Conduct & Disciplinary Rules – 48

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

7. DEPARTMENTAL PROCEEDINGS AND PROSECUTION IN CASE OF CRIMINAL MISCONDUCT

i.         As soon as sufficient evidence is available for the purpose in the course of investigation in case of misconduct either through departmental inquiry or through police (including SPE) action should be taken under CCS(CCA) rules or other appropriate disciplinary proceedings should be initiated forthwith. (R-128 B Vol-II)

ii.       In suitable case criminal proceeding should be initiated where the competent authority is satisfied that there is no criminal case which can be reasonably sustained against such an 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. (R 128-C Vol-II)

iii.     In case a Govt. Servant is acquitted during the trial court, it may be necessary to review the decision taken earlier as a result of the departmental proceedings. It should be seen whether the legal proceedings and departmental proceedings covered precisely the same ground. If they did not and if the legal proceedings related only to one or two charges, it may not be found necessary to alter the decision already taken. In such cases the competent authority may in the departmental proceedings hold that the Govt. Servant was guilty of a departmental misdemeanour and he had not believed in the manner in which he was expected to behave. (R 128-D Vol-II)

8. CRIMINAL PROCEEDINGS

In all criminal cases the distinction between cognizable and non-cognizable offence (see section 4(1) and (n) of the Criminal procedure code) should be carefully observed. All cases of highway robbery, theft, criminal breach of trust, cheating by impersonation and all offences under section 52 of the P.O. Act are cognizable by police; but cheating (otherwise than by impersonation), forgery, and all offences under the Post Office Act (except those under section 52) and under the Telegraph Act (except such as are punishable with imprisonment for three years or more) are non-cognizable. Offences under section 20 of the Indian Telegraph Act are non-cognizable. (R-129 Vol-II)

2. In cognizable cases it should be remembered that, when information has once been given to the police under section 154 of the Criminal Procedure Code, the action to be taken in the matter will be controlled by the police. The local officer of the department should however keep in close personal touch with the progress of the enquiry and should render the police every possible assistance. There are however cognizable cases in which a prosecution may not be desirable and the orders of the Supdt/Sr. Supdt. of POs or RMS, Presidency postmaster, Ist class Postmaster or of officers of and above the rank of deputy superintendent in charge of a departmental telegraph office, as the case may be, should be obtained before information is laid against the offender, except in cases of urgency where there is reason to believe that the offender will abscond or in which immediate action is necessary in order to secure evidence.

 Note:- Before informing the police the officer concerned should satisfy himself that documentary or other evidence actually available affords reasonable grounds for believing that a cognizable offence has been committed and that the suspected official acted with dishonest intent. (R 130 Vol-II)

3. In non-Cognizable cases, the Supdt/Sr Supdt. of POs of RMS as the case may be must take up investigation with the least possible delay; but if it is necessary or advisable to obtain the aid of the police, the fact should be placed in writing before the nearest Magistrate having jurisdiction, and he should be requested under section 155 of the Cr P.C. to direct the police also to hold an investigation.  (R 131 Vol-II)

4. When criminal case comes up for hearing in the court an IPOs/IRM or other officer should ordinarily be instructed to be present in the court to represent the Dept. and to give information on any matters of departmental procedure. (R 145 Vol-II)

1.      No prosecution can be launched against a govt. Servant for offences under section 161, 164 or 165 of IPC or section 5 of prevention of corruption Act 1947 without the sanction of the appropriate administrative authority. (Section 6 of the POC Act 1947)