C.C.S. (C.C.A.) RULES, 1965 – PRELIMINARY INVESTIGATION
COMMENCEMENT OF PENAL ACTION FOR
MISCONDUCT
I.
Preliminary
investigation - Purpose
1. Whenever a report or complaint is
received against the conduct of a Government servant, a preliminary
investigation is conducted to find out whether an offence has taken place and,
if so, whether the Government servant concerned is prima facie involved in it.
2. During the course of such
investigation, all available evidences and relevant documents are collected.
Written statements are also obtained from the witnesses. Such an investigation
may be held ex parte, i.e., in the absence of the officer against whom the
complaint has been received.
3. However, depending on circumstances,
he may be given an opportunity to explain his position, which may render the
regular inquiry proceedings unnecessary.
4. Sources of information about misconduct,
corruption, etc.
Complaints
are the main source of information about corruption, misconduct, etc. They may
be received from
(i) Members of public;
(ii) Public Association/Organization;
(iii) Members of Parliament/ Legislative
Assembly;
(iv) Government servants,
(v) Press Reports, etc.
Anonymous or pseudonymous complaints
are not ordinarily acted upon.
5. The preliminary enquiry is in the
nature of a "fact-finding enquiry". The investigation report along
with the preliminary evidences collected is examined by the appropriate
authority to come to a decision whether a prima facie case exists for
instituting criminal prosecution or formal disciplinary proceedings.
6. At that stage, the question to be
decided is not whether the Government servant complained against is guilty or
not of the allegation. It has to be considered whether a prima facie case
exists of the reported offence/misconduct/misdemeanor/dereliction of duty.
7. The main purpose is to find out
whether an offence has actually taken place, and, so, whether the Government
servant is prima facie involved in it. If there is prima facie evidence of
commission of criminal offence beyond reasonable doubt, initiation of criminal
prosecution is to be considered.
8. In other cases, involving less serious
offences or involving malpractices of a departmental nature, departmental
disciplinary proceedings should be resorted to.
9. Proceedings can be initiated not only
for the violation of the provisions of CCS (Conduct) Rules, but also for the
misconduct which falls outside the Government servant's official functions if
it reflects on his reputation for good faith, honesty, integrity and devotion
to duty.
10. Appropriate disciplinary action may be
called for even in cases where there is no loss of public funds, but the
Government servant's conduct speaks of bad conduct. Cases of shortage or loss
due to theft, fraud, negligence, financial irregularity –
Sir
ReplyDeletePoints relating to preliminary investigation👌 those who don't know may learn this chapter.🙏