C.C.S. (C.C.A.) RULES, 1965 – PRELIMINARY INVESTIGATION
I.
CRIMINAL
PROSECUTION
After preliminary investigation, the
Disciplinary Authority has to decide whether criminal or departmental proceedings
should be initiated.
Criminal proceedings - When
Initiation of criminal proceedings is
considered in cases of complaints of bribery, corruption or other criminal
misconducts, subject to the condition that sufficient evidence is available to
sustain the charges in the criminal prosecution.
Criminal misconduct by a public
servant
(1) A public servant is said to commit
the offence of criminal misconduct
(a) if he habitually accepts or
obtains or agrees to accept or attempts to obtain from any person for himself
or for any other person any gratification other than legal remuneration as a
motive or reward such as is mentioned in Section 7; or
(b) if he habitually accepts or
obtains or agrees to accept or attempts to obtain for himself or for any other
person, any valuable thing without consideration or for a consideration which
he knows to be inadequate from any person whom be knows to have been or to be
likely to be concerned in any proceeding or business transacted or about to be
transacted by him or having any connection with the official functions of
himself or of any public servant to whom he is subordinate or from any person
whom he knows to be interested in or related to the person so concerned; or
(c) if he dishonestly or fraudulently
misappropriates or otherwise converts for his own use any property entrusted to
him or under his control as a public servant or allows any other person so to
do; or
(d) if he,
(i) by corrupt or illegal means,
obtains for himself or for any other person any valuable thing or pecuniary
advantage; or
(ii) by abusing his position as a
public servant, obtains for himself or for any other person any valuable thing
or pecuniary advantage; or
(iii) while holding office as a public
servant, obtains for any person any valuable thing or pecuniary advantage
without any public interest; or
(iv) if he or any person on his
behalf, is in possession or has, at any time during the period of his office,
been in possession for which the public servant cannot satisfactorily account
for, of pecuniary resources or property disproportionate to his known sources
of income. Explanation : (1) For the purposes of this Section "known
sources of income means income received from any lawful source and such receipt
has been intimated in accordance with the provisions of any law, rules or
orders for the time being applicable to a public servant."
(2) "Any public servant who
commits criminal misconduct shall be punishable with imprisonment for a term
which shall not be less than one year but which may extend to seven years and
shall also be liable to fine" [Section 13 of the Prevention of Corruption
Act, 1988.]
Sir
ReplyDeleteSec13 of prevention of corruption act 1988 one year to seven year imprisonment with fine stated above.My question is when will be implemented.Is there any ceiling of amount involved? 🙏