Conduct & Disciplinary Rules – 47

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

5. The monetary limit of investigation as discussed is required to be followed meticulously.

1.        The amount of security deposit in case of EDAs. In respect of EDAs even in cases involving loss not exceeding the amount of security deposit, the discretion to waive prosecution shall be exercised only if the loss has been made good and there are extenuating circumstances like length of service to justify the exercise of the discretion.

2.        There shall be no objection to the report being lodged immediately with the police after preliminary enquiries have been completed where the nature or circumstances of the case i.e. in case of theft, highway robbery, attacks on employees, advantage on an immediate house search or the likelihood of accused absconding etc. require the case to be reported to the police immediately. As per DG(P) letter No. 18-75/85-Inv dated 23-12-85, the PMG may decide which case is to be reported to the police or not in case of thefts relating to petty articles. (R-80 and note 1 below it. Vol III] (DGP & T No. 6/5/70-Disc-dated 29-1-71).

3.        Cases involving bribery and corruption should normally be reported to SPE. If however in some cases which are of a very intricate nature it is felt that the local police will not be able to successfully investigate, the case may be reported to the SPE after the approval of the head of the circle.

4.        In the case of loss of insured articles, the Postmaster or head sorter should immediately report the loss as required by Rule 144. of Vol-V. He should make a thorough search in the office or mail van and if could not be found take down the names of all present noting the share which each had in the work of receiving, opening and handling the mail. If necessary, he should prevent any one from leaving the office or the platform at the terminal station pending the arrival of the police, who should invariably be called, in which an Insured article is received short. In case of short receipt an Insured article the officer in charge before calling the police should satisfy himself that a prima facie case has been established. [Rule 206(3) and note below it Vol. V]

6. CRIMINAL MISAPPROPRIATION AND CRIMINAL BREACH OF TRUST:

a.        in criminal misappropriation, the properties come into possession of the offender by some casualty or otherwise and he afterwards misappropriates it. In the criminal breach of trust, the offender is lawfully entrusted with the property and he dishonestly misappropriates the same, or wilfully surfers any other person to do so, instead of discharging the trust attached to it.

i.         In criminal misappropriation there is no contractual relation-ship, but there is such a relationship in criminal breach of trust.

ii.       In criminal misappropriation there is the conversion of the property coming into possession of the offender anyhow. but in criminal breach of trust there is the conversion of property held in a fiduciary character.

iii.     A breach of trust includes criminal misappropriation but the converse is not always true.

b.     Forgery - The ingredients are:

 - The making of a false document or part of it

 - Such making of a false document should be with intent

 - To cause damage or injury to the public or to any person

 - To support any claim or title

 - To cause any person to part with property or,

 - To enter into any express or implied contract, or,

- To commit fraud or that fraud may be committed.

c.  Some crimes & their implications

Section 161: "Being or expecting to be a public servant and taking a gratification in respect of an official act”.

Cognizable and non-bailable offence-punishable with imprisonment for 3 years or fine, or both-triable by a First Class Magistrate.

Section 218: “Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture-cognizable but bailable offence - Imprisonment for 3 years or fine or both-triable by a Magistrate of the First Class.

Section 262: “Using a Government stamp known to have been used before cognizable, but bailable offence-punishable with imprisonment for 2 years or fine or both can be tried by any Magistrate.

Section 263: "Erasure of mark denoting that stamps have been used - cognizable but bailable offence-punishable with imprisonment for 3 years of fine or both-triable by a First Class Magistrate.

 379: “Theft”-cognizable and non-bailable offence-punishable with imprisonment for 3 years or fine or both-triable by any Magistrate.

Section 392: "Robbery"- cognizable and non-bailable offence punishable with imprisonment (rigorous) for 10 years and fine-triable by the First Class Magistrate.

Section 403: "Dishonest misappropriation of movable property, or converting it to one's own use- non-cognizable and bailable offence, punishable with imprisonment for 3 years or fine or both-triable by any for by any Magistrate.

Section 409: Criminal breach of trust by public servant cognizable and non-bailable offence-punishable with imprisonment for life, or imprisonment for 10 years and fine triable by a First Class Magistrate (Criminal Breach of trust by a person other than a public servant falls under section 406 punishable with imprisonment for 3 years or fine or both.