The Head 9ffice should intimate to the
De#artment concerned @'hief 1ecretar% the result of scrutin% of court cases for follow u#
action. The 4overnment are re(uired to issue suitable instructions to the concerned
and send a co#% of their instructions to the nti,'orru#tion Aureau.
*>:. 5hile e;amining an ac(uittal judgment, regard should be had to the
#rinci#les enunciated b% various High 'ourts and the 1u#reme 'ourt regarding the
sco#e and #ower of the ##ellate 'ourt to interfere with an ac(uittal in e;ercise of its
#owers under section =+= 'r.$.'. The following factors should be taken into
consideration before recommending an a##eal.
(a) )iews of the Trial 'ourt as to the credibilit% of the witnessesG
(b) 1lowness of the ##ellate 'ourt in disturbing findings of fact recorded b% the
Trial 'ourt which had the advantage of seeing and hearing the witnessesG
(c) $resum#tion of innocence in favour of the accused confirmed b% the ac(uittalG
and
(d) &ight of the accused to the benefit of doubt.
*>.. 7ormall%, the High 'ourts do not interfere with orders of the lower courts in
e;ercise of their revisional #owers under section 0=* 'r.$.'. e;ce#t in e;ce#tional cases
of real and substantial injustice. 'onse(uentl%, a revision a##lication for enhancement
of the sentence should not be made, having due regard to the #art #la%ed b% the
accused in the commission of the offence. 1imilarl%, filing of revision a##lications in
interlocutor% matters should not be resorted to unless there is some substantial (uestion
of law involved or, the im#ugned order, if allowed to stand, is likel% to have far,reaching
conse(uences.
1 3 ' & 3 T
109
*>*. $ro#er care should be taken of the #rogress made in an a##eal filed b% an
accused against his conviction in the High 'ourt. The following instructions ma% be
carefull% com#lied with:
(i) Dail% 'ause Eist of cases heard in the High 'ourt should be carefull% #erused
b% the $ublic $rosecutor@&etainer 'ounsel.
(ii) The Eegal dviser,cum,1#ecial $ublic $rosecutors@&etainer 'ounsel should
kee# u#,to,date the conviction &egister of the .'.A. The dditional Director will check
the &egister (uarterl%.
*>=. "n order to #ursue more effectivel% 'A cases coming u# in the 1u#reme
'ourt, the 4overnment should direct the dvocate on record of the 1u#reme 'ourt
about filing of a##eal in 1u#reme 'ourt, under intimation to the nti,'orru#tion Aureau.
The dvocate ma% also be instructed b% the 4overnment for watching #rogress in
#ending matters and ensuring that all the cases have been included dul% in the list.
*>0. 5henever a case ends in ac(uittal or discharge, a re#ort shall be sent b%
the dvocate on record to 4overnment along with a co#% of judgement. The re#ort
should clearl% show what the reasons are for ac(uittal or discharge and whether there
are an% defects or negligence in investigation or in #rosecution which led to the
unsatisfactor% result. dverse remarks regarding investigation or #rosecution should
also be clearl% mentioned. The 4overnment in turn will furnish the same to the Director,
nti,'orru#tion Aureau for taking further action in the matter.
*>>. ll cases should be treated as closed onl% when no action is #ending b%
wa% of a##eal or revision. "n cases which fail in the 1#ecial 'ourt and in which no
a##eal or revision is considered necessar%, it should be e;amined whether de#artmental
action can be recommended.
1 3 ' & 3 T
110
*>?. 5here a##eal or revision is recommended, action should not be held u# for
want of a certified co#% of the judgement. 1uch comments should be given immediatel%
on an uncertified co#% of the judgement and forwarded to the Head 9ffice in time.
certified co#% of the judgment should be sent thereafter as soon as it is obtained.
*>+. The following #rocedure shall be followed in res#ect of all adverse remarks,
strictures or criticism found in judgments of 'ourts in 'A 'ases.
*>/. The Joint Directors incharge of &egions will carefull% go through judgments
and such records of the case as ma% be necessar% including the documents and records
of the case and of the 'ourt. The% will then consider whether an% further action is called
for in res#ect of an% adverse remark, stricture or criticism made b% the court and whether
it is necessar% to obtain the e;#lanation or comments of an% ".9.@D.1.$. concerned.
fter obtaining such e;#lanations or clarifications as ma% be necessar%, the% should
consider whether the ".9. or D.1.$. concerned is at fault and, if so, what further action
needs to be taken. The Joint Director will then submit his re#ort to the Head 9ffice for
initiating further action accordingl% and deal with and #unish those of their subordinate
officers whom the% find to have been at fault.
*>-. "rres#ective of their own views on the judgements #ronounced b% 'ourts,
the Joint Director concerned and the 'hief Eegal 9fficer in Head 9ffice will send, along
with a com#lete co#% of the judgement, a full re#ort to the Head 9ffice in ever% case in
which an adverse remark or criticism has been #assed b% a court of law. This re#ort
should be clear and sufficientl% detailed and should generall% be in the following form:,
(i) 3ach adverse remark should be re#roduced in e;tense and a serial number
given to it for facilit% of referenceG
1 3 ' & 3 T
111
(ii) 3ach remark should then be anal%sed and discussed, one after the otherG
(iii) The material and the arguments on which each remark is based should be
mentionedG
(iv) n% relevant material that might not have been brought to the notice of the
court or overlooked or ignored should be mentionedG
(v) The e;#lanation of those concerned should be givenG
(vi) ll #oints, for and against the remarks, should be discussed and the views
and conclusions of the Joint Director and 'hief Eegal dviser be recordedG
(vii) ction, if an%, taken or #ro#osed to be taken b% the Joint Director@Eegal
9fficer@'hief Eegal 9fficer should be mentioned at the end of the re#ort.
*?:. "f the adverse remarks are #assed in the course of a judgment of ac(uittal
or discharge, the scrutin% and detailed re#ort on the adverse remarks must not hold u#
or dela% the re#ort on the merits of the ac(uittal or discharge. That re#ort must be sent
#rom#tl% and the re#ort on the adverse remarks can be sent later, but a reference to that
should be made in the first re#ort also.
1 3 ' & 3 T
112
CHAPTER /#$
DUTIES AND FUNCTIONS OF THE STAFF OF HEAD OFFICE.
*?.. The Directorate of nti,'orru#tion Aureau has two distinct wings < namel%
(.) The dministration Aranch and (*) The 1#ecial Aranch.
*?*. The dministration Aranch is divided into two sections <
(a) 3stablishment 1ection otherwise known as IJ 1ection, and (b) ccounts and udit
1ection otherwise known as IAG 1ection.
*?=. The 3stablishment 1ection consists of one 9ffice 1u#erintendent, * 1enior
ssistants, one Junior ssistant and a T%#ist.
This 1ection deals with the following subjects:,
.. ll service matters of confidential nature including recommendation rolls for
8edals and wards.
*. "m#lementation of "ns#ections of offices b% all officers, 8anual 9rders and
orders of 4overnment issued from time to time on establishment matters.
=. 8aintenance of long rolls, 1.As F 1.&s.
0. 'orres#ondence relating to #a% and allowances and increments.
>. Eeave.
?. $ensions.
+. Billing u# of newl% created #osts as well as vacancies arising in the normal
course due to retirements, transfers, #romotions and other factors, #ostings, transfers,
watching the #rogress regarding filling u# of vacancies of all ranks in the Aureau and
#re#aration of #anels of officers of various cadres.
/. ll disci#linar% matters.
-. $ro#osals for additional staff, submission of #ro#osals for renewals of sanction
of staff etc.,
1 3 ' & 3 T
113
.:. 5elfare activities.
... 1tores.
.*. 8aintenance of records F "dentit% cards.
.=. Destruction of records.
.0. 8otor )ehicles and all related corres#ondence.
.>. ll other matters relating to 3stablishment.
*?0. (i) The ccounts and udit 1ection consists of one 9ffice 1u#erintendent,
one ccountant, * 1enior ssistants, . Junior ssistant and . T%#ist.
(ii) This section deals with the following subjects:,
.. ll accounts matters, im#lementation of 4overnment instructions issued
from time to time in ccounts matters and the instructions contained in the "ns#ection
8anual.
*. Audget #re#aration < ll budgetar% matters and corres#ondence.
=. 'om#liance re#orts on various udit re#orts.
0. 8aintenance of main H.D.$.&. and subsidiar% cash books
>. Dealing with cash transactions, and cash chest.
?. $re#aration of #a% bills of all ranks including su##lementar% #a% bills of
Head 9ffice staff members.
+. 8aintenance of B.'. 'hallan &egister.
/. 4.$.B. "nsurance, '.D and other advances.
-. &econciliations.
.:. ll matters relating to 'om#ulsor% De#osit 1cheme .-+0.
... ll T.. bills and related corres#ondence.
.*. Tour dvances < &ecou#ment etc.,
.=. 8aintenance of contingent register and #re#aration of contingent bills,
and related corres#ondence.
.0. Aus and &ailwa% 5arrants.
.>. Tele#hones.
.?. &ents, &ates and Ta;es.
1 3 ' & 3 T
114
.+. 1.&. 3;#enditure under 1.1.3.
./. Training 'ourses.
.-. "nward and 9utward work and miscellaneous corres#ondence.
(iii) The following &egisters will be maintained in the dministration
Aranch:
.. "nward &egister.
*. 9utward &egister.
=. ttendance &egister.
0. 'asual Eeave &egister.
>. Eong &oll &egister.
?. &egister of 1ervice Aooks.
+. $ersonal &egisters b% each ssistant.
/. T.. 'heck &egister.
-. Tour dvance &egister.
.:. $ermanent dvance &egister.
... $a% Aills &egister
.*. Bestival dvance &egister.
.=. Hndisbursed $a% &egister.
.0. House Auilding dvance &egister.
.>. 8otor '%cle and '%cle dvance &egister.
.?. 8arriage dvance &egister.
.+. Treasur% Aill Aook.
./. ##ro#riation &egister.
.-. &egister of 'ontingencies.
*:. "ncrement &egister.
*.. 1tationer% rticles 1tock &egister.
**. &egister of $rinted Aooks.
*=. &egister of Burniture etc.
*0. Eocal Ta##al &egister.
*>. $a% Aills 1chedule Bile.
*?. Eog Aooks.
*+. &egister showing re#airs, re#lacements and s#are #arts etc.,
1 3 ' & 3 T
115
*/. &egister showing the cost of #etrol, oil etc.,
*-. $.&. &egister
=:. 1.&. mounts &egister.
=.. 8.9. &egister.
=*. 1tock &egister of Hnserviceable rticles.
==. Trunk 'alls &egister.
*?>. Aoth the above sections will strictl% follow the instructions contained in the
District 9ffice 8anual in the maintenance of files, registers, office s%stem etc.
SPECIAL %RANCH
*??. The 1#ecial Aranch deals with all #etitions, en(uiries and investigations,
maintenance of records, research, #lanning, inde;ing etc.
*?+. This Aranch is divided into two sections < one is su#ervised b% 8anager,"
and the other b% 8anager,"". There are > 1.A. 'lerks in each section.
*?/. "n addition, the 8anagers will #ersonall% maintain 8aster &egister such as
Discreet 3n(uiries &egister, &egular 3n(uiries &egister and &egistered 'ases &egister,
besides Tra# $ermission &egisters and 1ource "nformation &egisters in res#ect of the
seats of 1.A. 'lerks working under them. The 1.A 8anagers will maintain consolidated
information in the said 8aster &egisters after collecting the information from the
registers maintained b% the 1.A. 'lerks working under them, so as to facilitate (uick
references as also for statistical #ur#oses. The 1.A. 'lerks shall maintain the following
&egisters:
.. $ersonal &egister.
*. $etitions &egister, including Discreet 3n(uiries
=. &egular 3n(uiries &egister.
0. &egistered 'ases &egister.
>. &egister showing en(uiries referred to the De#artmental uthorities for taking
de#artmental action and en(uiries referred to the Tribunal for Disci#linar%
$roceedings, H%derabad.
1 3 ' & 3 T
116
?. 'ourt 'ases &egister showing ##eals and Dis#osals
+. Biles 8ovement &egister.
*?-. The $eriodical returns &egister will be maintained b% the 8anager,"", who
will see that the #eriodical returns and statements are sent in time.
*+:. The Joint Directors should ins#ect the seats under their charge in the
1ecret Aranch once in ever% ? months and ins#ect at least one seat ever% (uarter. The
De#ut% Director (dmn) will ins#ect * seats in ever% (uarter in the dministration
Aranch consisting of 3stablishment 1ection and ccounts and udit 1ection.
*+.. Three co#ies of "ns#ection 7otes have to be made outG one co#% to be
maintained b% the 1.A. 'lerk or 1enior ssistant in a folder, the second co#% to be ke#t
with the Joint Director concerned and the third co#% to be routed to the Director through
the dditional Director. 'om#liance of the instructions contained in the "ns#ection 7ote
as well as of directions if an% of the dditional Director and Director will be re#orted on
the basis of remarks made on this co#% of the "ns#ection 7ote. fter it is seen b% the
dditional Director and Director, this co#% of the "ns#ection 7ote will also be filed in the
"ns#ection 7otes Bolder.
*+*. The 1.A. 'lerks will furnish a co#% of #unishment 8emos in all cases to the
&esearch F $lanning 'ell, where a file will be maintained for reference and use in
#re#aration of Half,%earl% and %earl% re#orts etc.,
*+=. 1.A. 8anagers < " and "", will conduct ins#ection of seats in their charge
once in two months regularl% and submit their "ns#ection &e#orts to the Director through
the dditional Director.
*+0. The 8anagers should also make sur#rise checks of the seats of the
concerned 1.A. 'lerks to ensure that all the currents are attended to #rom#tl% and
registers and files are maintained #ro#erl%.
1 3 ' & 3 T
117
*+>. fter the abstracts are #re#ared ever% month b% the 1.A. 'lerks, the
8anagers will check whether all currents have been #ro#erl% registered and the
abstracts are #re#ared correctl%.
*+?. 'o#ies of judgements in the cases of ac(uittals should be sent to the 1.A.
'lerk incharge of &ecords F "nde;ing 1ection who will go into the reasons for ac(uittals
in detail in consultation with the Eegal adviser, #re#are notes for each case and submit
them through the Joint Director concerned to the dditional Director and the Director for
information and further orders. fter #erusal b% the officers, where necessar%, the
&ecords F "nde;ing 1ection will issue circular instructions to all officers of the nti,
'orru#tion Aureau #eriodicall%.
RESEARCH 4 PLANNING CELL
*++. This 'ell deals with the following subjects :,
(i) 8atters relating to organisation, #olic%, and #rocedure
(ii) ##reciation re#orts about modes of corru#tion.
(iii) 1#ecial #rogrammes of work, stud% of various t%#es of cases and various
de#artments etc.
(iv) ll corres#ondence and general (uestions relating to #olic%, $rocedures etc.
(v) )igilance and 1ecurit% in the nti,'orru#tion Aureau.
(vi) $eriodicals vi2., 8onthl% and Half < %earl%, s#ecial and nnual &e#orts
regarding working of the nti,'orru#tion Aureau and various statistics.
(vii) "ssue of "nstructions and 'irculars to officers of .'.A. on various matters
#ertaining to 'rime work
(viii) $ublicit% and $ublic &elations.
(i;) ll work relating to the nnual $rogramme of work of the nti,'orru#tion
Aureau.
(;) '.A.". 'onference.
1 3 ' & 3 T
118
*+/. Aesides dealing with all general matters relating to #olic%, #rocedure,
organisation, statistical returns as mentioned above, this cell also attends to #re#aration
of a##reciation re#orts regarding modes of corru#tion in various 4overnment
De#artments and 1tate 4overnment undertakings and #re#aration of notes for taking
ste#s for eradication of corru#tion in 4overnment De#artments etc., com#ilation and
maintenance of lists of notoriousl% corru#t officers, revision of .'.A. 8anual,
#re#aration of such other notes and reviews on general matters as ma% be re(uired,
com#ilation of list of .'.A. 9fficers of doubtful integrit%, kee#ing watch over securit%
arrangements in .'.A. Head 9ffice, &ange 9ffices and District 9ffices, scrutin% of
&e#orts of the 'om#troller and uditor,4eneral of "ndia in res#ect of 1tate 4overnment
Hndertakings of ndhra $radesh, and other udit &e#orts, all work relating to the
nnual $rogramme of work of .'.A. etc.,
*+-. This section will be under the charge of 8anager, who will be res#onsible
for the work and efficienc% of this section and also &ecords F "nde;ing 1ection. He will
work under the su#ervision of a Joint Director and the dditional Director and Director.
The Joint Director will be directl% res#onsible for arrangements to be made for
'onferences and monthl% and (uarterl% meetings. He will also assist the dditional
Director and Director in su#ervising and co,ordinating the #rogramme of work of .'.A.
regarding )igilance and nti,'orru#tion and will arrange High level )igilance co,
ordination 8eetings between the Director, .'.A. and im#ortant Heads of
De#artments@1tate 4overnment Hndertakings. He will kee# the Director and dditional
Director informed of all matters of interest or im#ortance relating to his work.
RECORDS 4 INDE#ING
*/:. The &ecords F "nde;ing 1ection will deal with the following subjects :,
(i) 8aintenance of 9ld Biles and &ecords relating to 1.A. 1ections and
8aintenance of &egisters.
1 3 ' & 3 T
119
(ii) "nde;ing of all en(uiries Discreet 3n(uiries, $reliminar% 3n(uiries, &egular
3n(uiries and &egistered 'ases.
(iii) 8onthl% and Puarterl% meetings, etc., and communication of $roceedings.
(iv) 1tud% of Judgment co#ies to find out defects and la#ses in the
investigation@en(uiries and observations of 1#ecial Judges etc., and submission of
7otes to the Eegal dviser, nti,'orru#tion Aureau for anal%sis.
(v) nnual 'onferences etc.,
(vi) 8aintenance of old Biles and &ecords relating to 1.A. 1ections and
8aintenance of &egisters.
*/.. fter dis#osal of en(uiries, the concerned 1.A. 'lerk will send the file and
relevant records if an% to the &ecord 1ection dul% giving #age numbers etc., through the
8anager concerned and obtain signature of the &ecord ssistant. The 1.A. 'lerk will
make entr% in the &egister of Biles closed and in the &egister of &ecords and kee#
them at the a##ro#riate #laces with the assistance of the &ecord ssistant. The records
should be arranged as #er the instructions mentioned under Head K'ha#ter,N""" of
&ecordsL of the District 9ffice 8anual.
*/*. &ecords should be destro%ed #unctuall% after the e;#ir% of #eriods
#rescribed in the 4overnment 8emorandum 7o. ***?@1'D@++,*, 4eneral
dministration (1'.D) de#artment, dated .:
th
8arch, .-/:.
(ii) "nde;ing of all en(uiries < Discreet 3n(uiries, $reliminar% 3n(uiries, &egular
3n(uiries and &egistered 'ases.
*/=. The object of the "nde; 1ection is to build u# a store house of information
regarding #ublic servants and such other #ersons@firms@concerns etc., as were involved
in offences investigated b% the nti,'orru#tion Aureau : or in res#ect of whom "nde;
'ards are re(uired to be maintained, and to su##l% such information to the "nvestigating
9fficers for the #ur#ose of their location and identification.
1 3 ' & 3 T
120
*/0. The "ncharge of "nde; 1ection shall :,
(a) $re#are and maintain u#todate inde; cards in res#ect of #ublic servants,
other #ersons@firms@concerns etc.,
(b) $re#are and revise lists of the individuals or firms@concerns banned or
debarred either under the standardi2ed codes or under the "m#ort Trade 'ontrol 9rders,
.->>.
*/>. "nde; 'ards are maintained for all #ersons, firms etc., involved in D.3s.,
&.3s., and &egistered 'ases from the %ear, .-?. onwards and also in those &.'s. and
&.3s. of #revious %ears in which investigation, trial or de#artmental action was
concluded after the %ear, .-?..
*/?. The cards will be #re#ared and maintained under the a##ro#riate
categories and the% will be arranged al#habeticall% under each categor%. "nde; 'ards
shall be maintained in this section for :
(a) $ublic 1ervants, e;ce#t 'lass,") 3m#lo%ees.
(b) $rivate $ersons@#arties@concerns etc., involved in .'.A. 'ases along with
#ublic servants.
(c) $ublic 1ervants of 1tate 4overnment undertakings, 'or#orations, Aoards
etc.,
(d) $rivate #ersons@firms@concerns etc., who are banned or debarred from
business, either under the standardi2ed codes or under the "m#ort Trade 'ontrol 9rder,
.->>.
(e) $ersons or #arties who are in the habit of sending com#laints or giving
information and against whom there is reasonable sus#icion that the% are indulging in
black mailing or who are sus#ected of deriving undue advantage.
(f) $rivate Detective gencies, whether run individuall% or jointl%.
*/+. The cards against $ublic 1ervants shall contain the following items :,
.. 7ame of the 9fficer F liases
*. $arentage.
1 3 ' & 3 T
121
=. Date of birth
0. Date of entr% into 4overnment 1ervice
>. Designation
?. &eferences
+. "nformation
*//. The cards for #rivate #ersons shall contain the following columns:,
.. 7ame of the individual and liases
*. $arentage
=. Date of birth@ge
0. 9fficial or Ausiness address
>. &esidential ddress
?. $ermanent Home ddress
+. &eferences
/. "nformation
*/-. The name cards for firms@concerns@organisations@ societies shall contain
the following information :,
.. 7ame
*. ddress
=. llied concerns
0. 8anaging Director@$ro#rietor@$artners
>. 7o. of D.3@$3@&3@&' with date of registration
?. "nformation@7ature of allegations in brief
7ote:, "nformation means the information received or the allegations mentioned in the
B.".&. shall be recorded.
*-:. The final orders #assed regarding the dis#osal of the case as well as the
result of the trial or de#artmental action shall be noted on the inde; cards. The results
will be noted b% using brief nomenclatures such as conviction, ac(uittal, discharge,
dismissal, removal or reduction etc., mentioning the reference of the de#artment.
1 3 ' & 3 T
122
*-.. s soon as a D.3. or &.3. or &.'. is registered, the 1.A. 'lerk incharge of
this section shall collect the #articulars from the concerned &egister and o#en the "nde;
card with available information. fter com#letion of the en(uir%, all columns have to be
filled in.
*-*. The 1.A. 'lerk should furnish a note fortnightl% that he has collected all
information from the &egisters of D.3s., &.3s and &.'s and o#ened the "nde; 'ards.
He shall also submit a note that he had filled in other details in the "nde; 'ards after
submission of final re#orts to 4overnment and after recei#t of final orders in the
en(uiries@&.'s. The 8anager in,charge will check u# this as#ect #eriodicall%, and give
a re#ort to the su#eriors to the effect that the "nde; 'ards are #re#ared and com#leted
in all res#ects to the e;tent #ossible.
*-=. 5henever an% information is re(uired form the "nde; 1ection, a re(uisition
has to be issued. record of re(uisitions will be maintained %ear,wise b% the "nde;
1ection as well as b% the &e(uisitioning 9fficer. ll re(uisitions should be attended to
s%stematicall%.
*-0. The "nde; card for a #ublic servant shall be maintained till the date of his
leaving service. 1imilarl% "nde; cards for firms@#rivate #ersons etc., shall be maintained
for .: %ears from the date of last decision or till the closure of firms or death of #ersons.
5eeding out of inde; cards in this manner shall be done once in a %ear. 5henever
cards are destro%ed, the fact of destruction should be entered in the "nde; 'ards
&egister and initialled in each case b% the 8anager.
*->. The 8anager will e;ercise close su#ervision and control over the "nde;
1ection. He will check some cards and files #eriodicall% to ensure that the work is being
done correctl% and #rom#tl%.
*-?. The Joint Director concerned will ins#ect the work of the 1ection once in a
half %ear and submit a re#ort.
1 3 ' & 3 T
123
(iii) Puarterl%, Half,%earl% and nnual 8eetings etc., and communication of the
$roceedings.
*-+. The 1.A. 'lerk will communicate the date of Puarterl%, and Half,%earl%
8eetings and nnual 'onference to all the concerned well in advance. fter recei#t of
subjects from the officers, genda will be #re#ared for Puarterl% F Half,%earl%
8eetings@nnual 'onference and communicated to all concerned well in advance of the
8eetings@'onference. He will also #re#are draft #roceedings after the
meetings@conference and submit to the Director, .'.A. through the concerned. fter
the a##roval of the draft, fair co#ies will be made and communicated to all the
concerned officers of .'.A. Bollow,u# action in #ursuance of the decisions taken in the
meetings@conference will be taken whenever necessar%.
(iv) 1tud% of Judgement co#ies to find out defects and la#ses in the
investigation@en(uiries and observations of 1#ecial judges etc., and submission of
7otes to the legal dviser,cum,1#l. $ublic $rosecutor, .'.A., H%derabad for anal%sis.
*-/. ll 1.A. 'lerks, on recei#t of co#ies of Judgments of either 1#ecial 'ourts,
or High 'ourt of 1u#reme 'ourt, should mark a co#% of Judgement to the &ecords and
"nde;ing 1ection forthwith. The 1.A. 'lerk will go through the co#% of Judgement in
detail and submit his re#ort to the Eegal dviser,cum,1#ecial $ublic $rosecutor meant
for this #ur#ose along with co#% of judgment for anal%sis. 9n the basis of anal%sis of
judgements b% Eegal 9fficer in ac(uittal cases, #articularl% #ointing out la#ses or
defects in investigation or other legal as#ects, the 1.A. 'lerk will submit a draft circular
to be sent to all ".9s for a##roval of the Director so that the ".9s ma% tr% to avoid similar
la#ses, omissions or commissions in future.
*--. The Joint Director incharge of &.$.'. and &ecords F "nde;ing 1ection will
also e;ercise su#ervision and control over all items of work of the section.
1 3 ' & 3 T
124
CHAPTER #$I
PU%LICIT)
=::. $rom#t #ublicit% in res#ect of cases@en(uiries of the nti,'orru#tion Aureau
resulting in conviction or de#artmental #unishment and such other successful
o#erations of the nti,'orru#tion Aureau as indicated in the following #aragra#hs is
essential and should be done b% releasing to the #ress carefull% vetted information
about them.
=:.. $ublicit% through $ress communi(uTs can be made on the following
occasions:,
(i) 1uccessful search or la%ing of a tra#G
(ii) ctual filing of a charge,sheet in a 1#ecial 'ourtG
(iii) 'onviction in a 'ourt of Eaw cases in which substantial sentences of
im#risonment or heav% fines have been im#osed.
(iv) De#artmental #unishment,cases in which orders for dismissal or removal
from service have been #assed as a result of disci#linar% #roceedings.
=:*. n% release to the #ress must be made onl% b% the Director.
=:=. The $ress communi(uT should ordinaril% give the name of the accused
#erson (where #ermissible), his designation, the sentence or #unishment awarded to
him, and thereafter the charges #roved should be mentioned. n% other #oints of
interest might later be mentioned e.g., heav% amount involved in an embe22lement,
heav% amount taken as bribe, value of goods forfeited b% the 1#ecial 'ourt etc., various
tactics ado#ted b% the accused to dela% the trial should be mentioned. The $ress
communi(uT should end b% sa%ing that the case was investigated b% the (7ame of the
&ange).
1 3 ' & 3 T
125
=:0. 5here 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 #ublicit% being given
of the #erson involved, the de#artment to which he belongs and the nature of the
allegations but no name need be given.
=:>. "nformation of searches and sei2ures should be #rom#tl% communicated b%
the concerned &ange 9fficers to the Head 9ffice so that the information ma% be
furnished to the $ress without loss of time.
=:?. 5hen cases are taken to a 1#ecial court against an officer, #ublicit% ma%
be given, as soon as the case is #ut in the court, regarding the nature of the offence and
the designation of the officer. The name of the officer should not be #ublished.
=:+. "n cases in which officers are #rosecuted 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.
=:/. "n cases which are not taken to a court, but in which onl% de#artmental
action is taken, no #ublicit% should be given till the conclusion of such #roceedings.
=:-. "n disci#linar% cases not ending in a major #unishment, #ublicit% ma% be
given regarding the designation of the officers, details of the cases and the #unishment
awarded to them. "n no case, should the names be #ublished.
=.:. "n disci#linar% cases ending in a major #unishment like dismissal, removal
or com#ulsor% retirement, the name, designation, de#artment and all other #articulars
should be #ublished. However, no #ublicit% should be given to the name of the officer
reduced in rank as the #erson concerned will be still in service.
=... $ublicit% in res#ect of #ersons convicted or on whom major #unishments
are inflicted should be done #eriodicall% over the &adio, T.). and in the $ress, even b%
wa% of #aid advertisements, under the ca#tion KDo %ou 6nowLU K'orru#tion does not
#a%L etc.,
1 3 ' & 3 T
126
CHAPTER / #$II
LEGAL ASSISTANCE FOR THE %UREAU
=.*. Eegal assistance is available to the Aureau in the form of 'hief Eegal
dviser, 1#ecial $ublic $rosecutors, and the Director and the ddl. Director of
$rosecutions, who are all Eegal dvisers to the Director, besides the 1tanding 'ounsel
for the High 'ourt.
=.=. The 1#ecial $ublic $rosecutors are incharge of #rosecution of .'.A. cases
in the 'ourts of 1#ecial Judges for .'.A. cases (4.9.&t.7o.*0*, 4.. (1',D) De#t.,
dated *+
th
Bebruar%, .-?-).
=.0. Eegal dvisers furnish written o#inion in res#ect of all regular en(uiries and
regular cases on recei#t of final re#ort #art," from D.1.$. of the &ange concerned. Then
o#inion will be attached to the final re#orts and sent to the 4overnment with the re#ort
of the Director. "n cases where there are lacunae in investigation which re(uire further
investigation, the Eegal dviser advises the Director accordingl% and the Director
arranges for further investigation. The Eegal 9fficers should not de#end entirel% on the
final re#ort of the "nvestigating 9fficer nor base their comments onl% on what is stated
therein. The% should e;amine case diaries, material documents, e;hibits etc., before
offering their comments. The% will be held res#onsible for the #oints mentioned b%
them in their comments.
=.>. "n case where criminal #rosecution is to be launched, the legal officer, who
gave the final re#ort $art,"", should scrutini2e the charge sheets and ensure that ,,,
(a) the% are #re#ared in accordance with the law and are com#lete and correct in
all res#ectsG
(b) the list of witnesses and documents are correctl% entered in the charge,sheet
or attached theretoG
1 3 ' & 3 T
127
(c) no names of witnesses or documents necessar% to #rove the #rosecution can
be omittedG
(d) no defects or omissions in the investigation #ointed out b% them have
remained unrectified or une;#lained.
( 'A Head 9ffice 1tanding 'ircular 7o./@+= (&c.7o.*?@1*@+=), dated *+
th
#ril, .-+=).
=.?. The Eegal dviser,cum,1#ecial $ublic $rosecutor should also be consulted
in the matter of interim attachment of #ro#erties and other legal #roblems that ma% arise
during the course of investigation of cases.
=.+. The Eegal dviser,cum,1#ecial $ublic $rosecutor and the Director F ddl.
Director of $rosecution will furnish a return ever% month b% the *
nd
of the succeeding
month, to the Director, nti,'orru#tion Aureau, showing the #endenc% of nti,'orru#tion
Aureau cases in the 1#ecial JudgeJs 'ourt and the #rogress made in each case during
the #receeding month.
=./. The Eegal dviser,cum,1#ecial $ublic $rosecutor will be res#onsible to see
that summons to witnesses etc., are issued from the concerned 'ourts in #ro#er time
and handed over to the concerned &ange 9fficers@"nvestigating 9fficers, for causing
service on the concerned.
=.-. He will ensure that warrants are obtained for the arrest of absconding
accused #ersons and that necessar% action is taken under sections /* and /= of 'r.$.'.
=*:. He will also assist and advise the "nvestigating 9fficers whenever re(uired
for taking further course of action on legal #oints arising during the course of
"nvestigation.
=*.. He will kee# the Director@ddl. Director, .'.A. informed of all im#ortant
matters concerning the work of the 'ourt concerned etc.
1 3 ' & 3 T
128
=**. He will submit court diaries about the cases being conducted b% him in time
to the Directorate showing all develo#ments in all cases under his charge. He will also
#erform such other duties as ma% be allotted.
=*=. The Director of $rosecutions and ddl. Director of $rosecutions attend to
the work in the Tribunal for Disci#linar% #roceedings. The% work directl% under the
Director@ddl. Director, nti,'orru#tion Aureau.
=*0. fter com#letion of investigation@en(uir% of cases, the concerned Eegal
9fficer will be consulted for his o#inion. The Director@ddl. Director will take a decision
whether to #rosecute the .9. or #lace the .9. before T.D.$. or to recommend for
de#artmental action kee#ing the o#inion of the Eegal 9fficer in view.
=*>. The 'hief Eegal dviser ma% give his o#inion in all im#ortant cases
(&egistered cases and &egular 3n(uiries) in which his advice is sought b% the
Director@ddl.Director. 4enerall%, the% will be cases of dis#ro#ortionate assets and
tra#s against senior ga2etted officers and serious irregularities committed b% engineers
and other technical #ersonnel at senior levels. He ma% also conduct #rosecution in
im#ortant cases that ma% be marked to him b% the Director.
=*?. He will give his remarks on all ac(uittals and suggest further course of
action as well as remedial measures to avoid such la#ses in future.
=*+. He will #ut u# draft circulars on legal as#ects of cases and
en(uiries@investigations in the light of rulings of High 'ourts and 1u#reme 'ourt,
outcome of .'.A. cases in the 1#ecial 'ourts, and Tribunal for Disci#linar%
$roceedings etc.
=*/. He will attend to such other legal work as ma% be entrusted to him b% the
Director@dditional Director in relation to the functioning of the nti,'orru#tion Aureau.
1 3 ' & 3 T
129
=*-. The 1tanding 'ounsel will maintain liaison with the High 'ourt and
1u#reme 'ourt and will look after and #ursue all a##eal cases. He will a##ear
#ersonall% and argue cases of nti,'orru#tion Aureau in a##eals filed before the High
'ourt of ndhra $radesh and .$. dministrative Tribunal.
==:. He will also a##ear as $resenting 9fficer in en(uiries against 9fficers,
where s#ecificall% a##ointed before 'ommissioners of 3n(uiries. He ma% also handle
im#ortant cases as ma% be entrusted to him before the 1#ecial Judge for 1$3 and 'A
'ases. He will also give o#inion in nti,'orru#tion Aureau cases whenever asked for
b% the Director@dditional Director.
1 3 ' & 3 T
130
CHAPTER / #$III
SPECIAL COURT FOR ANTI-CORRUPTION %UREAU CASES
==.. ll cases charge,sheeted b% the nti,'orru#tion Aureau under the
$revention of 'orru#tion ct or under 1ections .?. to .?>, of the ".$.'. are to be filed
before the 1#ecial Judge for nti,'orru#tion Aureau cases at H%derabad or
)isakha#atnam, as the case ma% be. These offences are triable b% a 1#ecial Judge
onl% under section + (.) of the 'riminal Eaw mendment ct of .->*.
==*. The 1#ecial 'ourts send summons to the concerned "nvestigating 9fficers
of nti,'orru#tion Aureau for all official and non,official witnesses for causing service on
them. 1ummons intended for service on official witnesses, are sent to the concerned
de#artments for service in time with a re(uest to send the acknowledged summons
direct to the 1#ecial 'ourt. Bor this #ur#ose, the "ns#ectors have to ensure that the
summons issued b% the 'ourt of the 1#ecial Judge are served e;#editiousl% and the
served summons are sent back to the 'ourt sufficientl% earl% so that the 1#ecial Judge
could know which witnesses are attending, and which witnesses are not, to enable him
to so arrange the trial work that it is com#leted e;#editiousl%. The "ns#ectors incharge of
the case should #ersonall% attend the court during all the dates of hearings, #articularl%
when im#ortant witnesses are to be e;amined.
1 3 ' & 3 T
131
132
CHAPTER / #I#
TRI%UNAL FOR DISCIPLINAR) PROCEEDINGS
===. The Tribunal for Disci#linar% $roceedings e;isting in the erstwhile H%derabad
1tate was continued in the enlarged 1tate of ndhra $radesh after its formation on .,..,
.->?.
==0. 5hen the evidence against an officer is not sufficient for #rosecuting him in
a court of law, the 4overnment ma% decide to #lace the officer whose basic #a% is not
less than &s.?::, on his defence before the Tribunal for Disci#linar% $roceedings.
However, officers whose #a% is less than &s.?:: but against whom similar charges have
been held #roved or who figure as co,accused can also be #laced on their defence
before the TD$ for a joint en(uir% with officers whose #a% is not less than &s.?::.
==>. The Tribunal is assisted b% the Director of $rosecutions and dditional
Director of $rosecutions, who lead evidence on behalf of the nti,'orru#tion Aureau.
7ormall% there is a Director or an dditional Director of $rosecutions attached to each
8ember of the T.D.$. Aesides this, the 4overnment have also made a #rovision that the
Director or dditional Director of $rosecutions shall lead the #rosecution evidence in
addition to or in lieu of the ".9. of the .'.A. on behalf of the 4overnment
(4.9.&t.7o.+-., 4.. (1'.D) De#t., dt.>,>,?>, .0--, dt.*+,/,??, 4.9.8s.7o.../=, dt.
*:,-,?? and 4.9.8s.7o.0>., (1er.') De#t., dt. *-,=,??).
==?. The Tribunal after it com#letes an en(uir% against a 4overnment
1ervant charged, submits its re#ort to the 4overnment along
with its recommendations. The matter is thereu#on finall% decided
b% the 4overnment, along with the final order, a co#% of the Tribunal
re#ort is made available to the nti,'orru#tion Aureau b% the 4overnment
1 3 ' & 3 T
133
(4overnment 8emo.7o.*=.+@1er,D@+=, 4.. (1er.D) De#artment, dt.*>,?,.-+0).
==+. The Director, nti,'orru#tion Aureau ma% #eruse the re#ort of the Tribunal
for Disci#linar% $roceedings to check if there has been an% failure on the #art of
#rosecution and take suitable remedial measures thereon if necessar%. 7o comments
are to be made b% the nti,'orru#tion Aureau on the re#ort (including the findings) of the
T.D.$.
1 3 ' & 3 T
134
CHAPTER / ##
ACTION AGAINST RETIRED GO$ERNMENT SER$ANTS
==/. 9n the retirement of a 4overnment 1ervant, the 'onduct &ules shall cease
to a##l%. Hence, no in(uir% falling within the sco#e of the 'onduct &ules and
'lassification, 'ontrol and ##eal &ules, can be started against a retired 4overnment
1ervant. There is, however, no such embargo if the subject matter of in(uir% attracts the
#rovisions of "ndian $enal 'ode, like misa##ro#riation, forger%, cheating, #ossession of
dis#ro#ortionate assets and the like, where an in(uir%@investigation would be necessar%
as a #relude to the institution of 'riminal $roceedings against a retired 4overnment
1ervant. "n such cases, an in(uir%@investigation ma% be conducted b% the .'.A. till a
#rima facie case is made out and a re#ort submitted. 9n a consideration of this re#ort,
the com#etent authorit% ma% #ass a##ro#riate orders.
==-. Though a retired 4overnment 1ervant is not governed b% the #rovisions of
the 'onduct &ules, for the #ur#oses of fi;ation, regulation and #a%ment of #ension, he is
governed b% the #rovisions of the ndhra $radesh $ension 'ode or the H%derabad 'ivil
1ervices &ules, as the case ma% be. The #rovisions of the ndhra $radesh $ension
'ode or the corres#onding #rovisions of the H%derabad 'ivil 1ervices &ules in
accordance with which in(uiries can be taken u#, with or without limitation of time factor,
are discussed hereunder.
=0:. "f it is #ro#osed to continue .'.A. en(uiries after the retirement of a
4overnment 1ervant, such en(uiries can onl% result in criminal #rosecution or action
under article =>., =>., or 0+: of the .$. $ension 'ode or &ules *=/, *=-, *=-, or
*=> and *=? of the H%derabad 'ivil 1ervices &ules. 3;tracts of the above #rovisions
are at nne;ure,)"".
1 3 ' & 3 T
135
=0.. "n order that such action ma% be taken under the $ension 'ode, the
following guidelines ma% be followed:
(a) The .'.A. shall intimate the com#etent authorit% through the 4overnment that
an .'.A. en(uir% is #ending and the #ension of the officer shall not be finali2ed, #ending
com#letion of the en(uir%. There is, however, no objection to the sanction of #rovisional
#ension.
(b) ction under rticle 0+: of the $ension 'ode can be taken before the #ension
is sanctioned without an% formal en(uir%, but a show cause notice shall be issued and
re#l% considered before #ension is reduced.
(c) ction under rticle =>., of the $ension 'ode can be taken onl% in res#ect of
matters which are not more than four %ears old on the date of service of the
memorandum of charges.
=0*. n officer ma% be allowed to retire when the in(uir% has alread% been
entrusted to the TD$@De#t., (including service of the memorandum of charges) in cases
where #unishment, if an%, to be inflicted, can onl% be reduction in #ension. "n cases of
this t%#e where the officer was #laced under sus#ension be%ond the date of
su#erannuation, he ma% be retired immediatel% after the service of the memorandum of
charges on him. "f no such memorandum has been served on the officer or if he has not
been #laced under sus#ension, no en(uir% can be taken u# b% the Tribunal against such
officer, after retirement as he would no longer be a 4overnment servant.
=0=. 'riminal #rosecution can be instituted against 4overnment 1ervants even after
their retirement. The #rovisions of the $revention of 'orru#tion ct, are a##licable to all
$ublic 1ervants, irres#ective of the fact whether the% were in service or not at the time
when #rosecution was launched. The mere fact that a #ublic servant ceased to be a
#ublic servant after the commission of the offence would not absolve him of
his crime. $rosecution under sections .?. and or .?> "$' &@5 1ection
> (.) (a) and > (*) of the $revention of 'orru#tion ct, is not controlled or restricted
1 3 ' & 3 T
136
or trammalled in an% manner b% the $ension 'ode. The #rovisions of the $ension 'ode,
ma%, if at all, be relied on, onl% for safeguarding the #ension and cannot be #ressed into
service to defeat a #rosecution. The #eriod of 0 %ears contem#lated under article =>.,
of the $ension 'ode cannot be utili2ed for avoiding #rosecution under section .?. or
.?> "$' &@5 section > (.) (a) and > (*) of the $revention of 'orru#tion ct. &etirement,
resignation, dismissal or removal of a #ublic servant would not absolve him of the
offence which he had committed while in service, ($.). )enkatavardhan )s. The
1tate of Tamilnadu 8EJ. .-+- 'r.*+>).
1 3 ' & 3 T
137
138
CHAPTER / ##I
LIAISON AND CO-OPERATION +ITH AND %) OTHER DEPARTMENTS
=00. "n cases where the 4overnment gives a direction to the nti,'orru#tion
Aureau to conduct regular en(uiries, the Heads of De#artments and de#artments of
1ecretariat should not #roceed with #arallel en(uiries and the% should hand over all the
connected records and also co,o#erate with or assist the officials of the nti,'orru#tion
Aureau during the course of the en(uiries. (4overnment 8emo. 7o.*/0/@1'D@??,*,
4eneral dministration (1'.D) De#artment, dated */,.:,.-??).
=0>. 'ollectors working in Districts are the 'hief )igilance 9fficers of their
res#ective districts. The District nti,'orru#tion Aureau "ns#ectors shall meet the
res#ective 'ollectors of districts #eriodicall%, not less than once a month and ac(uaint
him with the state of corru#tion in services in the district.
=0?. nti,'orru#tion Aureau 9fficers, will not take u# an% en(uir% at the instance
of an% de#artmental authorit%@'ollector but should do so onl% on recei#t of orders from
the Director. (.'.A. Head 9ffice 1tanding 'ircular 7o.? (?>@'A@?+) Dt. .0,?,.-++).
1 3 ' & 3 T
139
140
CHAPTER / ##II
RECORDS5DOCUMENTS' COLLECTION' CUSTOD) AND RETURN OF
DISCREET EN(UIR) &
=0+. 5hen a discreet en(uir% is ordered, the original #etition forming the basis of
the Discreet 3n(uir% will be sent to the &ange D.1.$. along with two co#ies, retaining
one co#% in the Head 9ffice. The range D.1.$. retains one co#% in his office and sends
the original #etition along with the second co#% to the "ns#ector, if the discreet en(uir% is
entrusted to the latter. 9n com#letion of 3n(uir%, the original #etition will be sent along
with the discreet en(uir% re#ort to the Director.
=0/. Bor #erusal or collection of records available with the 4overnment,
re(uisitions have to be sent from the Directorate. Therefore, ".9s. should write to the
Head 9ffice for addressing the 4overnment for #erusal of #articular records or to make
them available to the ".9. s the files of the 1tate 1ecretariat often contain minutes of
8inisters, 'abinet decisions, etc., the% are not to be made available without sufficient
justification.
REGULAR EN(UIRIES &
=0-. The Heads of De#artments or 9ffices shall, when called u#on to do so,
normall% furnish the relevant official records for reference to 9fficer of the nti,'orru#tion
Aureau not below the rank of De#ut% 1u#erintendent of $olice in res#ect of cases
against 4a2etted 9fficers and an "ns#ector or his e(uivalent in rank in the .'.A. in
res#ect of cases against 7on,4a2etted 9fficers. "n the cases of e;tremel% confidential
and #rivileged documents, orders of the 4overnment will be taken before the records are
handed over to the re(uisitioning authorit%.
=>:. "n the course of regular or o#en en(uir%,
the nti , 'orru#tion Aureau can take over #ossession of such official
1 3 ' & 3 T
141
records as are re(uired from the de#artments concerned for reference and use in the
&egular 3n(uir%@&egistered 'ase. 5itnesses also have to be e;amined with reference
to the records. The ".9s. of the .'.A. should list out the records re(uired in a #articular
en(uir% on the basis of the allegations and re(uisitions have to be made to the
concerned Heads of De#artments@9ffices b% the concerned De#ut% 1u#erintendents of
$olice, for su##l% of the said records. 5herever necessar% such re(uisitions should be
made in consultation with the Technical and 1#ecialist 9fficers of the Aureau vi2., the
De#ut% Director (Borests), the De#ut% Director (3ngg.), the De#ut% Director (&evenue)
and ssistant Director ('ommercial Ta;es) as the case ma% be. De#ut%
1u#erintendents of $olice can similarl% address Heads of De#artments for su##l% of
nnual "mmovable $ro#ert% 1tatements of the ccused 9fficer and also call for
#articulars of #ro#erties in the #roformae statements su##lied b% the nti,'orru#tion
Aureau.
=>.. 5hen #roduction of records from a Head of De#artment@9ffice is sought, the
nti,'orru#tion Aureau should, ,
(a) state the #articulars of records which are re(uired in connection with the
en(uir% indicating the reasons for #erusal of each of such recordsG
(b) make the re(uisition from an officer not below the rank of a D.1.$. of the
Aureau.
(4ovt. 8emo.7o. .-?0@1'.D@+=,0, 4eneral dministration (1'.D) De#artment, dt.
.>,=,.-+>)
=>*. &egarding records with the 4overnment, the Director, nti,'orru#tion
Aureau should be re(uested b% the concerned ".9. for addressing the 4overnment to
su##l% the records available with the 4overnment for use in the &egular
3n(uir%@&egistered 'ase. "n the re(uisition to the 4overnment, the Director, .'.A.,
should state the #articulars of records re(uired for en(uir% indicating reasons for #erusal.
1 3 ' & 3 T
142
=>=. "n cases where records such as vouchers, che(ues, etc., are re(uired from
the office of the ccountant < 4eneral, .$., the ".9. should address the Director, .'.A.
who in turn will address the .4., .$., H%derabad to hand,over the documents re(uired
to the ".9. (VV 'ircular 7o.*.@d@>/,$D, dt. =:,0,+- from the 'A" (8H) 7ew Delhi,
Er.7o.0=:>@Tech. dmn. .@*+>,?+, dt. .-,..,?/ from 'om#troller F uditor,4eneral of
"ndia, 7ew Delhi and 4ovt. 8emo. 7o.*00.@1'D@+?,*, 4enl. dmn (1'.D) De#t., dt.-,>,
.-++). "n the 9ffice of the .4., #hotostat co#ies of the document(s) re(uired b% the ".9.
are taken and handed over to the ".9. "n cases where the documents are voluminous,
co#ies ma% be made b% microfilming instead of #hotostat co#ies, #rovided the cost on
microfilming is com#arativel% less than #hotostating. 9rders have been issued b% the
'om#troller F uditor,4eneral of "ndia, 7ew Delhi, that a branch officer in,charge of
administration in each audit office is nominated as Eiaison 9fficer for the #ur#ose of
arranging deliver% of original records to the ".9. on #ro#er re(uisition from the com#etent
authorit%. The ".9. should contact the Eiaison 9fficer in the concerned section of the
.4Js. 9ffice and take his hel# for securing the re(uired records. The records will be
delivered after obtaining the a##roval of the concerned D..4., D..., or the .4. as
ma% be necessar%.
=>0. "t is #ermissible under the "ncome,ta; ct, .-?., subject to the #rovision of
an% notification issued under section .=/ (*) of the ct, to obtain an% information in
res#ect of the assessment of an% assessee and also ask for the ins#ection of
assessment records or an% other information contained therein either b% making
an a##lication under section .=/ (.) of the ct, or b% sending a re(uisition under section
-. 'r.$.'. or from an% list of assesses #ublished b% the 'entral 4overnment under
section ./+ of "ncome,ta; ct. This latter source of information would not
ordinaril% be available, as the 8inistr% of Binance do not #ro#ose to #ublish
assessment figures in all cases. The ".9s. of .'.A. should therefore obtain the
1 3 ' & 3 T
143
re(uisite information as a rule, b% sending a re(uisition under section -. 'r.$.'. of .-+=
instead of making an a##lication under section .=/ (.) of the "ncome Ta; ct, .-?..
=>>. (.) The 4overnment have communicated in 8emo. 7o../::@1',D@/0,*,
4eneral dministration (1',D) De#artment dt. =:,.,.-/> and in endorsement
7o.*0>@1',D, 4eneral dministration (1',D) De#artment, dt. 0,>,.-/>, two notifications
issued b% the 4overnment of "ndia. The notification in 1.9. 7o.?.:. issued b% the
4overnment of "ndia, 8inistr% of Binance (De#artment of &evenue) dt. /,.,.-/> is as
follows:,
K1.9. ?.:.: "n #ursuance of 1ub,'lause (ii) of 'lause (a) of 1ub,1ection (.) of
1ection .=/ of the "ncome Ta; ct .-?. (0= of .-?.), the 'entral 4overnment hereb%
authori2es all 'lass " 9fficers of the nti,'orru#tion Aureau, H%derabad for the #ur#oses
of the said 1ub,'lauseL.
(*) The 7otification issued in 1.9. 7o.?.-? is as follows:
K"n #ursuance of 1ub,'lause (ii) of 'lause (a) of 1ub,1ection (.) of 1ection .=/ of
the "ncome,Ta; ct, .-?. (0= of .-?.), the 'entral 4overnment hereb% s#ecifies the
Director, nti,'orru#tion Aureau, H%derabad, 4overnment of ndhra $radesh and an%
other officer dul% authori2ed b% him in writing in res#ect of a s#ecific case for the
#ur#oses of the said sub,clauseL.
(=) "n #ursuance of the above two notifications, the ".9s. of the .'.A. can
re(uisition during &egular 3n(uiries, the re(uired information through the Head 9ffice b%
filing an a##lication in Borm 7o.0? in terms of 1ection .=/ (.) (b) of the "ncome Ta; ct,
.-?. read with rule ..= of the "ncome,Ta; &ules.
=>?.(.) "n all the &egistered 'ases, the "9s can invoke the inherent #owers vested in them as
officers incharge of $olice 1tations and make written re(uisitions under section
1 3 ' & 3 T
144
-. (.) 'r.$.'. to the "ncome,ta; officers in whose #ossession the re(uired income,ta;
documents@files are available to make them available for #erusal and scrutin%. 5here
co#ies of such income ta; documents@files are re(uired, the ".9s. should take
#ossession of the relevant #a#ers after giving #ro#er acknowledgment, get ;ero; co#ies
made in a da% or two and return the originals.
(*) The 'ommissioners of "ncome,Ta;, .$. in a Joint 'ircular 8emo. )ide ref. H(rs.
"@'on.@/0,/>, dt.=:,0,.-/> have issued instructions to all the "ncome,Ta; 9fficers and
"ns#ecting ssistant 'ommissioners of "ncome,Ta; in .$. stating that 1ection .=/ of the
"ncome Ta; ct does not create a bar to a##l% for re(uisition under section -.@-0 'r.$.'.
which give definite #ower to a court or to an officer,in,charge of a $olice 1tation for the
#ur#ose of seeking #roduction of documents. The% have further clarified that since the
Directorate as well as all District 9ffices of the .'.A. have been notified as $olice
1tations, an% re(uisition from the .'.A. 9fficers concerned will have to be com#lied with
in view of the s#ecified #owers conferred on them under section -.@-0 of the 'r.$.'.
=>+. "t should be considered as sufficient com#liance of an order under section
-. 'r.$.'. b% Aanks or $ublic 9ffices if the re(uired documents or books are shown or
#roduced at the Aank $remises or in $ublic 9ffices as the case ma% be. ".9s. should
not insist on an officer of the Aank attending and #roducing the records at an% #lace
other than the Aank $remises.
=>/. Hnder 1ection >,(*) of the $revention of 'orru#tion ct, .-0+, certified co#ies
of the relevant entries relating to the accounts in the AankerJs Aooks of an% #erson
sus#ected to have committed an% offence under 1ections .?., .?>, .?>, "$'
or 1ection > of the $revention of 'orru#tion ct, .-0+, or of an% other #erson
sus#ected to be holding mone% on behalf of such #erson can be taken or caused
to be taken and the bank concerned is bound to assist in the e;ercise of these #owers. These
1 3 ' & 3 T
#owers can, however, be e;ercised onl% b% a $olice 9fficer em#owered to investigate
under 1ub,1ection (i) of 1ection >, of the $revention of 'orru#tion ct, .-0+G #rovided
145
that it shall not be e;ercised b% a $olice 9fficer below the rank of a 1u#erintendent of
$olice, unless he is es#eciall% authori2ed on this behalf b% a $olice 9fficer of or above
the rank of a 1u#erintendent of $olice.
=>-. "n cases where the connected records are re(uired simultaneousl% b% the
.'.A. and also the De#artment in an% disci#linar% #roceedings and the recei#t of files
taken b% the .'.A. cannot be awaited and further action is urgentl% called for without
loss of time, the De#artments of 1ecretariat or the Heads of De#artments or 'ollectors
ma% obtain authenticated e;tracts or #hotostat co#ies of the relevant #ortions of the
record with a view to dis#ose of #ending disci#linar% cases or an% other urgent matter
which cannot wait till the return of files b% the .'.A. (4ovt. 8emo.7o.00=@1'D@+/,*,
4enl. dmn. (1'.D) De#t., dt. =,?,.-+/).
=?:. "f an% information or records are re(uired from the De#artments of other 1tates
in connection with en(uiries or investigations, the "ns#ectors should send re(uisitions to
the Director, .'.A., who will in turn address the 1tate 4overnment for collection of
information or records from the De#artments of other 1tates (4.9.8s.7o.>/*, 4enl.
dmn. ($olitical,A) De#artment, dt. *?,-,.-?/, F .'.A. Head 9ffice
8emo.7o.+.@1*@+:, dt.>,.:,+:).
=?.. ll records so collected will be ke#t in the safe custod% of the ".9. after #ro#erl%
inde;ing and #utting #age numbers. 'are should be taken to ensure that the records
are not destro%ed b% termities or an% other source or otherwise tam#ered with (.'.A.
Head 9ffice 8emo, &c.7o.=/@1*@?/, dt. .-,*,.-?/).
=?*. During the course of investigation of cases registered under the $revention
of 'orru#tion ct or under 1ections .?., or .?> or .?> , ,"$'., the
".9. can invoke #owers to sei2e records under 1ection -0, .:* and .?> 'r.
1 3 ' & 3 T
$.'. immediatel% after a tra# and house search, records relevant to the case and
incriminating documents should be sei2ed under a search list either from the office or
146
residential #remises (or both) of the .9. $ermission of the 1#l. Judge for 1$3 F 'A.,
H%derabad, should be obtained to retain such records as are needed for investigation
#ur#oses and the remaining records should be sent to the 'ourt. co#% of such search
list under which the records were sei2ed should be furnished to the .9. under
acknowledgement.
=?=. ll records so collected should be ke#t in safe custod% of the ".9 after #ro#erl%
inde;ing them and giving #age numbers.
=?0. "f from information received or otherwise, the ".9. of the .'.A. has reason to
sus#ect the commission of an offence which he is em#owered to investigate under sub,
section (.) of section >, of $.'. ct and considers that for the #ur#oses of investigation
or in(uir% into such offence, it is necessar% to ins#ect an% bankerJs books, then,
notwithstanding an%thing contained in the law in force, he ma% ins#ect an% bankerJs
books in so far as the% relate to the accounts of the #erson sus#ected to have
committed that offence or of an% other #erson sus#ected to be holding mone% on behalf
of such #erson. He will take or cause to be taken certified co#ies of the relevant entries
therefrom, and the bank concerned shall be bound to assist the ".9. of the .'.A., in the
e;ercise of his #owers under this sub,section.
=?>. $rovided that no #owers under this sub,section in relation to the accounts of
an% #erson shall be e;ercised b% a $olice 9fficer below the rank of a 1.$., unless the
"ns#ector of $olice, D.1.$. .'.A. is s#eciall% authori2ed in this behalf b% a $olice
9fficer of or above the rank of a 1u#erintendent of $olice. Therefore, the D.1.$.,
"ns#ector of $olice, 'A, whoever conducts investigation should first come u# with a
re(uisition for issue of authori2ation b% the Joint Director@ddl. Director@Director, 'A,
before e;ercising this #ower.
1 3 ' & 3 T
=??. "f 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
147
accused officer, those houses can also be searched after obtaining warrants either from
a Birst 'lass 8agistrate or in accordance with 1ection .?> of the 'riminal $rocedure
'ode.
=?+. long with re#ort of &egular 3n(uir%, the records connected with the en(uir%
and the statements of witnesses in original have to be sent to the 4ovt. Therefore, the
9fficer incharge of the &ange should invariabl% furnish to the Head 9ffice along with his
final re#ort, all the connected records whether an allegation has been held
substantiated or not and the statements of all witnesses in original. "n cases registered
and investigated under the $revention of 'orru#tion ct, the case diar% file also should
be submitted to the Head 9ffice.
=?/. long with the draft final re#ort, the D1$@"ns#ector should enclose an "nde;
&e#ort. This "nde; &e#ort should be #re#ared as #er the instructions issued in 'ircular
8emo 7o..@1.@++, dt..=,>,.-++ to contain lists of witnesses and documents etc. "n
res#ect of criminal cases, this re(uirement is covered b% the memo of evidence.
=?-. Two lists of records should also be sent along with the records to the head
office in a sealed envelo#e and acknowledgement should be obtained.
RECORDS TO %E SENT TO DEPARTMENTS FOR CONDUCTING DEPARTMENTAL
EN(UIR)
=+:. 9n the basis of the recommendations of the Aureau if the case is referred b%
the 4ovt. to the De#artment concerned for instituting disci#linar% #roceedings, the
relevant statements of witnesses in original and records #ertaining to the allegations
held #roved against the accused officer should be sent to the concerned Head of the
De#artment from the Head 9ffice or b% the "nvestigating 9fficer on recei#t of 4ovt.
orders.
1 3 ' & 3 T
148
=+.. fter dis#osal of the de#artmental en(uiries b% the de#artments concerned and
issue of final orders, the records will be returned to the Director, .'.A., b% the
concerned de#artments along with a co#% of final orders issued b% them. 5hile
communicating a co#% of the final orders to the ".9., the Director will also intimate about
recei#t of the records in the Head 9ffice. The concerned "ns#ector will then collect the
records from the Head 9ffice and return them under #ro#er acknowledgement to the
office(s) from which the% were obtained. 9nl% after doing so, will the file be closed b%
the ".9.
=+*. "n res#ect of the allegations held not #roved, all the records relating to such
allegations collected from the concerned offices, should be returned wherever #ossible
b% the concerned "ns#ectors of $olice, under #ro#er acknowledgment after the% are
received from the Head 9ffice. This should be done within a month.
EN(UIRIES AGAINST OFFICERS OF THE ALL INDIA SER$ICES AND OTHER
SENIOR OFFICERS OF THE STATE GO$ERNMENT.
=+=. "n res#ect of disci#linar% cases arising out of investigations or en(uiries b% the
.'.A. against officers of .".1. or other senior 9fficers such as Heads of De#artments,
the 4ovt. ma% re(uire that draft charges ma% be furnished to them. The Aureau should
furnish to the 4ovt. along with the draft charges, a statement of im#utations against the
delin(uent officer concerned together with original statements of witnesses. ll records
connected with the disci#linar% en(uir% should also be sent to the 4ovt. in the
administrative de#artment concerned, if the% have not alread% been submitted along
with the final re#ort of the Aureau.
=+0. The D.1.$. of the &ange concerned should #re#are the draft charges and
furnish the original statements of witnesses and relevant records to the Head 9ffice,
who in turn will transmit them to the 4overnment after scrutin%.
1 3 ' & 3 T
149
=+>. fter an 3n(uir% 9fficer@"n(uir% uthorit% is a##ointed and all the relevant
records and documents are sent to him b% the 4overnment, 4overnment a##oint either
the Director or the dditional Director of $rosecutions as $resenting 9fficer to #resent
the case for the #rosecution, during the en(uir%. The concerned D.1.$.@"ns#ector should
assist the $resenting 9fficer in #re#aring the case, leading evidence for the #rosecution
before the 3n(uir% 9fficer@"n(uir% uthorit% and in getting relevant documents filed as
e;hibits, etc.
=+?. fter the com#letion of the en(uir%, the "n(uiring uthorit% submits his re#ort and
relevant records to the 4ovt., who after dis#osal of the case, sends a co#% of the final
orders and return the records to the Director, .'.A. The concerned "ns#ector should
then collect the records from the Head 9ffice and return them under #ro#er
acknowledgement to the office(s) from which the% were obtained. 9nl% after returning
all the records, the files should be closed b% the ".9.
RECORDS TO %E FILED %EFORE THE T.D.P.
=++. 9n recei#t of orders of the 4ovt. that the case has been referred to the T.D.$., the
Head 9ffice will instruct the concerned D.1.$.@"ns#ector to file the records and
statements of witnesses in original before the TD$ within a week ('A
H.9.8emo.7o.>+@1.@?-, dated ..,..,?-). 5hile filing the records, the following #oints
have to be borne in mind and #rocedure observed, in #re#aring list of documents etc.,
('A H.9. 8emo.7o.-=@1.@?/, dated ..
th
1e#tember, .-?- and 4ovt. 8emo. 7o../*=,
1er.D@?/,.0, 4enl. dmn. (13&,D), De#artment, dated .=,-,.-?/)
.. Eist of documents together with a list 9nl% relevant records
of references leading to those docu, and documents and not
ments on which the case or the #ro, the entire file in which
secution is based. these documents or re,
ferences are contained.
*. &ecords in original as #er the list men,
tioned at 1.7o. . above.
=. 'o#ies of statements of witnesses as
re(uired b% the TD$ de#ending on
number of charged 9fficers.
1 3 ' & 3 T
150
=+/. fter filing the documents etc. com#liance re#orts should be submitted to the
Director, followed b% #rogress re#orts till the closure of the en(uir%.
=+-. fter com#letion of the en(uir% before the TD$, the relevant records are sent to
the 4overnment along with its re#ort b% the Tribunal.
RECORDS TO %E FILED IN THE SPECIAL 3UDGE6S COURT&
=/:. 5ith regard to criminal cases, on recei#t of sanction orders from the com#etent
authorit% according #ermission to #rosecute the accused officer in a 'ourt of Eaw, the
Head 9ffice will immediatel% send the sanction order to the concerned D.1.$. for
instructing the concerned "ns#ector to file the charge,sheet in the 1#ecial 'ourt, for
1$3 F 'A 'ases, H%derabad within a fortnight in consultation with the concerned
D1$ and the E..,cum,1#l.$.$. The concerned "ns#ector should accordingl% file
charge,sheets in the 1#ecial JudgeJs 'ourt for 1$3 F 'A cases, within a fortnight with
all relevant records. True co#ies of the relevant #ortions of records should be ke#t
read% 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.
TRI%UNAL FOR DISCIPLINAR) PROCEEDINGS &
=/.. fter dis#osal of the case b% the 4overnment on the basis of the finding of the
Tribunal for Disci#linar% $roceedings, the 4overnment sends a co#% of final orders
alongwith relevant records to the Director, .'.A. "n this case also, the instructions
given above will hold good.
CRIMINAL CASES IN SPECIAL 3UDGE6S COURT&
=/*. fter collection of records from the 1#l. JudgeJs 'ourt, the concerned
"ns#ector@D.1.$. should return the records to the concerned De#artments@9ffices onl%
after the e;#ir% of a##eal time, and after consulting the E.,cum,1#l.$.$.
1 3 ' & 3 T
151
DISPOSAL OF RECORDS IN EN(UIRIES NOT PRO$ED&
=/=. "n all en(uiries which are held not #roved and dis#osed of as such b% the
4overnment, the "ns#ector@D.1.$s. on recei#t of instructions from the Directorate,
should return all relevant records that were collected b% them, other than statements of
witnesses, etc., to the concerned de#artments@offices under #ro#er acknowledgement.
MAINTENANCE OF DOCKET SHEETS REGARDING THE MO$EMENT OF
RECORDS &
=/0. Docket sheet should be maintained b% the ".9. showing #articulars such as date
of re(uisition, recei#t and sending of records to Head 9ffice, and their recei#t on return
from Head 9ffice etc. The Head 9ffice should also maintain the docket sheet showing
the movements of the records to the 4overnment or other offices, etc.
=/>. The records should be returned to the 9ffice from which the% were obtained as
far as #ossible b% the 9fficer who brought the records soon after the cases are
dis#osed of. cknowledgements should be obtained for the records returned to the
concerned office and ke#t in the concerned files for use in future. Biles relating to all
t%#es of en(uiries@investigations should be closed onl% after all the records have been
returned to the concerned offices and after intimating the Head 9ffice about the return
of the records to the concerned officers.
1 3 ' & 3 T
152
CHAPTER / ##III
SUSPENSION AND DISMISSAL.
=/?. 1us#ension of a 4overnment 9fficial should be recommended b% the Director,
nti,'orru#tion Aureau, to the concerned de#artment in the following instances :,
(.) s soon as a tra# is successfulG
(*) s soon as a case is registered and a house search is made and #rima facie
evidence is available about #ossession of dis#ro#ortionate assetsG
(=) $ublic interest should be the guiding factor in deciding the (uestion of #lacing
a 4overnment servant under sus#ension and the disci#linar% authorit% should have the
discretion to decide this, taking all factors into account. The circumstances in which a
disci#linar% authorit% ma% consider it a##ro#riate to #lace a 4overnment servant under
sus#ension are laid down b% the 4overnment,)ide instructions in 4overnment
8emo.7o.0:.@1er.'@?>,., 4enl. dmn. (1er.') De#artment, dated *+
th
Bebruar% .-?>G
(0) 5here a &egular 3n(uir% is in #rogress against a 4overnment 9fficial and
#rima facie evidence is available to show that the en(uir% is likel% to end in the dismissal
of the officer concerned, the Director ma% e;amine whether sus#ension is called for in
such cases or more transfer would do and recommend accordingl% to the 4overnment.
=/+. The consolidated instructions issued b% the 4ovt. in their 8emo.
7o.+?/@1er.'@/=,., 4enl. dmn. (1ervices,') De#artment, dated *>,/,.-/= are
e;tracted hereunder :
K1everal e;ecutive instructions were issued b% 4overnment to su##lement the
#rovisions of the ndhra $radesh 'ivil 1ervices ('') &ules on the (uestion of the
1 3 ' & 3 T
153
circumstances which would justif% #lacing a 4overnment em#lo%ee under sus#ension
#ending en(uiries etc. The gist of some of the im#ortant instructions was
communicated in 8emo.7o..0+:@1er.'@++,*, dated *?,.*,.-++. few other
instructions on the subject of sus#ension were also issued from time to time. "n s#ite of
the above, en(uiries are being received on the (uestion fre(uentl%, from the
De#artments of 1ecretariat. "t is, therefore, considered desirable to communicate the
following im#ortant and fre(uentl% re(uired instructions, some of which have alread%
been included in the 8emorandum cited, for information of the de#artments of
1ecretariat and Heads of De#artments. These instructions are onl% to su##lement and
clarif% the #rovisions contained in the ndhra $radesh 'ivil 1ervices ('lassification,
'ontrol and ##eal) &ules, .-?=.
*. "n 8emo. 7o.0:.@1er,'@?>,., 4.. (1er.') De#artment, dated *+,*,.-?>
instructions were issued that 4overnment 1ervants ma% be #laced under sus#ension
under the following circumstances:,
(i) 'ases where continuance in office of the 4overnment servant will #rejudice
the investigation, trial or an% in(uir% (e.g. a##rehended tam#ering with witness or
documents):
(ii) 5here the continuance in office of the 4overnment servant is likel% to
seriousl% subvert disci#line in the office in which the #ublic servant is workingG
(iii) 5here the continuance in office of the 4overnment servant will be against the
#ublic interest (other than those covered b% (i) and (ii) such as there is a #ublic scandal
and it is necessar% to #lace the 4overnment servant under sus#ension to demonstrate
the #olic% of the 4overnment to deal strictl% with officers involved in such scandals
#articularl% of corru#tionG
(iv) 5here allegations have been made against the 4overnment servant
and the #reliminar% en(uir% has revealed that a #rima facie case is made
out which would justif% his #rosecution or his being #roceeded against in
1 3 ' & 3 T
154
De#artmental #roceedings and where the #roceedings are likel% to end in his conviction
and@or dismissal, removal or com#ulsor% retirement from serviceG
7ote: (a) "n the first three circumstances, the disci#linar% authorit% ma%
e;ercise his discretion to #lace 4overnment 1ervant under sus#ension even when the
case is under investigation and before a #rima facie case has been established.
(b) 'ertain t%#es of misdemeanour where sus#ension ma% be desirable in the
four circumstances mentioned are indicated below:
(i) n% offence or conduct involving moral tur#itudeG
(ii) 'orru#tion, embe22lement or misa##ro#riation of 4overnment mone%,
#ossession of dis#ro#ortionate assets, misuse of official #owers for #ersonal gainG
(iii) 1erious negligence and dereliction of dut% resulting in considerable loss
to 4overnmentG
(iv) &efusal or deliberate failure to carr% out written orders of su#erior officers.
=. "n confidential 8emo.7o.*:0@1er.'@+?,=, 4.. (1er.') De#t., dt. =.,>,.-+?, it has
been directed that the officers tra##ed in corru#tion be #laced under sus#ension
immediatel% and that if there is likel% to be an% interregnum between the tra# and the
actual relief of the tra##ed officer after being #laced under sus#ension, the com#etent
authorities should consider whether the officers could be transferred immediatel% so that
material evidence is not destro%ed and that arrangements should be made to relieve
tra##ed officers forthwith.
0. "n 8emo. 7o. 0//@1er.'@/.,., 4.. (1er. '), dated *.,0,.-/.,
it was clarified that #ublic interest should be the guiding factor in
deciding the (uestion of #lacing a 4overnment servant under sus#ension.
"t was also clarified that as and when criminal charges are framed b% a
1 3 ' & 3 T
155
com#etent court against a 4overnment 1ervant, the disci#linar% authorit% should
consider and decide the desirabilit% of #lacing such a 4overnment servant under
sus#ension if he is not alread% under sus#ension.
>. "n 8emo. 7o.**.=@1er.'@??,A, 4.. (1er.'), dated =:,..,.-?? instructions
were issued that in order to ensure that sus#ension is not resorted to for sim#le
reasons, the 4overnment have decided that where the reinstating authorit% held that
the sus#ension of the em#lo%ee was wholl% unjustified and it made an order that for the
#eriod of sus#ension, the em#lo%ee concerned be #aid full #a% and allowances,
#roceedings should be initiated under rule .- of .$.'.1. ('lassification, 'ontrol and
##eal) &ules against the officer who sus#ended the em#lo%ee and the (uestion of
recover% from the #a% of such officer the whole or #art of the #ecuniar% loss caused to
the 4overnment due to #a%ment of #a% and allowances under B.&. >0 should be
considered.
?. ccording to 8emo.7o..--=@1er.'@?>,0, 4.. (1er.') dated */
th
December,
.-?> where the work and conduct of an em#lo%ee who is a##ointed tem#oraril% are not
satisfactor%, he need not be #laced under sus#ension #ending en(uir% as it involves
financial loss to 4overnment nor should disci#linar% action be taken against him but he
should be discharged in terms of his a##ointment, b% an innocuous order so as to avoid
com#lications.
+. "n 8emo. 7o..+==@1er.'@?+,*, 4.. (1er.'), dated =,/,.-?+ instructions were
issued that instead of #lacing an em#lo%ee under sus#ension #ending investigation into
grave charge, the desirabilit% of transferring him to some other #lace or to allow him to
go on leave ma% be considered.
/. s #er the instructions issued in the 8emo. 7o.-:0@1er.'@?+,.,
dated *-,>,.-?+, the necessit% for continuance or otherwise of a 4overnment
em#lo%ee under sus#ension is re(uired to be reviewed b% the 4overnment at
1 3 ' & 3 T
156
"ntervals of not more than ? months. The object is to ensure that 4overnment
em#lo%ee #laced under sus#ension is not continued under sus#ension indefinitel%, and
that the necessit% or otherwise for his continuance is reviewed #eriodicall% b%
4overnment so that if in an% case it is felt that the further continuance of the
4overnment em#lo%ee involves undue,hardshi#, necessar% relief ma% be granted,
either b% revoking the order of sus#ension and restoring him to dut% or allowing him to
#roceed on leave.
-. "t was laid down in the 8emo. 7o.-:0@1er.'@?+,., dt. *-,>,.-?+ that in cases
of sus#ension and review, the following #rocedure ma% be ado#ted.
(a) where an em#lo%ee is sus#ended the order ma% be so drawn u# that he is
sus#ended, #ending en(uir%, until further orders.
(b) when u#on a review which ma% be ordinaril% made at intervals of not more
than si; months, it is considered that he should be continued under sus#ension, the
order that ma% be made after such review ma% be as follows:
KThe 4overnment have reviewed the case of 1ri ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, who
is under sus#ension #ending en(uir% and the% have decided that he shall continue
under sus#ension. The ne;t review will be taken u# at the end of si; months from the
date of this orderL.
.:. ccording to the instructions issued in 8emo. 7o.=?>@1er.'@+-,.,
4eneral dmn. (1ervices,') De#t., dt. ..,?,.-+:, the cases of all officers
who are, under sus#ension for si; months irres#ective of the fact,
whether the cases are under investigation b% the .'.A. or #ending
en(uir% before the Tribunal for Disci#linar% $roceedings or a de#artmental authorit% or
#ending trial before the 'ourt of 1#ecial Judge for 1$3 and 'A cases or
#ending with the 4overnment, will have to be reviewed b% the 4overnment
and the 4overnment should have ade(uate and sufficient material before them
1 3 ' & 3 T
157
to judge the necessit% or otherwise of the continuance of the sus#ension. The Director,
.'.A. should send his re#orts to the 4overnment not onl% in res#ect of cases which
are under investigation b% the .'.A. but also in cases #ending en(uir% before the
Tribunal for Disci#linar% $roceedings and trial in the court of the 1#ecial Judge for
1#ecial $olice 3stablishment and .'.A. 'ases. He need not, however, send re#orts in
cases where en(uiries are being conducted b% De#artmental uthorities or in cases
#ending with the 4overnment after of the re#ort recei#t of Tribunal for Disci#linar%
$roceedings and the Judgment of the 1#ecial Judge for the 1#ecial $olice
3stablishment and .'.A. 'ases.
... "n 8emo. 7o..?0:@/.,., 4.. (1er.'), dated *,.,/* instructions were issued,
that in all cases of alleged mal#ractices relating to Eeave Travel 'oncession,
sus#ension need not be resorted but disci#linar% action ma% however, be initiated and
that de#ending u#on the outcome of the disci#linar% action, necessar% further action
ma% be taken either to recover the amount fraudulentl% drawn or@and award suitable
#unishment as #er K'lassification, 'ontrol and ##eal &ulesL.
DISMISSAL&
=//. s soon as a case ends in conviction or ac(uittal of a 4overnment 1ervant,
the nti,'orru#tion Aureau should submit a re#ort to the 4overnment in this regard.
=/-. 'o#ies of Judgments of lower courts ma% be furnished to the 4overnment
for information and all corres#ondence relating to taking u# the matter in a##eal should
be made with the administrative de#artment concerned.
1 3 ' & 3 T

158
CHAPTER / ##I$
+ITNESSES TURNING HOSTILE
=-:. 5itnesses turning hostile during the stage of disci#linar% #roceedings or
court trial in cases #rocessed b% the nti,'orru#tion Aureau #ose a serious #roblem, as
this effects the efficient functioning of the Aureau and reflects on the (ualitative out,turn
of the nti,'orru#tion Aureau. ccused 9fficers involved in nti,'orru#tion Aureau
cases are likel% to tr% ever% method to win over witnesses so that the% esca#e
disci#linar% action@trial and #unishment. "t is, therefore, im#ortant for the nti,'orru#tion
Aureau to ensure that witnesses like #ancha%atdars are selected from among 4ovt.
1ervants, #referabl% 4a2etted 9fficers from different de#artments who are known to be
of good character and integrit%. "n tra# cases, the "nvestigating 9fficer should, besides
ascertaining the reliabilit% of the com#lainant who figures as the main witness, also brief
him about the im#ortance of tendering true evidence at ever% stage and highlight the
undesirable effects of resiling from his com#laint. 'ases should be dealt with
e;#editiousl% at various stages, so that witnesses do not suffer from loss of memor% or
lose interest in the #rosecution. 9ften, after an accused officer is transferred or
sus#ended, the local witnesses lose interest as their cause of action is more or less
mitigated after the e;it of the accused officer from the #ost held b% him. "n cases of this
t%#e, the interest of the witnesses should be sustained b% a##ealing to their sense of
moral res#onsibilit% and social obligations to #ursue action against corru#t elements to
their logical conclusion, so that societ% is cleansed of corru#t officers to the e;tent
#ossible. Bor this #ur#ose, it might be advantageous if the "nvestigating officers kee# in
constant touch with such witnesses.
1 3 ' & 3 T
159
=-.. "n the case of witnesses who do not fall under the above categories, it is not
#ossible to #ick and choose them as the% are the witnesses either having direct
knowledge of the instance, having been #resent at the time of occurrence or witnesses
who s#eak to facts relating to the incident based on documentar% evidence. "n cases of
this t%#e, the evidence should be safeguarded b% either getting their statements
recorded under section .?0 'r.$.'. in criminal cases or b% obtaining their signed
statements during en(uiries.
=-*. witness who has voluntaril% given a statement to an officer of the nti,
'orru#tion Aureau during an en(uir%@investigation, but goes back on it when he is
e;amined during the disci#linar% #roceedings@trial and contradicts the essential
ingredients of his earlier statement, can be declared as a hostile witness.
=-=. The (uestion of witnesses turning hostile will generall% arise in the following
situations:,
I. (a) 1igned #etitions: $etitioner turning hostile during nti,'orru#tion Aureau
#reliminar% 3n(uir%@&egular 3n(uir%.
(b) 'om#laint &egistered as a 'riminal 'ase:, 'om#lainant turning hostile
during 'ourt trial.
(c) 'om#laint registered as a 'riminal 'ase:, 'om#lainantJs evidence fortified b%
a .?0 'r.$.'. 1tatementG com#lainant turning hostile during trial of the criminal case.
II. (a) 1igned statements of witnesses obtained during &egular 3n(uir% :,
=-0. The 5itness ma% turn hostile, (i) at the time of de#artmental en(uir% or (ii)
before the Tribunal for Disci#linar% $roceedings, or (ii) even during the course of en(uir%
itself, b% sending affidavits to the Director or to the "nvestigating 9fficer himself #leading
that the% gave their earlier statements under duress.
1 3 ' & 3 T
160
III. 5itnesses whose statements are recorded under .?0 'r.$.':,
=->. The witnesses ma% turn hostile during hearing of the case in court.
I$. 1igned statements given b% the 4ovt. 1ervants as witnesses in non,statutor%
en(uiries like &egular 3n(uiries etc:,
=-?. 4ovt. 1ervants who figure as witnesses and some times as $ancha%atdars
in &egular 3n(uiries (and sometimes $reliminar% 3n(uiries) and give signed statements
to the investigating 9fficer ma% turn hostile during disci#linar% $roceedings.
=-+. Bor #ur#ose of instituting action against witnesses who turn hostile in
criminal cases relating to judicial #roceedings, no distinction can be drawn between
civilians and #ublic servants. This distinction is #ossible onl% in res#ect of non,statutor%
en(uiries where #ublic servants (4ovt. 1ervants) figure as witnesses and later turn
hostile.
=-/. ction can be taken against hostile witnesses either b% wa% of #rosecution
under ".$.'. 1ections, vi2., ./*, .-= or *.. or under 'onduct &ules = (.) and =
(*) where 4ovt. 1ervants are concerned, and sec. =00 (.) 'r.$.'. lso if a witness,
turns hostile in the court of the 1#ecial Judge for 1$3 and 'A 'ases and if the
#rosecution succeeds in establishing that the witness had deliberatel% made two
statements which are so contradictor% and irreconcilable with each other, that one of
them cannot #ossibl% be true, he can be convicted of #erjur%, even without its being
#roved as to which one of them was not true.
=--. The #rocedure for initiating action under each of the ".$.'.@'r.$.'.
$rovisions@'onduct &ules is as follows:,
1 3 ' & 3 T
161
I. CASES ARISING U5S 182 I.P.C.
0::. 1ection ./* ".$. ' contains #enal #rovisions against com#lainants who
having given a false com#laint to a #ublic servant, set the law in motion with mala fide
motive, (4ovt. 8emo.7o.=0*?@1'D@??,-, dt..,+,?/ of 4.. (1'.D) De#t.)
0:..The #rocedure to be followed for initiating action under section ./* ".$.'. is
outlined in 1ection .-> (.) 'r.$.'. The officer to whom the com#laint is given or a
su#erior officer under whose administrative control that subordinate officer is, should file
a written com#laint before the 8agistrate having jurisdiction.
0:*. 1uch a com#laint can be made in cases where a signed com#laint was
given and the com#lainant subse(uentl% turns hostile, either during the trial or en(uir%
or disci#linar% #roceedings b% sending affidavits contrar% to his original signed
com#laint. "n this case, the mere giving of a false com#laint against a #ublic servant to
an officer of the nti,'orru#tion Aureau is made #unishable.
II. CASES ARISING UNDER SECTION 193 I.P.C.&
0:=. 1ection .-= ".$.'. contains #enal #rovisions against #ersons who
intentionall% give false evidence in an% stage of a judicial #roceedings.
0:0. There must be a finding b% the 'ourt that the witness is guilt% of the offence
of #erjur% b% giving false evidence or fabricated evidence, for taking action under this
section.
0:>. MENS REA is an essential ingredient of the evidence of #erjur%. The
mere fact that a statement made b% a witness turns out to be wrong or inaccurate
does not make him liable for #unishment. He must make the statement deliberatel%
and must know or believe it to be false or must not believe it to be true. 5hen a
witness makes two contradictor% statements intentionall% and there is nothing to
1 3 ' & 3 T
162
show that the earlier statement was wrong and was corrected b% the subse(uent
statement and he does not admit that he had committed a mistake in making the earlier
statement and when the #rosecution charges him in the alternative with making one of
the two statements as false, he is liable to be convicted for #erjur%.
0:?. The #rocedure to be followed for initiating action under section .-= "$' is
outlined under section .-> (.) 'r.$.'. The 'ourt or a su#erior court which has
administrative control over the court, must file a written com#laint before the concerned
8agistrate having jurisdiction.
0:+. This section does not a##l% to #roceedings before the Tribunal for
Disci#linar% $roceedings.
III. CASES ARISING UNDER SECTION 211 I.P.C.
0:/. 1ection *.. ".$.'. contains #enal #rovision against a #erson who institutes
or causes to be instituted criminal #roceedings to cause injur% to another #erson b%
false evidence etc.,
0:-. The #rocedure that has to be followed in a case under this section is as
enumerated under section .-> (.) 'r.$.'. re(uiring the filing of a com#laint in writing b%
the #ublic servant concerned or b% some other #ublic servant to whom he is
administrativel% subordinate.
0.:. 1ection *.. ".$.'. does not also a##l% to en(uiries before the Tribunal for
Disci#linar% $roceedings.
0... These three sections i.e., 1ections ./*, .-= and *.. ".$.'. are a##licable
e(uall% to 4overnment servants and #rivate #arties.
I$. CASES COMING UNDER ANDHRA PRADESH CI$IL SER$ICES CONDUCT"
RULES 3 1" 4 2" &-
0.*. ction can be taken under the ndhra $radesh 'ivil 1ervices ('onduct) &ules, .-?0
against 4overnment 1ervants, who having figured as witnesses, turn hostile under
1 3 ' & 3 T
163
the following situations, for misconduct, (4overnment 8emo.7o..//?@1'D@+0,., 4.
(1',D) De#t., dated *-
th
9ctober, .-+0).
(.) 4overnment 1ervants who after giving signed statements, turn hostile during
the #reliminar% en(uir% or regular en(uir%, de#artmental en(uir% or before the Tribunal
for Disci#linar% $roceedings.
(*) 4overnment 1ervants who after giving statements under section .?0 'r.$.'.
turn hostile before the 'ourt.
(=) 4overnment 1ervants who figure as witnesses to a #anchanama but turn
hostile during the trial or en(uir%.
0.=. The #rocedure for taking action for misconduct under &ule = (.) and (*) of
ndhra $radesh 'ivil 1ervices ('onduct) &ules, .-?0 against such 4overnment
1ervants is to invoke the #rovisions of &ule / (.) of the ndhra $radesh 'ivil 1ervices
('lassification, 'ontrol F ##eal) &ules and initiate disci#linar% action against them.
$. CASES THAT MA) ARISE UNDER SECTION 344 1" C7.P.C.&
0.0. 5hile delivering the Judgement, if the court comes to the conclusion that a
witness had willfull% and knowingl% given or fabricated false evidence with intent to use
such evidence during the #roceedings, it ma% take action against such witness under
section =00 (.) 'r.$.'.
0.>. "n such a case, the trial 8agistrate ma% tr% him summaril% for the said
offence.
0.?. 4overnment or $ublic 1ervant making a false com#laint against another
4overnment or #ublic servant is as much liable for #rosecution under the relevant
#rovisions of the "ndian $enal 'ode as in the case of an% other member of the #ublic.
The language used in the relevant sections of the "ndian $enal 'ode does not in an%
wa% make a distinction or difference between a 4overnment or $ublic 1ervant and a
8ember of the #ublic in the matter of commission of an offence or $rosecution for such
offences.
1 3 ' & 3 T
164
CHAPTER / ##$
MAINTENANCE OF GENERAL DIAR)
0.+. 1ince all &ange 9ffices in,charge of the De#ut% 1u#erintendents of $olice
and 9ffices of District "ns#ectors in the nti,'orru#tion Aureau are declared as $olice
1tations, it would be incumbent to act according to the #rovisions of the 'riminal
$rocedure 'ode. Therefore a 4eneral Diar% in the usual #ro forma has to be
maintained in all &ange 9ffices and in the 9ffices of the District "ns#ectors of $olice.
The Diar% is intended to chronicle all im#ortant events and activities relating to the
Aureau. The following among other matters, shall be entered in the Diar%:,
(i) 9#ening and closing of the diar%.
(ii) 1ubstances in brief of cases taken u# for investigation b% the &ange
D.1.$@District "ns#ector. n entr% should be made #rom#tl% on registration of B.".&. etc.
(iii) 3ffecting of searches.
(iv) 1ei2ure of #ro#ert% suo motu or under section -= (.) and (=) 'r.$.'. and its
immediate dis#osal.
(v) 3ffecting of arrests with or without warrants and the immediate dis#osal of the
arrested #ersons.
(vi) &ecei#t and immediate manner of e;ecution of 8agistrateJs 9rder under
section .>0, .>>, .>? and .>- 'r.$.'. and 1ection >, of $' ct "" of .-0+
.
(vii) $erformance of de#artmental duties b% the &ange 9fficers and District
"ns#ectors i.e., assistance afforded to another &ange 9fficer@District "ns#ector or some
other $olice genc% etc.
0./. The Dair% will be written u# from / a.m. to / #.m. dail% e;ce#t on 1unda%s and
$ublic Holida%s. "t will also be written at an% other time when this becomes necessar%
1 3 ' & 3 T
165
on account of an% im#ortant or serious occurrence or activit%. 3ntries will be made in
se(uence in #oint of time. The Diar% will be written in du#licate and the carbon co#% will
be sent to the Head 9ffice through the Joint Directors concerned.
0.-. The 4eneral Diar% should on no account be removed from the 9ffice.
1 3 ' & 3 T
166
CHAPTER / ##$I
RECORDS TO %E MAINTAINED %) RANGE OFFICES
0*:. The &ange 9ffices should maintain the following registers :
CONFIDENTIAL SECTION
.. "nward &egister.
*. 9utward &egister.
=. $etition &egister including discreet en(uiries.
0. &egular 3n(uir% &egister.
>. &egistered 'ases &egister.
?. 8onthl% $rogress &e#orts 'heck &egister
+. 4overnment Aooks &egister.
/. 1tock Bile of 'irculars, 4ovt. 9rders etc.
-. 1tam# &egister.
.:. "ns#ection 7otes Bolder.
... B.".&. Aook.
.*. rrest 'ards.
.=. Aail Aond Aook.
.0. &egister of 'onfidential "nformation against corru#t officers.
.>. &egister showing informants and the information furnished b% them.
.?. 1ei2ed $ro#ert% &egister.
.+. &egister showing documents sent to the Director of Borensic 1cience
Eaborator%, H%derabad for 3;#ertJs o#inion.
ADMINISTRATION 4 ACCOUNTS &
.. ttendance &egister.
*. 'asual Eeave &egister.
=. Eong &oll &egister.
0. &egister of 1ervice Aooks.
1 3 ' & 3 T
167
>. T.. 'heck &egister.
?. Tour dvance &egister.
+. $ermanent dvance &egister.
/. $a% Aills &egister.
-. Bestival dvance &egister.
.:. Hndisbursed $a% &egister.
... House Auilding dvance &egister.
.*. 8otor '%cle and '%cle dvance &egister.
.=. 8arriage dvance &egister.
.0. Treasur% Aill Aook.
.>. 'ash Aook.
.?. ##ro#riation &egister.
.+. &egister of 'ontingencies.
./. "ncrement &egister.
.-. 1tationer% rticles 1tock &egister.
*:. Eocal Ta##al &egister.
*.. $a% Aills 1chedule Bile.
**. 1tock &egister of Burniture.
*=. Hnserviceable rticles &egister.
*0. Trunk 'alls &egister.
*>. Eog Aook.
*?. $ersonal &egister.
*+. &egister showing the re#airs, re#lacements of s#are #arts, #etrol, oil
consumed etc.
*/. 1.&. mount &egister.
0*.. 1imilarl%, the following registers are to be maintained in the offices of "ns#ectors
of $olice.
CONFIDENTIAL SECTION
1. $etitions &egister including discreet en(uiries.
2. &egular 3n(uiries &egister.
3. &egistered 'ases &egister.
4. )isiting F "ns#ection 7otes Bolder.
5. 8onthl% $rogress &e#orts &egister.
6. 1tock file of 'irculars etc.
7. &egister of 'onfidential "nformation collected, list of informants and information
collected against $ublic 1ervants etc.
1 3 ' & 3 T
168
8. 1ei2ed #ro#ert% register.
9. &egister showing documents sent to the Director, Borensic 1cience Eaborator%,
H%derabad for 3;#ertJs o#inion.
ADMINISTRATION AND ACCOUNTS &
1. T.. Aill &egister.
2. 'ash Aook.
3. 1.&. amount register.
4. &ailwa% 5arrants &egister.
SEI.ED PROPERTIES REGISTER
0**. "n all &ange 9ffices and 9ffices of "ns#ectors of $olice, nti,'orru#tion
Aureau, a register of 1ei2ed $ro#ert% should be maintained. s soon as an%
#ro#ert% is sei2ed during the course of investigation, the "nvestigating 9fficer
should make entries in the &egister chronologicall% and blank s#aces should not be
left for entering subse(uent sei2ures in the case. 1ei2ure of cash, jeweller% and
other valuables will also be entered in this &egister. These items will also include
tra# mone%. The% should be ke#t in sealed covers.
0*=. The &egister should be maintained in the following #roforma :,
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
1l.7o. 'ase 7o. Details of Date of &easons 9rder 7o. Date of &e,
7ame and items sei, sei2ure. for #en, F Date of dis#osal marks
address of 2ed. denc%. 'losure
the ccused
9fficer.
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
(.) (*) (=) (0) (>) (?) (+) (/)
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
0*0. $ro#ert% taken b% the ".9s for the #ur#ose of investigation or
for #roducing in 'ourt or for return to the #art% concerned, should be
entered therein. "n case the #ro#ert% is #roduced in the 'ourt as an
e;hibit, the Eegal dviser < cum , 1#ecial $ublic $rosecutor concerned should
send a re#ort in the matter. "n cases where #ro#ert% has been given back to
1 3 ' & 3 T
169
the ".9s for being returned to the #arties concerned, the ".9s should #roduce the
acknowledgements of the #art% concerned. com#lete file of sei2ure 8emos should
also be maintained for the #ur#ose of checking the 1ei2ed $ro#ert% &egister.
0*>. The Joint Directors will ins#ect @ visit the offices of "ns#ectors and
D%. 1u#erintendents of $olice twice in a %ear. The "ns#ection &e#orts have to be
#re#ared in two $arts, $art," regarding review of cases and #erformance of the officer
in,charge of the seat and $art,"" regarding dministration and udit matters. &e(uests
of the 1taff members will also be mentioned $art,"".
0*?. Bour co#ies of "ns#ection 7otes must be #re#ared in res#ect of offices of the
District "ns#ectors and = co#ies in res#ect of &ange 9ffices. 9ne co#% will be retained
in the office ins#ected in a folder@register, one co#% in the &ange 9ffice concerned ( in
the case of the "ns#ection of the District 9ffice), one co#% with the Joint Director
concerned and the last co#% will be sent to the Head 9ffice for DirectorJs #erusal
through the dditional Director. The same #rocedure will a##l% in the case of visiting
notes also. fter #erusal b% the Director, $art," will be marked to the 1.A. 1ection and
$art,"" to the D%. Director (dministration) for carr%ing out the instructions contained
therein.
1 3 ' & 3 T
170
CHAPTER / ##$II
LOKA)UKTA $IS-8-$IS ANTI-CORRUPTION %UREAU
0*+. "n ndhra $radesh 1tate, ndhra $radesh Eoka%ukta and H#a,Eoka%ukta ct
.-/= was #assed and it has come into force from .
st
7ovember, .-/=. &ules also were
made and the% are in force from *:
th
Januar%, .-/0.
0*/. The Eoka%ukta is declared as a 'ourt and the $roceedings before the Eoka%ukta
and H#a,Eoka%ukta are declared to be judicial $roceedings onl% for the #ur#ose of
1ection .-= ".$.'.
0*-. The Eoka%ukta and H#a,Eoka%ukta ma% investigate an% action which is taken b%,
or with the general or s#ecific a##roval of, or at the behest of
(i) a 8inister or a 1ecretar%G or
(ii) a 8ember of either House of the 1tate EegislatureG or
(iii) a 8a%or of the 8unici#al 'or#oration constituted b% or under the
relevant law for the time being in forceG or
(iv) an% other #ublic servant, belonging to such class or section of #ublic
servants, as ma% be notified b% the 4overnment in this behalf after
consultation with the Eoka%ukta, in an% case where a com#laint
involving an allegation is made in res#ect of such action or such action
can be or could have been, in the o#inion of the Eoka%ukta, the subject
of an allegation.
0=:. The Eoka%ukta and H#a<Eoka%ukta can utili2e the services of an% 9fficer or
"nvestigating genc% of the 1tate 4overnment or an% other #erson or agenc% for the #ur#ose
1 3 ' & 3 T
171
of making #reliminar% verification before conducting investigation under the ct. 3ven
1ub,&ule + (i) of &ule + of the ndhra $radesh Eoka%ukta and H#a,Eoka%ukta
("nvestigation) &ules, .-/0, also #rovides for utilisation of services of an% officer or
"nvestigating genc% of the 1tate 4overnment or the 'entral 4overnment, with the
concurrence of that 4overnment.
0=.. The 4overnment of ndhra $radesh in their 8emorandum 7o..-=@1'.D@/0,0
4eneral dministration (1'.D) De#artment, dated +
th
8a%, .-/0, decided that the
Eoka%ukta or the H#a,Eoka%ukta has the right to take the assistance of the
nti,'orru#tion Aureau at the stage of #reliminar% verification also and directed the nti,
'orru#tion Aureau to take necessar% action on the com#laints received from the
Eoka%ukta or H#a,Eoka%ukta.
1 3 ' & 3 T
172
ANNE#URE 9A6
GO$ERNMENT OF ANDHRA PRADESH
A%STRACT
ANTI-CORRUPTION %UREAU / FORMATION OF / # / %RANCH' C.I.D. /
A%OLITION OF- ORDERS - ISSUED.
GENERAL ADMINISTRATION S.C-C" DEPARTMENT
G.O.M-.N0. 1880' D!12: 1;2 16
1;
D2<2=>27' 1960.
R2!: 1;2 ?0@@0ABCD &-
(i) 4.9.8s.7o..?.:, Home ($olice,A) dated .:,.:,.->+.
(ii) 4.9.8s.7o...?*, 4eneral dministration (1.',') dated =:,+,.-?:.
(iii) Brom the 1#ecial 9fficer, D.9. dated *0,-,.-?:.
(iv) Brom the "ns#ector 4eneral of $olice, D.9. 7o...:-@4"@?:,
dated *0,..,.-?:.
ORDER&
The (uestion of reorgani2ing the e;isting nti,'orru#tion Aureau machiner%,
designated as the N,Aranch, '.".D., which is under the control of the "ns#ector 4eneral
of $olice and functioning under a 1u#erintendent of $olice, to check effectivel% the
increasing evil of corru#tion in the services and to im#rove the moral tone of the
administration, has been under the active consideration of the 4overnment for sometime
#ast. "n the 4.9. second cited, the 4overnment sanctioned the creation of a tem#orar%
#ost of 1#ecial 9fficer in the rank of a De#ut% "ns#ector 4eneral of $olice to nti,
'orru#tion Aureau for the 1tate and 1ri 1. )ija%arangam, ".$.1., De#ut% "ns#ector
4eneral of $olice, was a##ointed as 9fficer on 1#ecial dut% for the said #ur#ose.
1 3 ' & 3 T
173
The 1#ecial 9fficer was #ermitted to #roceed to Aomba% to stud% the set u# of the
8aharashtra 1tate and also the actual functioning of the Aureau to enable him to
formulate the #ro#osals. 5ith his D.9. =
rd
cited, the 1#ecial 9fficer, has, accordingl%,
submitted his #ro#osals after visiting the 8aharashtra 1tate and stud%ing the set u#
there. The comments of the "ns#ector 4eneral of $olice were also invited on the
#ro#osals of the 1#ecial 9fficer. fter careful consideration of the #ro#osals of the
1#ecial 9fficer and also the comments of the "ns#ector 4eneral of $olice in regard to the
set u# of an nti,'orru#tion Aureau in this 1tate and its sco#e and functions, the
4overnment have decided that the e;isting N,Aranch, '.".D., should be abolished and
that in its #lace, a new enlarged De#artment should be formed. The orders of the
4overnment on the #ro#osals of the 1#ecial 9fficer regarding the administrative set u#
of the new De#artment are detailed below.
*. 783 9B TH3 D3$&T837T :
The new De#artment will be called KThe nti,'orru#tion AureauL and it will
function as a se#arate de#artment inde#endent of the $olice De#artment and will be
under the direct control of the 'hief 1ecretar% to 4overnment in the 4eneral
dministration De#artment.
=. 13T H$ 9B TH3 7T",'9&&H$T"97 AH&3H:
(i) Director : The 4overnment have decided that the Head of the new
nti,'orru#tion Aureau should be a senior $olice 9fficer of the rank of De#ut% "ns#ector
4eneral of $olice and designated as KDirector, nti,'orru#tion AureauL. The Director is
invested with all the usual #owers financial, administrative, etc., ascribed to a Head of a
De#artment and he will function as a head of a De#artment,
(ii) De#ut% Director : The 4overnment also acce#t the suggestion of the
1#ecial 9fficer of the sanction of a #ost of a 1u#erintendent of $olice in the
1enior scale of the "ndian $olice 1ervice. He will assist the Director and
1 3 ' & 3 T
174
liaise with Heads of De#artments, &egional 9fficers, 'ollectors, etc., during the course
of investigations etc., and e;ercise a close su#ervision over the da%,to,da% work of the
De#ut% 1u#erintendents of $olice and their res#ective range units. He will #eriodicall%
tour and ins#ect the offices of the De#ut% 1u#erintendents of $olice and give them
necessar% instructions.
(iii) Drawing of officers of other De#artments into the nti,'orru#tion Aureau : The
1#ecial 9fficer has suggested that four officers of other De#artments ma% be drafted into
the Aureau on a full time basis to assist the nti,'orru#tion Aureau in the investigation of
cases against officers of their res#ective de#artments and in the detection of an%
lacunae in the administrative and financial #roceedures followed in those De#artments
and that the% ma% be drafted from $ublic 5orks De#artment, Borest, &evenue and
'ommercial Ta; De#artments. The 4overnment, acce#t the suggestion of the 1#ecial
9fficer and accordingl% direct that, for the #resent, the following 0 officers should be
drafted into the nti,'orru#tion Aureau.
.. 9ne 3;ecutive 3ngineer, $ublic 5orks De#artment on the scale of &s.>::,
>:@*,/>:G
*. 9ne De#ut% 'onservator of Borests on the scale of &s.?::,.,:::.
=. 9ne De#ut% 'ollector from the &evenue De#artment on the scale of &s.=::,
>:@*,+:: and
0. 9ne 'ommercial Ta; 9fficer from the 1ales Ta; De#artment on the scale of
&s.=::,>:@*,+::.
The 3;ecutive 3ngineer and the De#ut% 'onservator of Borests will be
designated as dditional De#ut% Directors and the De#ut% 'ollector and 'ommercial Ta;
9fficer will be designated as ssistant Directors.
The 4overnment also direct that the drafting of officers to the
nti,'orru#tion Aureau need not necessaril% be confined to the De#artments
referred to above, but ma% be drafted with reference to the needs
from time to time of the nti ,'orru#tion Aureau from other de#artments also
1 3 ' & 3 T
175
(within the limit of four). The Director ma% submit #ro#osals in this behalf as and
when the necessit% for an% change is called for.
ll the above officers will be touring officers.
(iv) Decentralisation of 1taff and 1tationing of 9fficers at &ange and District
Eevels : The 1#ecial 9fficer has suggested that, on the #attern of the nti,'orru#tion
Aureau of 8aharashtra 1tate, the strength of the nti,'orru#tion ma% be decentrali2ed
and divided into smaller units and that the officers of the nti,'orru#tion Aureau to
function effectivel%, in that, the officers of the nti,'orru#tion Aureau can gather
intelligence and #ursue action then and there and without an% avoidable loss of time.
The 4overnment acce#t the suggestion of the 1#ecial 9fficer. The &anges for the
#ur#oses of the nti,'orru#tion Aureau will consist of = or more districts and each range
will be #laced in charge of a De#ut% 1u#erintendent of $olice, who will be assisted b%
ministerial staff consisting of one H##er Division 'lerk and a lower Division 'lerk who
has knowledge of t%#ing work. The twin cities of H%derabad and 1ecunderabad and the
H%derabad District will form into a se#arate &ange unit. n "ns#ector of $olice will be
#laced in charge of a district and he will be assisted b% . Head 'onstable and = $olice
'onstables (including #ersonal orderl%). The rangewise division will be as follows:,
7ame of the &ange. Head(uarters Districts com#rising the &ange
of the &ange.
5altair &ange 5altair )isakha#atnam 7orth
( 1rikakulam) )isakha#atnam,
1outh and 3ast 4odavari
districts.
)ija%awada &ange )ija%awada 5est 4odavari, 6rishna F
4untur districts.
6urnool &ange 6urnool 6urnool 3ast, 6urnool 5est
and nanta#ur Districts.
'udda#ah &ange 'udda#ah 'udda#ah, 7ellore and
'hittoor districts.
5arangal &ange 5arangal 5arangal, dilabad,
6arimnagar and 6hammam
districts.
H%derabad &ange H%derabad 8edak, 7algonda, 7i2amabad
nd 8ahabubnagar districts.
'it% &ange H%derabad Twin cities of H%derabad and
1ecunderabad and H%derabad
district.
1 3 ' & 3 T
176
0. The 4overnment sanction the set u# of the new de#artment as indicated in
nne;ure IJ. The scale of $a%, 1#ecial $a% etc., for which the staff will be eligible are
also indicated in the nne;ure. "n addition to the $a% etc., the staff will be eligible to
draw Dearness and other allowances at the rates admissable to them.
The distribution of e;ecutive and ministerial staff at the Head 9ffice and in the
&anges and Districts is indicated in nne;ure IAJ.
>. 5atchers :
The 1#ecial 9fficer has suggested that, as in the 8aharastra 1tate, ? watchers
ma% be sanctioned. The 4overnment do not consider it necessar% to sanction the
a##ointment of watchers at #resent and the% decided that the information which the%
were intended to secure should be secured through means normall% available to the
$olice. The Director, nti,'orru#tion Aureau, ma% submit #ro#osals if and when the
necessit% for the sanction of watchers arises.
?. 3(ui#ment for the nti,'orru#tion Aureau G
The 1#ecial 9fficer has suggested that one ultra violet lam# ma% be #laced at the
dis#osal of the Aranch of the nti,'orru#tion Aureau in each district. The 4overnment
acce#t his suggestion and also #ermit him to #urchase ultra violet electric tubes at one
#er district and arrange the manufacture of the ultra violet lam#s b% the $olice 5ireless
9fficer. The 4overnment sanction an amount of &s.*,::: as non,recurring e;#enditure
for the above #ur#ose.
The 1#ecial 9fficer also has suggested that the nti,'orru#tion Aureau ma% be
#rovided with a #owerful camera which could be o#erated with a tele#hoto lens, a
cinemovie camera and * ta#e recorders. The 4overnment acce#t the suggestion and
accordingl% sanction an amount of &s.*,:::@,, &s.0,:::@, and &s.=,:::@, res#ectivel% for
the #urchase of the cameras and the ta#e recorders.
1 3 ' & 3 T
177
+. $3&8737T D)7'31 :
The e;isting N, Aranch '"D, was sanctioned a #ermanent advance of &s..,:::@,
for Travelling llowance, a #ermanent advance of &s..,:::@, for contingencies and an
im#rest of &s.=::@, for o#en and s#ecial rewards.
The 1#ecial 9fficer has suggested that #ermanent advance for Travelling
llowance and contingencies, Tra#s and 1#ecial &ewards ma% be #laced at the
dis#osal of the officers of the nti,'orru#tion Aureau at the following rates :,
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
Designation of 9fficer $.. for T.. $.. for tra#s $.. for 1#l. &ewards
and 'ontingencies
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
Director , , >::.:: .,:::.:: *::.::
3ach &ange 9fficer , , =::.:: .,:::.:: .::.::
3ach "ns#ector , , , , *::.:: >:.::
The 4overnment acce#t the suggestion of the 1#ecial 9fficer and accordingl%
sanction of the following :,
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
7ame of 9fficer $.. for T.. $.. for tra#s $.. for &ewards
and 'ontingencies 1.&.
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
Director , , >::.:: .,:::.:: *::.:: .,+::.::
&ange 9fficers.
5altair , , =::.:: .,:::.:: .::.:: .,0::.::
)ija%awada , , =::.:: .,:::.:: .::.:: .,0::.::
'udda#ah , , =::.:: .,:::.:: .::.:: .,0::.::
6urnool , , =::.:: .,:::.:: .::.:: .,0::.::
5arangal , , =::.:: .,:::.:: .::.:: .,0::.::
H%derabad , , =::.:: .,:::.:: .::.:: .,0::.::
'it% , , =::.:: .,:::.:: .::.:: .,0::.::
*> "ns#ectors at
&s.*>: each , , >,:::.:: .,*>:.:: ?,*>:.::
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
*,?::.:: .=,:::.:: *,.>:.:: .+,+>:.::
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
1 3 ' & 3 T
178
The #rescribed financial #rocedure should be scru#ulousl% followed in
administering the above #ermanent advances.
The 4overnment also #ermit the non,ga2etted officers and men to use &ailwa%
warrants and bus warrants.
/. )3H"'E31 :
The 1#ecial 9fficer has suggested that sanction ma% be accorded for the
#urchase of an mbassador car and a station wagon (Dodge) for the use of the Head
9ffice and the 'it% &ange Hnit and IoneJ jee# for each for the other si; ranges. The
4overnment acce#t his suggestion and accordingl% conve% their sanction for the
#urchase of one mbassador 'ar, one station wagon (Dodge) and > jee#s. The jee#
now under the control of the 1u#erintendent of $olice, N,Aranch, '"D, shall be
transferred to the nti,'orru#tion Aureau for allotment to one of the ? ranges.
-. ''9H7T"74 $&9'3DH&3 :
The Director will be the drawing officer for the drawal of #a% and allowances for
the non,ga2etted staff working in his 9ffice. He will be the controlling authorit% in
res#ect of his Travelling llowance claims and those of his 4a2etted ssistants. The
De#ut% Director will be the controlling authorit% for the Travelling llowance claims of all
non,ga2etted officers. 3ach De#ut% 1u#erintendent of $olice in charge of the range will
be the drawing officer for the drawal of #a% and allowances of both the e;ecutive and
the ministerial staff of the range and he will have the #owers of a head of office in regard
to contingent e;#enditure in res#ect of office and establishment.
.:. The e;#enditure will be debited to a se#arate 1ub,head of account vi2., Knti,
'orru#tion AureauL to be o#ened under 8ajor Head < K*> 4eneral dministration <
1ecretariat and Head(uarters 3stablishment < J < 'ivil 1ecretariat with the usual
#rimar% and secondar% units of a##ro#riation.
... The e;#enditure is on a 7ew 1ervice, #ending the vote of Eegislature for a
su##lementar% grant, the e;#enditure during the current %ea r should initiall% be met from an
1 3 ' & 3 T
179
advance from the 'ontingenc% Bund, orders regarding which will be issued se#aratel%
from the Binance De#artment.
.*. The nti,'orru#tion Aureau will come into being with effect from *,.,?. and on the
same date, Kthe N,Aranch '.".D. will stand abolished. The cases #ending with the N.
Aranch, '.".D. on that date shall be made over to the nti,'orru#tion Aureau.
.=. 9rders regarding the sco#e and functions of the nti,'orru#tion Aureau will issue
se#aratel%.
.0. This issues with the concurrence of the Binance De#artment.
(A% order and in the name of the 4overnor of ndhra $radesh)
8. $H&H1H9TH8 $",
'hief 1ecretar% to 4overnment.
To
The "ns#ector 4eneral of $olice, ndhra $radesh, H%derabad.
"883D"T3:
3ndorsement &c.7o..*.*@&@?:
'o#% 'ommunicated to the 1.N.A. '.".D. H%derabad for necessar% action.
*. "t is observed that the set u# of the nti,'orru#tion Aureau has not been
s#ecificall% sanctioned on a #ermanent basis. "n as much as all the #osts in the N,
Aranch, is abolished, #lease state whether all the #ermanent #osts in the N,Aranch,
have been filled u# substantivel%. "f there are substantive vacancies, the% ma% not be
filled u#. re#ort in this regard should be sent urgentl%.
=. ttention is invited to #ara .* of the 4overnment order.
The N,Aranch will stand abolished with effect from *,.,.-?..
The cases #ending with the N,Aranch, on that date shall be handed over to the
nti,'orru#tion Aureau. re#ort in this regard should be sent immediatel% after the
orders of the 4overnment are com#lied with.
).1. &88H&THQ,
for "ns#r. 4enl. of $olice.
9ffice of the ".4. of $olice,
ndhra $radesh,
H%derabad,Dn.
Dt. *.,.*,.-?:.
180
181
182
183
184
185
186
187
188
773NH&3 < ""
($lease see cha#ter,"" #ara 7o..+ #age 7o.-)
49)3&7837T 9B 7DH& $&D31H
A1T&'T
7T",'9&&H$T"97 AH&3H < Jurisdiction of the 9ffice of the nti,'orru#tion Aureau
in ndhra $radesh < mended < 7otification < "ssued.
H983 ($9E"'3,D) D3$&T837T
4.9.8s.7o.=0. Dated *=,>,.-/0.
&ead the following :
.. 4.9.8s.7o..0=? Home ($ol.D) De#t., dt. .0,-,.-++.
*. Brom the Director, nti,'orru#tion Aureau, .$., H%derabad
Er.7o..-@&$'@/0, dt.?,=,.-/0.
9&D3& :
The following 7otification will be #ublished in the ndhra $radesh 4a2ette.
79T"B"'T"97
"n e;ercise of the #owers conferred b% clause (s) of section * of the 'ode of
'riminal $rocedure, .-+=, and in su#ersession of all #revious orders on the subject, the
4overnor of ndhra $radesh hereb% declares that the offices s#ecified in the 1chedule
below shall be $olice 1tations and that the% shall include within their limits, the areas
s#ecified in column (=) against each of the office mentioned in column (*) thereof <
TH3 1'H3DHE3
1l.7o. 7ame of the 9ffice Jurisdiction
(.) (*) (=)
.. 9ffice of the Director,
nti,'orru#tion Aureau,
H%derabad.
ll areas in the whole of the
1tate of ndhra $radesh.
*. 9ffice of the ddl. Director,
nti,'orru#tion Aureau, H%derabad.
Do
=. 9ffices of the three Joint Directors
.'.A., H%derabad.
Do
0. 9ffice of the D%. Director,
dministration F 9#erations,
.'.A., H%derabad.
Do

1 3 ' & 3 T
189
(.) (*) (=)
>. 9ffice of the D%. Director
.'.A. 'it% &ange, H%derabad.
5ithin the twin cities of H%derabad
and 1ecunderabad.
?. 9ffice of the D%. 1u#dt. of $olice,
.'.A. 'it% &ange,", H%derabad.
Do
+. 9ffice of the D%. 1u#dt. of $olice,
.'.A. 'it% &ange,"", H%derabad.
Do
/. 9ffice of the D%. 1u#dt. of $olice,
.'.A. H%derabad &ange,
H%derabad.
&anga &edd%, 8ahbubnagar
and 7algonda districts.
-. 9ffice of the D%. 1u#dt. of $olice,
.'.A. 7i2amabad &ange, 7i2amabad.

7i2amabad, 8edak and
dilabad districts.
.:. 9ffice of the D%. 1u#dt. of $olice,
.'.A. 5arangal &ange, 5arangal.
5arangal, 6hammam
and 6areemnagar districts.
... 9ffice of the D%. 1u#dt. of $olice,
.'.A. 6urnool &ange, 6urnool.
6urnool and nanta#ur
districts.
.*. 9ffice of the D%. 1u#dt. of $olice,
.'.A. Tiru#ati &ange, Tiru#ati,
'hittoor district.
'hittoor and 'udda#ah
districts.
.=. 9ffice of the D%. 1u#dt. of $olice,
.'.A. 7ellore &ange, 7ellore.
7ellore and $rakasam
districts.
.0. 9ffice of the D%. 1u#dt. of $olice,
.'.A. )ija%awada &ange,
)ija%awada, 6rishna district.
6rishna and 4untur
districts.
.>. 9ffice of the D%. 1u#dt. of $olice,
.'.A. &ajahmundr% &ange,
&ajahmundr%, 3ast 4odavari
district.
3ast 4odavari and 5est 4odavari
district.
.?. 9ffice of the D%. 1u#dt. of $olice,
.'.A. 5altair &ange, )isakha#atnam.

)isakha#atnam, and )i2ianagaram
districts.
.+. 9ffice of the &ange "ns#ectors of
$olice, .'.A. 'it% &ange,
H%derabad

5ith in the areas of the
twin cities of H%derabad
and 1ecunderabad and the
district of H%derabad
./. 9ffices of the "ns#ectors of $olice,
.'.A. 'it% &ange, H%derabad.

5ithin the areas of the
twin cities of H%derabad and
1ecunderabad.
1 3 ' & 3 T
190
(.) (*) (=)
.-.
9ffices of the &ange "ns#ectors of
$olice .'.A. H%derabad &ange,
H%derabad.
&anga &edd%, 8ahbubnagar
7algonda districts.
*:. 9ffice of the "ns#ector of $olice, .'.A.
&anga &edd% District, H%derabad.
&anga &edd% district.
*.. 9ffice of the "ns#ector of $olice,
.'.A. 8ahaboobnagar.
8ahaboobnagar district.
**. 9ffice of the "ns#ector of $olice,
.'.A. 7algonda.
7algonda district.
*=. 9ffice of the &ange "ns#ectors of $olice,
.'.A. 7i2amabad &ange, 7i2amabad.
7i2amabad, 8edak and .
dilabad districts.
*0. 9ffice of the "ns#ector of $olice,
.'.A. 7i2amabad
7i2amabad district.
*>. 9ffice of the "ns#ector of $olice,
.'.A. 1angaredd%, 8edak District.
8edak district.
*?. 9ffice of the "ns#ector of $olice,
.'.A. dilabad.
dilabad district.
*+. 9ffice of the &ange "ns#ectors of $olice,
5arangal &ange, 5arangal.
5arangal, 6hammam and
6arimnagar districts.
*/. 9ffice of the "ns#ector of $olice,
.'.A. 5arangal.
5arangal district.
*-. 9ffice of the "ns#ector of $olice,
.'.A. 6hammam.
6hammam district.
=:. 9ffice of the "ns#ector, .'.A.
6arimnagar
6arimnagar district.
=.. 9ffice of the &ange "ns#ectors of $olice,
.'.A. 6urnool &ange, 6urnool.
6urnool and nanta#ur districts.
=*. 9ffice of the "ns#ector of $olice,
.'.A. 6urnool.
6urnool district.
==. 9ffice of the "ns#ector of $olice,
.'.A. nanta#ur.
nanta#ur district.
=0. 9ffices of the &ange "ns#ectors of $olice,
.'.A. Tiru#athi &ange, Tiru#athi,
'hittoor district.
'hittoor and 'udda#ah districts.

=>. 9ffice of the "ns#ector of $olice,
.'.A. Tiru#athi 'hittoor, district.
'hittoor district.
1 3 ' & 3 T
191
(.) (*) (=)
=?. 9ffice of the "ns#ector of
$olice, .'.A. 'udda#ah.

'udda#ah district.
=+. 9ffices of the &ange "ns#ectors of $olice,
.'.A. 7ellore &ange, 7ellore.
7ellore and $rakasham districts.
=/. 9ffice of the "ns#ector of $olice,
.'.A. 7ellore.
7ellore district.
=-. 9ffice of the "ns#ector of $olice,
.'.A. 9ngole, $rakasham District.
$rakasham district.
0:. 9ffices of the &ange "ns#ectors of $olice,
.'.A. )ija%awada &ange, )ija%awada.
6rishna and 4untur districts.

0.. 9ffice of the "ns#ector of $olice,
.'.A. )ija%awada, 6rishna district.
6rishna district.
0*. 9ffice of the "ns#ector of $olice,
.'.A. 4untur.
4untur district.
0=. 9ffices of the &ange "ns#ectors of $olice,
.'.A. &ajahmundr% &ange, &ajahmundr%
3.4. district.
3ast 4odavari and 5est 4odavari
districts.
00. 9ffice of the "ns#ector of $olice,
.'.A. 6akinada.
3ast 4odavari district.
0>. 9ffice of the "ns#ector of $olice,
.'.A. 3luru.
5est 4odavari district.
0?. 9ffices of the &ange "ns#ectors of $olice,
.'.A. 5altair &ange, )isakha#atnam.
)isakha#atnam, 1rikakulam and
)i2ianagaram districts.


0+. 9ffice of the "ns#ector of $olice, .'.A.
)isakha#atnam
)isakha#atnam district.
0/. 9ffice of the "ns#ector of $olice,
.'.A. 1rikakulam.
1rikakulam district.
0-. 9ffice of the "ns#ector of $olice,
.'.A. )i2ianagaram.
)i2iangaram district.
>:. 9ffice of the "ns#ector of $olice,
(9#erations) Head 9ffice, .'.A.
H%derabad.
ll areas in the whole of the 1tate of
ndhra $radesh.

'.&JH7 &9,
1ecretar% to 4overnment.
1 3 ' & 3 T
192
To,
The Director of $rinting, 1tationer% and 1tores $urchase, H%derabad,
for #ublishing the notification in the ndhra $radesh 4a2ette
The Director < 4eneral F "ns#ector,4eneral of $olice, H%derabad.
The Director, nti,'orru#tion Aureau, H%derabad.
'o#% to :,
The 4eneral dministration (1'.D) De#artment.
The Dharma 8aha 8atra, 1ecretariat Auildings, H%derabad.
The 4eneral dministration (1'.') De#artment.
B9&5&D3D AQ 9&D3&
(1d@,)
1ection 9fficer.
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS
9ffice of the Director,
nti,'orru#tion Aureau,
.$., H%derabad.
&c.7o..-@&$'@/0
'o#% to all Joint Directors, D%. Directors, .'.A. 'it% &ange and 9#erations, all Eegal
9fficers, all D.1.$s. and "ns#ectors of $olice, .'.A, H%derabad for information.
1d@,
for Director,
nti,'orru#tion Aureau,
.$., H%derabad.
1 3 ' & 3 T

193
773NH&3 < """
($ro forma for D.3. &e#orts)
($lease see 'ha#ter 7o.") #ara 7o.0* $age 7o.*..)
7o. Date.
.. 7ame of ccused 9fficer ,,,
with designation and De#artment.
*. 7ature of allegations ,,,
=. 3vidence available in su##ort of the
allegations ,,,
(a) 9ral ,,,,
(b) Documentar% ,,,,
0. Burther evidence, likel% to be available
>. &ecommendations ,,,
1 3 ' & 3 T
194
773NH&3 < ")
(1i; $roforma F 1tatements).
($lease 1ee 'ha#ter 7o. ) $ara 7o. 0> $age 7o.*.).
1TT3837T 7o."
1TT3837T 9B "889)AE3 $&9$3&TQ A3E974"74 T9 TH3 H7D3&1"473D 7D H"1 $&T73&1
3"TH3& "7 TH3"& 957 7831 9& "7 TH3 7831 9B 9TH3&1 1 97 RRRRRRRRRRRRRR.
Details of
#ro#ert%
Held
in
whose
name.
Date of
ac(uisition.
8ode of
ac(uisition
(whether
ac(uired
b%
#urchase
or
inheritance
or gift,
lease,
mortgage,
or an%
other
means).
7ame
and
address
of the
#erson
from
whom
ac(uired.
5hether
within local
limits of
jurisdiction.
$rice #aid
for the
#ro#ert% or
if ac(uired
otherwise
than b%
#urchase,
mortgage
or lease,
its value at
the time of
ac(uisition.
1ource
from
which
#a%ment
was
made for
the
#ro#ert%
and
mode of
#a%ment.
5hether
information
was given
to 4ovt.
and
sanction
obtained (if
necessar%).
(.) (*) (=) (0) (>) (?) (+) (/) (-)
Houses or sho#s
or other Auildings
(with full
address).
(a)
(b)
(c)
(d)
(e)
Eands or $lots :
(5ith full
address)
(a)
(b)
(c)
(d)
(e)
n% 9ther kind of
"mmovable
$ro#ert%.

7ote :, Details of ac(uisitions of #ro#erties standing in the name of Hindu 1ignature RRRRRRRR.........
undivided famil% or #artnershi#s, in which the officer holds a claim Date RRRRRRRRRRRR..
or share, should be se#aratel% shown in this statement. Bull name RRRRRRRRRR
Designation RRRRRRRRR.
ddress RRRRRRRRRRR
195
196
1TT3837T 7o.""
1TT3837T 9B "889)E3 $&9$3&TQ $9113113D AQ TH3 H7D3&1"473D 7D H"1 D3$37D37T1
3"TH3& "7 TH3"& 957 7831 9& "7 TH3 7831 9B 9TH3&1 7D D"1$913D 9BB A3T5337
RRRRRRRRRRRRRRRRRRRR.. 7D RRRRRRRRRRRRRRRRRRR..
Details of
#ro#ert%
dis#osed
off.
Held in
whose
name.
Date
of
dis#os
,al or
sale.
1ale #rice or
value at the
time of
dis#osal if
otherwise
dis#osed of
and mode of
#a%ment of
#rice.
How
was
sale
#rice
utili2ed
or
invested
7ame and
address of
#erson to
whom the
#ro#ert%
was sold
or
otherwise
dis#osed
off.
5as
4overnment
sanction
obtained for
dis#osing of
the #ro#ert%.
(4ive
reference F
date of
4overnment
sanction, if
accorded).
8ode of
ac(uisi,
tion of
#ro#ert%
Date of
ac(uisi,
tion.
"f
ac(uired
b% the
#urchase
the
#urchase
#rice if
ac(uired
otherwis
e, value
at the
time of
#urchase
.
7ame and
address of
the #erson
from whom
it was
ac(uired or
#urchased.
5hether
sanction
for
#urchase
or
ac(uisitio
n was
obtained
from
4overnm
ent if it
was
re(uired
under the
rules
(give
reference
and date
of
4overnm
ent
sanction
if an%).
(.) (*) (=) (0) (>) (?) (+) (/) (-) (.:) (..) (.*)
Houses
or sho#s
or other
Auildings
(with full
address).
(a)
(b)
(c)
(d)
(e)
Eands or
$lots :
(5ith full
address)
(a)
(b)
(c)
(d)
(e)
n%
9ther
kind of
"mmovab
le
$ro#ert%.

7ote :, Details of dis#osal of #ro#erties standing in the name of Hindu 1ignature RRRRRRRR.........
undivided famil% or #artnershi#s, in which the officer has claim Date RRRRRRRRRRRR..
or interest should be shown se#aratel% in this statement. Bull name RRRRRRRRRR
Designation RRRRRRRRR.
ddress RRRRRRRRRRR
197
198
199
200
201
202
203
204
205
206
STATEMENT N0.$II
(To be #re#ared b% the investigating officer himself)
1tatement of total income of 1hri@1mtSSSSSSSSSSSSSSSSSS and his De#endents
B&98SSSSSSSSSSSSSSSSSSSSST9SSSSSSSSSSSSSSSSSSSSSSSSSSSS
mount mount &emarks
.. 1alar% and llowances (gross)
Eess Deductions at source on account of:
(i) "ncome Ta;
(ii) $rovident fund
(iii) "nsurance $rimia
(iv) House &ent :
7et 1alar% F llowancesV
*. "ncome ta; refund
=. "ncome from land House or other Auildings including rent
0. "nterest :
(a) 9n securities
(b) 9n Aank De#osits
W $ost 9ffice De#osits
(d) Eoans and dvances
>. Dividend on 1hares.
?. 1itting member or DirectorJs fee.
+. $rofit as a result of sale of an asset (movable or immovable)
("f the asset had been ac(uired #rior to the I$eriod of 'heckJ
the entire sale #roceeds reali2ed ma% be shown here. 9n the
other hand if the asset was ac(uired and also during the I$eriod
of 'heckJ onl% the #rofit resulting from the transaction is to be
shown).
/. )alue of #ro#ert% movable or immovable, ac(uired b% interitence
or legac% or gift :
-. $roceeds of matured "nsurance $olices.
.:. 5ithdrawals or actual recei#ts from #rovident fund :
... 1tridhan or Dowr%
.*. Debts or loans taken
.=. 'ash gifts or other financial gains received.
(8ention onl% gains not included in transactions alread% listed).
.0. n% other source (4ive details)
Total :
V7ote:,,, "f details of gross salar% and deductions are not available, net salar% and deductions are
not available, net salar% onl% ma% be recorded.
207
208
STATEMENT NO.$III
(To be #re#ared b% the "nvestigating 9fficer himself)
1TT3837T 9B T9TE 3N$37D"TH&3 9B 1H&"@18TSSSSSSSSSSB&98SSSSSST9SSSSS
SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

Head of ccount mount &emarks
.. "ncome Ta; :
(9nl% #a%ments made subse(uentl%, deductions at source
not to be taken account of, if alread% considered in
1tatement 7o.""").
*. "nsurance $remia : X
("n res#ect of "nsurance $olicies of all kinds details to be
4iven with $olic% 7o., ssured amount, $remium and
Date of $olic%,
=. House &ent, 4arage &ent, 3lectricit% and 5ater 'harges
and other 8unici#al Ta;es where #a%able : X
0. 3;#enses on 3ducation of De#endents.
>. 3;#enditure on marriages of De#endents.
?. 3;#enditure on &eligious and an% other 1#ecial 'eremonies
(4ive details):
+. 4ifts and #resents made.
/. 3;#enditure on 8aintenance of 'onve%ance :
-. 3;#enditure on maintenance and re#airs of Eu;ur% rticles :
like ir,'onditioners, &efrigerators, &adiograms, Tele, :
visions, etc., 3tc.,
.:. 3;#enditure on maintenance and re#airs of Eands, Houses,
Auildings, Barms, 3tc.
... Eoss suffered as a result of sale of movable or immovable
$ro#ert% :
(Here onl% losses suffered b% the delin(uent official in res#ect
of assets which were #urchased and also sold during the
I$eriod of 'heckJ have to be shown).
.*. &e#a%ment of Debts or Eoans :
.=. 'lub and Hotel Aills :
.0. Household 3;#enses V
(3;cluding the items which have been covered in 1l.7os.. and
.= above).
.>. n% other 3;#enditure :
(7ot listed in an% of the above items).
7ote : XSSSS Here onl% the amounts not deducted out of salar% .. Total number of de#endents.
bills should be included. *. 7umber of domestic servants.
VSSSSSS 5hile making an estimate of household =. $leasure tri#s.
3;#enses the following factors, among 0. 1tandard of living, considering the
others, have to be s#eciall% ke#t in view: #lace #osting, etc.
209
210
STATEMENT NO.I#.
T0 >2 E72E!72: >F 1;2 ICG2-1BD!1BCD O??B<27 HB=-2@?"
1TT3837T 9B E"63EQ 1)"741 9B 1H&"@18T,,,,,,,,,,,,,,,,,B&98,,,,,,,,,,,T9,,,,,,

A.
.. Total as #er 1tatement 7o.)"". .. Total of immovable ssets.
(Total income during the #eriod (s worked out from 1tatement
of 'heck) ,,,,,,,,,,,,,, 7o.") ,,,,,,,,,,,,,,,,
*. Total as #er 1tatement 7o.)""" *. Total of 8ovable ssets
(Total e;#enditure during the (s calculated from 1tatement
$eriod of check) ,,,,,,,,,,,,,,, 7o.""" F )) ,,,,,,,,,,,,,,,
=. (a) AalanceSSSS (Eikel% 9ver, =. 9TH3& 89)AE3 9& "889,
1#ending) (*,.) ,,,,,,,,,,,,,,, )AE3 113T1
(Discovered during "nvestigation
9r and not shown in 1tatements ". ,,,,,,,,,,,,,,,,
""" F ))
0. )alue of total ssets as at the
end of the #eriod of check.
(b) AalanceSSS(Eikel% 1avings) ,,,,,,,,,,,,,, (. Y * Y = )
(.Z*) >. )alue of total ssets at the
beginning of the I$eriod of 'heckJ
(s worked out with the hel# of
various statements 7o." to )")
?. Total value of ssets ac(uired
during the #eriod of check (?,>).,,,,,,,,,,,,,,,,
Dis#ro#ortionate ssets.

A.? ,,,,,, .= (b)
SSSSSSSSSSSSSSSSSSSSSSSSSS
9r
A.? Y .= (a). as the case ma% be
SSSSSSSSSSSSSSSSSSSSSSSSSS

211
ANNE#URE / $
PRELIMINAR) PANCHANAMA
($lease see 'ha#ter 7o. )"", $ara 7o. /0 $age 7o.==)
$anchanama drawn in the office of the ,,,,,,,,,,, on SSSSSSS at about
SSSSSSSSSSSSSSSSSSS in the #resence of 1arvasri SSSSSSSSSSSSSSSSSSSSSSSSSSS
The com#lainantSSSSSSSSSSSSSSSSSSSSSSSSSSSS1@o SSSSSSSSSSSSSSSSS
r@o SSSSSSSSSSSSSSSS was introduced to us i.e. $ancha%atdars at about
SSSSSSSSSSSSSSSSSSSS in the office room of the SSSSSSSSSSSSSSSSS. The co#% of
com#laint, dated SSSSSSSSSSSSSS of the com#lainant was shown to us and the
contents of the said #etition was read over e;#lained and translated. The com#lainant
admitted before us that the facts mentioned in his com#laint, dated SSSSSSSSSSSSS are
true and written in his own hand. He stated that he voluntaril% #resented the #etition in
(uestion to the SSSSSSSSSSSSS and #roduced SSSSSSSSSSSS currenc% notes before us
stating that he is going to offer as 8amool@bribe@illegal gratification to 1ri
SSSSSSSSSSSSS as #er his demand at his SSSSSSSSSSS situated in SSSSSSSSSSSSSS.
The number of the currenc% notes are given below:
(.)
(*)
(=)
(0)
The above mentioned currenc% notes were smeared with $henol#hthalein
#owder 1ri ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, mediator, was asked b% the D1$, 'A
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, to count the said notes and di# his fingers
in the colourless sodium carbonate solution #re#ared in a glass tumbler
in our #resence. The solution became #ink in colour when 1ri
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, di##ed his fingers in the said
solution after counting the
1 3 ' & 3 T
212
notes. Thus the reaction of #henol#hthalein #owder to sodium carbonate solution has
been demonstrated to us. The #ur#ose of the above test was also e;#lained to us.
fter conducting the said demonstration the currenc% notes treated with
$henol#hthalein #owder were handed over to the com#lainant 1ri ,,,,,,,,,,,,,,,,,,,,, with
instructions to #a% the said amount of &s.SSSSSSSSSSSS to 1ri SSSSSSSSSSSSSSS on
his demand at his SSSSSSSSSSSSSSSSSS and not otherwise. He is also instructed to
give signal b% taking out his hand,kerchief and wi#ing his face after coming out o the
office to indicate the demand and acce#tance of the bribe amount b% 1ri SSSSSSSSSSS.
The sam#les of #henol#hthalein #owder and sodium carbonate #owders used for the
above demonstration were se#aratel% taken and #reserved in se#arate covers, sealed
and attested b% us.
The .'.A., 9fficersSSSSSSSSSSSSSSSSSSSSSSSSSSSS demonstrated the above
test washed their hands in our #resence. $anchanama was commenced at SSSSSSSS
and closed at about SSSSSSSSS .
1d@, D1$, 'A
1d@, "ns#ectors, 'A
1d@, $ancha%atdars.




1 3 ' & 3 T
213
ANNE#URE / $I
DETAILED PANCHANAMA
P@2!-2 -22 C;!E127 N0. $II P!7! N0. 89 P!D2 N0.36"
$anchanama drawn at about SSSSSSSSSSSSS on SSSSSSSSSSSS in the office
room of SSSSSSSSSSSSSSSSSS in the #resence of SSSSSSSSSSSSSSSSSSS .

fter com#leting the first #anchanama in the office of D1$, 'A
SSSSSSSSSSSSSSSSSSS at about SSSSSSSSSSSSSS the com#lainant
SSSSSSSSSSSSSSSSS was instructed to leave the 'A 9ffice with the mone% which he
intended to give as bribe to 1ri SSSSSSSSSSSSSSSSSSS onl% on his demand at his office.
The D1$, 'A SSSSSSSSSSS with the mediators and 'A 9fficers SSSSSSSSSSSSSSS
left the 'A 9ffice b% car and followed the com#lainant 1ri SSSSSSSSSSSSSSS t
about SSSSSSSSSSSSSSSSSSSSSSS the com#lainant SSSSSSSSSSSS was allowed to go
to com#l% with the demand of mamools@bribeMillegal gratification b% 1ri
SSSSSSSSSSSSSSS in his office onl% on his demand. He was seen entering into the said
building in which 1ri SSSSSSSSSSSSSSSSSSSS is working. "ns#ector 1ri
SSSSSSSSSSSSSSSS and mediators 1ri SSSSSSSSSSSSSSSSSSSSSSS were standing just
o##osite to the said building at a distance of about SSSSSSSSSSSSS, while others were
at a distance of about SSSSSSSSSSSS for receiving the #re,arranged signal b% the
com#lainant 1ri ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, fter about five munutes after entering
the said building, the com#lainant 1ri SSSSSSSSSSSSSSSSSS came out of the office
room of 1ri SSSSSSSSSSSSSSSSSSSS and gave the #re,arranged signal indicating the
demand and acce#tance of the bribe amount of &s.SSSSSSSSSS (&u#ees) b% 1ri
SSSSSSSSSSSSSS. 9n recei#t of the signal the D1$, 'A SSSSSSSSSSSSSS with the
mediators and other 'A officers mentioned above rushed into the said building. The
com#lainant 1ri SSSSSSSSSSSSSSSSSSSS was #resent in front of the office
room of SSSSSSSSSSSSSSSSSSS 1ri ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, was #resent in
1 3 ' & 3 T
214
his office room and was found seated on his chair. The D1$, 'A
SSSSSSSSSSSSSSSSSSSS introduced them as 'A officers and ourselves as
#ancha%atdars. 1ri SSSSSSSSSSSSSSSSSSSSSSS made attem#t to rub his hands with
his #ant. He was #revented doing so b% SSSSSSSSSSSSSSSSSS and 1ri
SSSSSSSSSSSSSSSSSSS of 'A. 9n en(uir% the com#lainant 1ri
SSSSSSSSSSSSSSSSSSSSSS told before us that he #aid an amount of
&s.SSSSSSSSSSSSSSS as bribe towards SSSSSSSSSSSSSSSSS to 1ri SSSSSSSSSSSSS on
his demand in his office room, which he has acce#ted and ke#t the currenc% notes in his
hi#,#ocket after counting. "mmediatel% sodium carbonate solution was #re#ared in a
glass tumbler obtained from the same office in our #resence. The said solution was
#re#ared b% 1ri SSSSSSSSSSSSSSSS of 'A. 1ri SSSSSSSSSSSSSSSSSSSSS was then
re(uested to rinse the fingers of both his hands in the said solution. 5hen he did so the
white colourless solution became #ink. This test was done in our #resence. 1ri
SSSSSSSSSSSSSSSSSSSSSSSSS could not give an% e;#lanation, when (uestioned as to
wh% the colourless solution turned #ink in colour when he rinsed his fingers in the
solution. 5hen he was (uestioned regarding the bribe amount which he received from
the com#lainant he denied to have received an% amount from the com#lainant. There
u#on the com#lainant 1ri SSSSSSSSSSSSSSSSSSSS #ointed out that 1ri
SSSSSSSSSSSSSSSSSSS received the amount and ke#t the same in his hi#,#ocket of the
trousers which he is wearing. 1ri SSSSSSSSSSSSSSSSSSSSSS mediator searched the
contents of the hi#,#ockets of the trousers of 1ri SSSSSSSSSSSSSSSSSSSSSSSS and
found a wad of SSSSSSSSSSSSSSSSSSSSS currenc% notes along with some more and
#a#ers as detailed below:
Descri#tion of denomination notes:
(.) (*)
(*) (0)
DOCUMENTS:
(.)
(*)
(=)
1 3 ' & 3 T
215
9n com#arison the numbers of SSSSSSSSSSSSSSSSSSSSSSS currenc% notes as
mentioned from 1l.7o. were found to tall% with the numbers of the notes recorded in the first
#anchanama conducted in the office room of the D1$, 'A SSSSSSSSSSSSSSSSSSSSSSS from
SSSSSSSSSSSSSS to SSSSSSSSSSSSSSSSSSSSSSSS 1ri SSSSSSSSSSSSSSSSSSSSSSSSS when
(uestioned about the said currenc% notes could not give an% e;#lanation and ke#t (uite in a
nervous mood. The above currenc% notes and the other mone% and #a#ers recovered from the
hi#,#ocket of the trousers of SSSSSSSSSSSSSSSSSSSS have been sei2ed. The trousers worn b%
SSSSSSSSSSSSSSSSSSSSSSSS was taken from him after #roviding a lungi for his wear. The hi#,
#ocket of the trousers which is a cotton cloth was also subjected to #henol#hthalein test is a
coon cloth was also subjected to #henol#hthalein test just in the same wa% as the test
conducted on the fingers of SSSSSSSSSSSSSSSSSSSSSSSSS in a sodium carbonate solution
#re#ared in a se#arate glass tumbler. During the test the colourless solution turned #ink in
colour when the cloth was di##ed and washed in the sodium carbonate solution. The test was
conducted b% 1ri SSSSSSSSSSSSSSSSS mediator. The trouser was also sei2ed and it bears the
tailor mark of SSSSSSSSSSSSSSSSSSS The #ant is SSSSSSSSS in colour. The sam#le of sodum
carbonate #ower used for the above tests has been taken in a se#arate envelo#e which is
sealed and attested b% us. 1ri SSSSSSSSSSSSSSSS has been arrested b% the D1$, 'A
SSSSSSSSSSSSSSS and released after taking #ersonal suret% bail bond.
The #anchanama has commenced at SSSSSSSSSSSSSSSS and closed at
SSSSSSSSSSSSS .
1d@, $ancha%atdars.
1d@, D1$, 'A.
1d@, "ns#ectors 'A.
1 3 ' & 3 T
216
ANNE#URE $II
EH17!<1 0? 1;2 P70GB-B0C- 0? P2C-B0C C0:2."
P@2!-2 -22 C;!E127 N0. ## P!7! N0.340 P!D2 N0.129"
rticle 7o. =>.: (.) Buture good conduct shall be an im#lied condition of ever%
grant of #ension. The #ension sanctioning authorit% ma%, b% order in writing, withhold or
withdraw a #ension or #art thereof whether #ermanentl% or for a s#ecified #eriod, if the
#ensioner is convicted of a serious crime or is found guilt% of grave misconduct.
$rovided that no order shall be #assed under this clause b% an authorit%
subordinate to the authorit% com#etent to make an a##ointment to the #ost held b% the
#ensioner immediatel% before his retirement from service.
(*) 5here a #ensioner is convicted of a serious crime b% a 'ourt of Eaw, action
under clause (.) shall be taken in the light of the judgement of the court relating to such
conviction.
(=) "n case not falling under clause (*), if the com#etent authorit% under clause
(.) considers that the #ensioner is #rima facie guilt% of grave misconduct, it shall, before
#assing an order under clause.
(.) (a) 1erve u#on the #ensioner a notice s#ecif%ing the action #ro#osed to be
taken against him and the ground on which it is #ro#osed to be taken and calling u#on
him to submit within fifteen da%s of the recei#t of the notice or such further time not
e;ceeding fifteen da%s as ma% be allowed b% the #ension sanctioning authorit%, such
re#resentation as he ma% wish to make against the #ro#osalG and
(b) take the re#resentation, if an%, submitted b% the #ensioner under sub,clause (a)
into consideration.

1 3 ' & 3 T
217
(0) 5here the authorit% com#etent to #ass an order under clause (.) is the
4overnment, the ndhra $radesh $ublic 1ervice 'ommission shall be consulted before #assing
the order.
(>) n a##eal, against an order under clause (.) #assed b% an% authorit% other than
the 4overnment, shall lie to the 4overnment and the 4overnment shall, in consultation with the
ndhra $radesh $ublic 1ervice 'ommission, #ass such orders on the a##eals as the% deem fit.
3;#lanation.SSSSS "n this article, the e;#ression I1erious crimeJ includes a crime involving
anoffence under the 9fficial 1ecret ct, .-*= ('entral ct 7o..- of .-*=) and the e;#ression
Igrave misconductJ includes the communication or disclosure of an% secret official code of #ass
word or an% sketch, #lan, model, article, note document or information, such as is mentioned in
section > of the said ct (which was obtained while holding office under the 4overnment) so as
to #rejudiciall% affect the interests of the general #ublic or securit% of the 1tate.
(4. 9. 8s. 7o. *-/, Binance, dated **
nd
June, .-+*)
RULING
The reduction of #ension under this article shall be effected in whole ru#ees onl%:
G.O.M-.N0.39, Binance, dated "st Bebruar% .-+=)
rticle =>.,,,, The 1tate 4overnment further reserve to themselves the right of
withholding or withdrawing a #ension or an% #art of it, whether #ermanentl% or for a
s#ecified #eriod and the right of ordering the recover% from a #ension of the whole or
#art of an% #ecuniar% loss caused to 4overnmentV (and to the local authorit%) if, in a
de#artmental or judicial #roceeding, the #ensioner is found guilt% of grave misconduct or
negligence during the #eriod of his service including service rendered u#on re,
em#lo%ment after retirement:
1 3 ' & 3 T
218
$rovided that:
a) such de#artmental #roceedings, if instituted while the officer was in service,
whether before his retirement of during his re,em#lo%ment shall, after the final
retirement of the officer, be deemed to be a #roceeding under this article and shall be
continued and concluded b% the authorit% b% which it was commenced in the same
manner as if the officer had continued in serviceG
b) such de#artmental #roceeding, if not instituted while the officer was in
service, whether before his retirement or during his re,em#lo%ment.
i) shall not be instituted save with the sanction of the 4overnment.
ii) 1hall not be in res#ect of an% event which took #lace more than four %ears before
such institutionG and
iii) shall be conducted b% such authorit% and in such #lace as the 1tate 4overnment
ma% direct and in accordance with the #rocedure a##licable to de#artmental
#roceedings in which an order of dismissal from service could be made in relation to the
officer during his serviceG
c) no such judicial #roceedings, if not instituted while the officer was in service,
whether before his retirement or during his re,em#lo%ment, shall be instituted in res#ect
of a cause of action which arose or an event which took #lace more than four %ears
before such institutionG
d) the ndhra $radesh $ublic 1ervice 'ommission shall be consulted before final
orders are #assed.
3;#lanation.,,, Bor the #ur#ose of this article:
a) a de#artmental #roceedings shall be deemed to be instituted on the date on
which the statement of charges is issued to the officer or #ensioner, or, if the officer has
been #laced under sus#ension from an earlier date, on such dateG and
1 3 ' & 3 T
219
b) a judicial #roceeding shall be deemed to be instituted:
(i) in the case of a criminal #roceeding, on the date on which the com#laint
or re#ort of #olice officer on which the 8agistrate takes cogni2ance, is made and
(ii) in the case of a 'ivil #roceedings, on the date of #resentation of the #laint
in the 'ourt.
(4.9.8s.7o. =-., Binance, dated +
th
June, .-?=)
RULINGS
1. The reduction of #ension under this article shall be effected in while ru#ee onl%.
(4.9.8s.7o.=-, Binance, dated .
st
Bebruar%, .-+= )
*. "f an officer against whom an en(uir% is held is unable to satisfactoril% account
for #ossession b% himself or b% an% other #erson on his behalf, e.g., de#endents, of
#ecuniar% resources of #ro#ert% dis#ro#ortionate to his known sources of income, a
charge of corru#tion should be #resumed to have been #roved against him and the
case will come within the #urview of rticle =>., of the 'ivil 1ervice &egulations. The
#osition is that the term Igrave misconductJ used in rticle =>., of the 'ivil 1ervice
&egulations is wide enough to include Icorru#t #racticesJ. "n cases where the charges
of corru#tion is #roved onl% after #ension has been sanctioned and it is not therefore
#ossible to invoke the #rovisions of rticle 0+: of the 'ivil 1ervice &egulations, action to
withhold or withdraw #ension ma% be taken under rticle =>.,, 'ivil 1ervice
&egulations. "n this connection, the #rovisions of sub,#aragra#h (b) (ii) and
#aragra#h ( c ) of the #roviso to rticle =>., of the 'ivil 1ervice &egulations
are to be noted carefull%. "n accordance with those #rovisions the #ro#ert%
or #ecuniar% resources in res#ect of which the de#artmental or judicial #roceedings are
instituted under rticle =>., of the 'ivil 1ervice &egulations should
have been in #ossession of the #erson concerned or an% other #erson
on his behalf, an%time within the #eriod of four %ears before the institution of such
1 3 ' & 3 T
220
$roceedings if not instituted while the officer was on dut% either before retirement or
during re,em#lo%ment. (4.9.8s.7o.*=?, Binance De#artment, dated *-
th
1e#tember,
.-+=).
=. The death,cum,retirement gratuit% admissible under the ndhra $radesh
Eiberalised $ension &ules, .-?., has been consistentl% viewed as a git and not a debt.
"t follows that no individual has a right to claim the whole or an% #art of it. "t would,
therefore, be o#en to 4overnment to decline to #a% it even in the absence of a s#ecific
rule to that effect. "t ma% not, therefore, be necessar% to go into the (uestion whether
the term #ension occurring in rticle =>.,, 'ivil 1ervice &egulations includes the
death,cum,retirement gratuit% or not.
"t means 4overnment have got full right to withhold the dealth,cum,retirement
gratuit% in full or #art or to recover the #ecuniar% losses from the death,cum,retirement
gratuit% irres#ective of the #osition whether the word I$ensionL in rticle =>.,, 'ivil
1ervice &egulations includes death,cum,retirement gratuit% or not. (4.9.8s.7o.=:+,
Binance De#artment, dated *.
st
December, .-+=).
0. ccording to #roviso (a) of rticle =>.,, 'ivil 1ervice &egulations,
de#artmental #roceedings, if instituted while the officer was in service, whether before
his retirement or during his re,em#lo%ment shall, after the final retirement of officer, be
deemed to be #roceedings under the said rticle and shall be continued and concluded
b% the authorit% b% which it was commenced in the same manner as if the officer had
continued in service. (uestion has been raised whether in the case of an officer
whose case #roceedings against whom were instituted b% an authorit% subordinate to
the 4overnment, order for withdrawal with holding of #ension can be #assed b% the
subordinate authorit% on the conclusion of the #roceedings, or that authorit% should refer
the case to the 4overnment for final orders.
1 3 ' & 3 T
221
The function of the Disci#linar% uthorit% is onl% to reach a finding on the
charges and to submit a re#ort recording its findings to the 4overnment. "t is then for
the 4overnment to consider the findings and take a final decision under rticle =>.,,
'ivil 1ervice &egulations. "n case 4overnment decide to take action under rticle =>.,
, 'ivil 1ervice &egulations, in the light of the findings of the Disci#linar% uthorit%, the
4overnment will service the #erson concerned with a show,cause notice s#ecif%ing the
action #ro#osed to be taken under rticle =>.,, 'ivil re(uired to submit his re#l% to the
show,cause notice within such time as ma% be s#ecified b% the 4overnment. The
4overnment will consider the re#l% and consult the ndhra $radesh $ublic 1ervice
'ommission. "f as a result of such consideration in consultation with the 'ommission, it
is decided to #ass an order under rticle =>.,, 'ivil 1ervice &egulations, necessar%
orders will be issued in the name of the 4overnment.
(4 .9. 8s. 7o.=:?, Binance De#artment, dated *.
st
Dec, +=)
rticle 7o. 0+::,,,, ( ward of full #ension)
a) The full #ension admissible under the rules is not to be given as a matter of
course, or unless the service rendered has been reall% a##roved.
b) "f the service has not been thoroughl% satisfactor%, the authorit% sanctioning
the #ension should make such reduction in the amount as it thinks #ro#er. 7ote: (a)
rticle 0+: cannot be used directl% to effect a #enal recover%, but the 4overnment are
justified in making #roof of a s#ecific instance of fraud or negligence b% an officer, the
ground for a finding that his service has not been thoroughl% satisfactor% with the
meaning of the article for the #ur#ose of reducing the #ension:
c) the measure of the reduction in the amount of #ension made under
the article should be the e;tent b% which the officersJ service as a whole
has failed to reach a thoroughl% satisfactor% standard, and an% attem#t to e(uate
1 3 ' & 3 T
222
the amount of reduction with the amount of loss caused to the 4overnment is incorrect.
d) the article contem#lates #ermanent reduction in the amount of #ension ordinaril%
admissible and does not admit of the reduction of the #ension #a%able in res#ect of an% one
#articular %ear.
e) the article does not o#erate to authori2e a reduction of ordinar% #ension either to
nothing or to a nominal amount.
(4. 9. 8s. 7o. >>/, Binance, dated =:
th
9ctober, .-?=)
RULINGS
1. The #ower to reduce #ension has not been delegated b% 4overnment to subordinate
authorities.
(4.9. 7o..==, Binance ($ension), dated .?
th
8arch, .-*:,
7o. 1. .*+ of .-.- < *:)
"n the case of non,ga2etted officers whose #ension can be sanctioned b% the authorities
com#etent to fill the #osts vacated b% the retiring officers when such authorities are of a rank
less than he Heads of De#artments, their #ension can be reduced u# to .:O b% the authorit% to
whom a##eals lie in cases of #unishments under the 'ivil 1ervice ('lassification, 'ontrol and
##eal) &ules inflicted b% the said authorit% com#etent to sanction the #ension.
(4. 9. 8s. 7o.==>, Binance, dated .*
th
9ctober, .-?0) .
*. 5ith reference to article 0+: (b), if the authorit% or officer em#owered in #aragra#h .
su#ra considers that it is o#en to (uestion whether the full #ension admissible under regulations
should be granted to an officer, owing to his unsatisfactor% character and conduct, the #ension
a##lication shall be submitted to the 4overnment for orders with a concise statement of the
unfavourable circumstances a##earing against that officer, and a sufficient e;#lanation thereof
to enable the 4overnment to form an o#inion as to the #riorit% of reducing the #ension.
[G. O. N0. 526 P2C-B0C"' :!12: 16
1;
3I@F' 1914' !C: N0. 746 P2C-B0C"' :!12: 14
1;
N0G2=>27' 1914' A. G-. P2C. MB-. N0. 1-1 0? 1908-15"-J
1 3 ' & 3 T
223
=. Bor instructions regarding the grant of full #ension in case where losses are caused
to 4overnment as a result of negligence or fraud on the #art of the #erson concerned while in
service, etc., attention is invited to 4.9.7o./0>, Binance ($ension), dated *-
th
9ctober, .-=>.
4s. 'ase $) ?,> of .-=>,=?.
0. 7ot #rinted.
>. $lease see ruling * under article 00..
?. "n all cases of reduction of #ension under this article, the officer concerned
shall be informed in writing b% the com#etent authorit% to reduce the #ension, of the
#ro#osal to take such action in regard to him and of the allegations on which the action
is #ro#osed to be taken and is given an o##ortunit% to make an% re#resentation he ma%
wish to taken into consideration b% such authorit%.
+. The reduction of #ension under this article shall be effected in while ru#ees onl%.
(4.9. 8s. 7o. =-, Binance, dated .
st
Bebruar%, .-+=).
/. "f an officer against whom an en(uir% is held is unable to satisfactoril%
account for #ossession b% himself or b% an% other #erson on his behalf, e.g.,
de#endents of #ecuniar% resources or #ro#ert% dis#ro#ortionate to his known
sources of income, a charge of corru#tion should be #resumed to have
been #roved against him and the case will come within the #urview of article
0+: of the 'ivil 1ervice &egulations. The #osition is that the service of an officer
against whom a charge of corru#tion has been #roved whether in a s#ecific case
or b% the #resum#tion stated above cannot be considered to be thoroughl% satisfactor%.
s such, failure on the #art of the officer concerned to e;#lain satisfactoril% the
#ossession of wealth dis#ro#ortionate to his known sources of income is sufficient to
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224
5arrant a reduction being made in the amount of his #ension under rticle 0+: of the 'ivil
1ervice &egulation. 1uch action under rticle 0+:, 'ivil 1ervice &egulation, should, however,
be taken onl% after a charge of corru#tion has been #roved in the above manner in formal,
de#artmental en(uir%.
(4.9.8s.7o.*=?, Binance De#artment, dated *-
th
1e#tember, .-+=)
-. 7o reduction should be made reducing the #ension below &s. .> #er mensum
including the tem#orar% increase which is the minimum #ension #rescribed even in cases where
a reduction in #ension is ordered b% the sanctioning authorit%.
(4.9. 8s. 7o. =:>, Binance De#artment, dated *.
st
December, .-+=)
3;tracts of the H%derabad 'ivil 1ervices &ules 8anual
()olume " < &ules).
&ule *=>: The full #ension admissible under the rule is not to be given as a matter of
course, unless, the service rendered has been satisfactor%
&ule *=? : "f the service has not been thoroughl% satisfactor% the authorit%,
sanctioning the #ensions should make such reduction in the amount as it thinks #ro#er.
7ote: (.) The #ower to reduce #ension shall be e;ercised b% 4overnment onl%.
7ote: (*) Hnder the H%derabad 'ivil 1ervices ('lassification, 'ontrol
and ##eal) &ules reduction of #ension is not a statutor% #enalt% and it is
not obligator% on the #art of authorit% concerned to give the officer concerned an
o##ortunit% to show cause wh% his #ension should not be reduced. However,
the #rocedure #rescribed in &ule *. of the H%derabad 'ivil 1ervices ('lassification,
'ontrol and ##eal) &ules, shall be followed in cases where a reduction in #ension is
contem#lated on the basis of fresh allegations, if an% which come to notice
after the retirement of the 4overnment 1ervant and of which the 4overnment
1 3 ' & 3 T
225
1ervant has had no #revious o##ortunit% to give his e;#lanation. Aut, if the #ro#osed reduction
is based on the #ast record of his service including #revious #unishments or censures it shall
not be necessar% to follow the #rocedure #rescribed above.
7ote : = (a) &ule *=? cannot be used directl% to effect a #enal recover% but the
4overnment are justified in making #roof of a s#ecific instance of fraud or negligence b% an
officer, the ground for finding that his service has not been thoroughl% satisfactor% with the
meaning of the rule for the #ur#ose of reducing his #ensionG
b) the measure of the reduction in the amount of #ension made under the rule should
be the e;tent b% which the officerJs service as a whole has failed to reach a thoroughl%
satisfactor% standard, and an% attem#t to e(uate the amount of reduction with the amount of
loss caused to the 4overnment is incorrectG
c) the rule contem#lates #ermanent reduction in the amount of #ension ordinaril%
admissible and does not admit of the reduction of the #ension #a%able in res#ect of an% one
#articular %earG
d) the rule does not o#erate to authori2e a reduction of ordinar% #ension either to
nothing or to a normal amount.
(4. 9. 8s. 7o. =/?, Binance, dated ?
th
9ctober, .-?. and
4. 9. 8s. 7o. >//, Binance, dated =:
th
7ovember, .-?=).
&ule *=/: Buture good conduct is an im#lied condition of ever% grant of #ension. The
4overnment reserve to themselves the right of withholding or withdrawing a #ension or an% #art
of it, for a s#ecified time, or forever, if the #ensioner be convicted of serious crime or found guilt%
of grave misconduct.
&ule *=-: The 1tate 4overnment further reserve to themselves
the right of withholding or withdrawing a #ension or a% #art of it, whether #ermanentl% or
for a s#ecified #eriod and the right of ordering the recover% from a #ension
of the whole or #art of it, whether #ermanentl% or for a s#ecified #eriod and
the right of ordering the recover% from a #ension of the whole or #art of an%
#ecuniar% loss caused to 4overnment, if, in a de#artmental or judicial #roceeding, the
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226
$ensioner is found guilt% of grave misconduct or negligence during the #eriod of his
service including service rendered u#on re,em#lo%ment after retirement.
$rovided that,SSSSSSSSSS
a) such de#artmental #roceeding, if instituted while the officer was in service, whether
before his retirement or during his re,em#lo%ment, shall, after the final retirement of the officer,
be deemed to be a #roceeding under this article and shall be continued and concluded b% the
authorit% b% which it was commenced in the same manner as if the officer had continued in
serviceG
b) such de#artmental #roceeding, if not instituted while the officer was in service,
whether before his retirement or during his re,em#lo%ment:,,,
i) shall not be instituted save with the sanction of the 4overnmentG
ii) shall not be in res#ect of an% event which took #lace more than four %ears before such
institutionG and
iii) shall be conducted b% such authorit% and in such #lace as the 4overnment ma% direct
and in accordance with the #rocedure a##licable to de#artmental #roceedings in which an order
of dismissal from service could be made in relation to the officer during his serviceG
c) no such judicial #roceedings, if not instituted while the officer was in service, whether
before his retirement or during his re,em#lo%ment, shall be instituted in res#ect of a cause of
action which arose or an event which took #lace more than four %ears before such institutionG
and
(d) the ndhra $radesh $ublic 1ervice 'ommission shall be consulted before final
orders are #assed.
3;#lanation : Bor the #ur#ose of this article:
(a) a de#artmental #roceeding shall be deemed to be instituted on the date on
which the statement of charges is issued to the officer or #ensioner, or if the officer has been
1 3 ' & 3 T
227
$laced under sus#ension from an earlier date, on such dateG and
b) a judicial #roceeding shall be deemed to be institutedG
i) in the case of criminal #roceeding on the date on which the com#laint or re#ort
of #olice officer, on which the 8agistrate takes cogni2ance, is made, and
ii) in the case of a civil #roceeding, on the date of #resentation of the #laint in the
'ourt.
&ule *=-, : (.) 5here an% de#artmental or judicial #roceedings is instituted
under &ule *=- or where a de#artmental #roceeding is continued under clause ( a ) of
the #roviso thereto against an officer who has retired on attaining the age of com#ulsor%
retirement or otherwise, he shall be #aid during the #eriod commencing from the date of
his retirement to the date on which, u#on conclusion of such #roceeding, final orders
are #assed, a #rovisional #ension not e;ceeding the ma;imum #ension which would
have been adminissible on the basis of his (ualif%ing service u# to the date of
retirement, or if he was under sus#ension on the date of retirement, u# to the date
immediatel% #receding the date on which he was #laced under sus#ension, but no
gratuit% or death,cum,retirement gratuit% shall be #aid to him until the conclusion of
such #roceeding and the issue of final orders thereon
*) $a%ment of #rovisional #ension made under clause (.) shall be adjusted
against the final retirement benefits sanctioned to such officer u#on conclusion of the
aforesaid #roceeding but no recover% shall be made where the #ension finall%
sanctioned is less than the #rovisional #ension or the #ension is reduced or withheld
either #ermanentl% or for a s#ecified #eriod.

7ote: The grant of #ension under this rule shall not #rejudice the o#eration of
rule *=> and *=?, H.'.1.&. when final #ension is sanctioned u#on conclusion of the
#roceeding.
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