C.C.S. (C.C.A.) RULES, 1965 – PRELIMINARY INVESTIGATION
I.
Government
of India's instructions regarding criminal prosecution - Prosecution should precede departmental
action
The following procedure should
normally be adopted in cases of alleged misconduct of Government servant.
2. As soon as sufficient evidence is
available for the purpose in the course of investigation in cases of
misconduct, whether such investigation is conducted departmentally or through
the police (including the Special Police Establishment), action should be taken
forthwith. It has been decided that prosecution should be the general rule in
all those cases which are found fit to be sent to Court after investigation and
in which the offences are of bribery, corruption or other criminal misconduct
involving loss of substantial public funds. In such cases, departmental action
should not precede prosecution. In other cases involving less serious offences
or involving malpractices of a departmental nature, departmental action only
should be taken and the question of prosecution should generally not arise.
Whenever, however, there is unresolved difference of opinion between the
Central Bureau of Investigation and the Administrative Authority concerned as
to whether prosecution in Court or departmental action should be resorted to in
the first instance, the matter should be referred to the Central Vigilance
Commission for advice.
3. Before initiating criminal
proceedings advice on evidence should be obtained from Government Counsel, and
in more important cases from the Attorney-General or the Solicitor General.
Where the conduct of an officer discloses a grave offence of a criminal nature,
criminal prosecution should be the rule and not the exception. Where competent
authority is satisfied that there is no criminal case which can be reasonably
sustained against such officer, criminal prosecution should not, of course, be
resorted to; but prosecution should not be avoided merely on the ground that
the case might lead to an acquittal.
[Govt. of India, M.H.A., O.M. No. F.
39/30/54-Ests., dated the 7th June, 1955 and No 39/8/64-Ests. (A), dated the
4th September, 1964.]
Sir
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Thanks Comrade for sharing information.
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