Conduct & Disciplinary Rules – 62

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

1.    REVIEW OF INSPECTION REPORTS OF HPOS/SOS AND BRANCH OFFICES-REGARDING

In recent times several frauds involving huge amounts in Savings Bank and Cash certificates have come to light. The total amounts involved in these frauds were huge in comparison to the amount involved in the total number of fraud cases. Out of the total number of 3943 fraud cases of 1995-96, involving an amount of Rs. 492.51 lakhs, the number of fraud cases in SB and Cash certificates alone was 745 involving an amount of Rs. 139.14 lakhs which is 28% of total amount involved in the frauds. The matter was recently reviewed by the Secretary (Posts) to see whether the scrutiny of inspection reports of HPOs, Sub Post Offices and Branch Post Offices are being carried out as per the instructions and also whether the question relating to the Saving Bank and Cash certificates are being properly attended to by all inspecting offices.

2. An Inspection report reflects a clear picture of the working of an office and the aim of inspection should be result oriented. Directorate's instructions contained in No. 29-2/85-Inspn. dated 18.8.1988 and No. 17-3/92-Inspn. dated 2.7.1992 for review of the inspection reports by a higher authority. The inspection Head Post Office is carried out by the Divisional Supdt., and these reports are available in the Regional Office or Circle Office and are to be reviewed by the DPS/PMG/CPMG. Similar Inspection reports of the SOs and BOs are available in the Divisional Office because are to be reviewed by SSPOs/DySPOs. Inspection reports are also required to be reviewed at the time of annual inspection by the Inspecting Authority.

3. It is noticed that inspite of the prescribed reviews as above, cases of misappropriation are being noticed as a result of supervisory lapses at all levels. With a view to arrest this situation, Secretary (P) has ordered that:

i. Officers from the Directorate such as Members of the Board, Sr, DDG (Vig.)/DDG (PG) and Sr. DDG (Inspn.) may review paras relating to SB/Cash certificates reflected in the inspection reports of HO's/GPO's, whenever they happen to visit Regional/Circle Offices. They may submit their review report to the next higher authority

ii.  Similarly CPMG/PMG/DPS on their visits to divisional offices/HOs should also scrutinize paras relating to SB/Cash certificates attempted in the inspection reports of the SOs/BOs. This check will be in addition to the routine check prescribed during annual inspection.

4. It is requested that the above instructions may be noted by all concerned for compliance.

[DG(P) letter No. 17-4/96-Inspn. dt 8/1/97]

2.    OFFENCES UNDER VARIOUS ACTS AND CODE

Indian Post Office Act

1.        Misconduct of person employed to carry or deliver mail bags or postal article in course of transmission by post is

 In a state of intoxication when so employed or is guilty of carelessness or other misconduct, whereby the safety of any such mail bag or postal article is endangered, or loiters or makes delay in conveyance or delivery of any such mail bag or postal article or does not use due care and diligence safely to convey or deliver any such mail bag or postal article. Section 49

2.        Voluntary withdrawal from duty without permission or notice of person employed to carry or deliver mail bags or postal articles. Section 50

3.        Making false entry in the register kept by person employed to carry deliver postal articles. Section 51

4.        Theft, dishonest misappropriation, Secretion, destruction or throwing away of Postal articles. Section 52

5.        Opening, detaining or delaying Postal articles. Section 53

6.        Fraud in connection with official marks and for receipt of excess postage. Section 54

7.        Fraudulently preparing, altering Secreting or destroying Post Office documents Section 55

8.        Fraudulently sending unpaid postal articles. Section 56

9.        Defiling or injuring post office letter boxes. Section 62

10.     Making false declaration. Section 64

11.     Detaining mails or opening mail bags. Section 65

12.     Retaining Postal articles wrongly delivered. Section 68

13.     Unlawfully diverting letters. Section 69 

Indian Telegraph Act

1.        Establishing, maintaining or working un- authorised Telegraph. Section 20

2.        Unlawfully attempting to learn contents of message. Section 25

3.        Telegraph officer fraudulently sending messages without payment. Section 27

4.        Telegraph Officer is guilty of an act of drunkenness, carelessness or other misconduct whereby correct transmission or delivering message is impeded or delayed. Section 28

5.        Retaining message delivered by mistake. Section 30

 

Indian Penal Code

1.        Abetment of a thing. Section 107

2.        Public servant taking gratification other than legal remuneration in respect of official act. Section 161

3.        Taking gratification in order by corrupt or illegal means to influence public servants. Section 162

4.        Wearing garb or carrying token used by public servant with fraudulent intent. Section 171.

5.        Absconding to avoid service of summons or other proceedings. Section 172

6.        Obstructing public servant in discharge of public functions. Section 186

7.        Using as genuine a Govt. stamp known to be counterfeit. Section 260

8.        Effacing writing from substance bearing Govt. stamp or removing from documents a stamp used for it with intent to cause loss to Govt. Section 261

9.        Using Govt. stamp known to have been used. Section 262

10.     Erasure of mark denoting that stamp has Section-263 been used. Section 263

11.     A Prohibition of fictitious stamps. Section 263A

12.     Voluntarily causing hurt to deter public servant from his duty. Section 331

13.     Theft. Section 378

14.     Robbery Section 390

15.     Dacoity. Section-391

16.     Dishonest misappropriation of property. Section-403

17.     Criminal breach of trust. Section-405

18.     Criminal breach of trust by public servant, or banker merchant or Agent. Section-409

19.     Dishonestly receiving stolen property. Section-411

20.     Cheating. Section-415

21.     Cheating by personation. Section-416

22.     Cheating and dishonestly inducing delivery of property Section-420

23.     Mischief. Section-425

24.     Criminal Trespass. . Section-441

25.     Forgery Section-463

26.     Making a false document. Section-464

27.     Forgery of valuable security, will etc. Section-467

28.     Forgery for purpose of cheating. Section-468

29.     Forged document. Section-470

30.     Having possession of document described in Section-466 or 467, knowing it to be forged and intending to use it as genuine. Section-474

31.     Falsification of accounts. - Section-477A 

The Prevention of Corruption Act, 1988

1.        Public servant taking gratification other than legal remuneration in respect of an official act. Section- 7

2.        Criminal misconduct by public servant. Section-13

3.        Person authorised to investigate. Section-17

4.        Power to inspect Banker’s book. Section-18

Note: The Sections cited above are not exhaustive.

Conduct & Disciplinary Rules – 61

 

 DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

43. FREQUENCY AND NO OF DAYS ALLOWED FOR INSPECTION OF A POST OFFICE General Instructions.

It has been decided the inspection be revamped to make it an effective instrument of supervision. At the same time frequency of Inspection days has been reviewed and the following is the position of frequency of inspection as on today

1. H.O. - Annual inspection and verification 8 days; verification  -4 days

2. S.O. (HSG-1 & II) Annual Inspection – 4 days

3. S.O. (LSG)  Annual Inspection - 3 days

4. S.O. (I & Il Class) Annual Inspection - 2 days

5. S.O.(s)  First  Inspection - 2 days II Inspection - 2 days

6. N.D.S.O. Inspection - 1 day II Inspection - 1 day

7. EDBO I Inspection - 1 day II Inspection 1 day

8. EDBO (Bad office) 3rd Inspection - 1 day

Further, this is to mention that for making purposeful, standard questionnaire relevant for different types of Post Offices should be used. The questions to be looked into in the 2nd inspection of a BO are being circulated. Similar exercise will be carried out for Departmental so when the revised questionnaire is published.

(DG (posts) letter 17-3/92-Inspn dtd. 24.3.93)

44.NUMBER OF INSPECTION DAYS IN POST OFFICES.

A reference is invited to para 2 and 3 of DG (P) Office Memo, No. 29-1/85-Inspn. dated 13th May, 1986, wherein the number of inspection days for operative offices were ordered to be curtailed on experimental basis. The matter has been reviewed by the department in the light of the experience gained on implementation of these orders. After careful consideration, it has now been decided that, the number of days allowed for inspection of 1st and 2nd class no-delivery offices does not need any change. However, the number of days allowed for inspection of 1st and 2nd class delivery suboffices may be enhanced from the existing two days to three days and those allowed for the inspection of single handed non-delivery sub-offices be reduced from the existing two days to one day.

The number of days allowed for inspection of all other operative offices of Postal & RMS set will continue to be the same as laid down in this department's memorandum dated 13/05/86 cited above.

(DG(P) No. 17-1/97 Inspn. dt. 24-1-89]

1.    INSPECTION DAYS FOR 2ND INSPECTION

It has now been further decided that a period of one day be given for second inspection of all the no-delivery single Departmental Sub offices and EDSOS.

[DG(P) No. 17-1/92-Inspn. dated: 17-12-92

2.    INVESTIGATIONS AND INSPECTION OF HSG-II OFFICES.

Reference para-6, 54 of the minutes of the Heads of Circles Meet-92, which stated that investigation and inspections may be conducted by the IPO/IRMIASP/ASRM even if the officials in-charge-of those offices are in HSG-II because of BCR. These instructions may be followed in letter and spirits.

[DG (P) No. 17-5/92-Inspn. dated 18-5-93]

Conduct & Disciplinary Rules – 60

 DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

42. REVIEW OF INSPECTION PROCEDURE, OPERATIVE OFFICES GENERAL INSPECTIONS, ETC.

Pursuant to the decision taken in PMSG meeting held in December 1991, the following orders are being issued:

1.        Review of Inspection Procedures, Operative Offices, General Inspections:

a)       The existing procedure and the number of inspections in respect of HPOS, HSG Sub Offices, LSG Sub Offices may continue.

b)        Instructions have been issued for the second inspection of all single handed departmental SOs, EDSOs and EDBOs. For the second inspection of single handed DSO, one day may be given as only one day has been given even for the first inspection. It has been laid down that the second inspection would be like verification of the accounts. The questions which have to be handled in the second inspection will be communicated on finalising the Questionnaires for BOs and SOs.

2.        Review of Inspection Questionnaires:

a, Review of Inspection Questionnaire for various offices is being carried out. There is no need for making any fundamental changes in the inspection questionnaires.

b. It has been noticed that the inspections of operative offices by various inspecting officers are not being carried out properly on time. It is to be ensured that each circle should fix up the performance targets for each quarter taking into account the local conditions instead of the existing quarterly targets prescribed by the Directorate and intimate the targets to this office The monitoring will be done on the basis of the performance targets fixed by the Heads of Circles. It should be ensured that the programme should envisage completion of inspection by the end of November.

 3. Time Schedule for issue of IRs and VRs:

The following time schedule for issue of inspection reports and visit remarks should be followed:

a)       Sub Divisional Inspectors should issue IRs within 10 days and VRs within a week. Action on them should be taken within 15 days by the concerned Post Office/B.O. and Account Office. Action by the H.O./S.D.1/Divisional Office should be taken within one month.

b)       Inspection reports and visit remarks on sub office should be issued within 15 days and 10 days respectively. Action on concerned paragraphs of IRS and VRs should be completed within one month by SPM, Head Office and Divisional Office.

c)        IRs and VRs on Head Office should be issued within one month and 15 days respectively. Action should be completed by Head Office and Divisional Office within two months and by the circle office within three months.

d)       IRs on Division office should be issued within 20 days, compliance by Divisional office should be completed within two months and by circle office within three months.

e)        IRs on Regional Office should be issued within 30 days. Action by Regional Office and Circle Office should be completed within Three months and by Directorate, if any, within four months.

These instructions will also apply to Account Office, Office of S.E. (Civil). S.E.(Elect) and other administrative offices including presidency Post Offices.

f)        IRs on Postal Stores Depot/Circle Stamp Depots should be issued within one month and VRs within ten days. Action by the concerned Unit should be completed within two months and by the Office of Regional PMG/Circle office within three months.

g)       IRs on Circle Office should be issued within one month. Action by Circle Office should be completed within three months and by the Directorate within four months.

4. Review of IRs :

a) The IRs should be reviewed by the next higher authority to the Inspecting Officer of Head Office will be reviewed by the Director and the same will be put up to the Regional PMG/Chief PMG for information after review. IR of the Divisional Unit will be put up to the Regional PMG/Chief PMG for review.

b) Senior Postmaster will inspect one branch of Head Office each month and will send the IRs to the Sr. Superintendent or the Director, whoever is the immediate Controlling Officer of the Head Office.

5. Review of IRs and VRs for their compliance:

With a view to improving and streamlining the inspection work. It is essential to complete the compliance of the concerned paragraph of IRs and VRs. It is, therefore, enjoined that the Head of the Office must carry the review of pending IRs and VRs every month to ensure that no IRs/VRs are pending beyond the time schedule prescribed for completion of action on IRs and VRs. 6. Inspection of some units by CPMSG/PMsG:

The Postmasters General including the Chief Postmasters General should take up sufficient number of Units for inspection by them. The inspection of the Circle office or Regional Office by Director should be avoided. It could be done by CPMG or the PMG in the Circles when it is not carried out by the Directorate.

(DGP. No: 17-3/92-Inspn. dtd. 02/7/92)

Conduct & Disciplinary Rules – 59

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

39. PREVENTIVE MEASURES AGAINST LOSS/PILFERAGE OF SPEED POST ARTICLES

I am directed by Member (O) to bring to your notice preventive measures introduced at Delhi SPCC to curtail incidents of loss/pilferage/substitution of Speed Post Articles. As there have had a positive impact you may like to adopt these at your Speed Post Centres.

2.1 SP Centres from which the missing articles had originated were identified and bags from such centres were opened in the presence of Set Supervisor/IRM/ ASRM.

2.2 100% check of each articles received with reference to the number entered in the list vis-a-vis the number entered on the article;

2.3 The bag lable, seal, cord were preserved till the despatch of the article;

2.4 Before despatch also the Supervisor check all the articles ready for despatch. These precautions were introduced to eliminate scope for substitution of articles

2.5 Personal check by Supervisor of as many as articles as possible received in the bag from the identified SPCC to detect articles bearing any signs of tempering. A record of letters checked by the Supervisor was maintained and articles were also initialled in token of having been examined.

2.6 The offices of delivery which had figured in the complaints of loss/pilferage/ substitution of SP articles and its contents were identified. Every day Manager Speed Post would address some of the addressee of SP articles served by those offices to confirm correct and safe receipt of articles. A self addressed envelop for obtaining the reply was enclosed. Apart from seeking written confirmation from addressees, local PRI/IPO were also directed to contact some of the addressees through random selection to ascertain about correct and safe delivery of SP articles coming from SP centres identified for checking of SP articles.

2.7 In case of an article detected or suspected of bearing signs of tempering the Manager, SP shall follow the procedure prescribed under Vol. V for such articles like enclosing them in a pro-cover followed by open delivery under inventory

[DG(P) No. 32-46/99 BD(OPS) dt. 16.11.99)

 

40. HANDLING OF PUBLIC COMPLAINTS

1.        ACTION ON COMPLAINTS

Post office

1.        Extract of the complaint/suggestion recorded in the complaints and suggestion book whether pertaining to the PO or other post office should be forwarded to the Divl. Supdt. concerned along with the explanation/comments about the facts noted in the complaint so far as it relates to the post office itself. [Rule 48 B Postal Man. Vol. VI/I]

2.        Complaints otherwise presented by the public should also be accepted and forwarded to the Divl. Supdt. free of charge with comments as above. [Clause 76 of PO guide(old)]

3.        The complaint should be acknowledged. date stamped and indexed in a register prescribed. (DG P No. 3-25/90 P. Comp. dt. 20-6-90]

4.        A copy of the reply given by the Divl. Supdt. should also be endorsed to the Postmaster. The postmaster should record the gist of the reply against the complaint and then close it. [Rule 48 B of Postal Man. Vol. VI/I]

5.        Every P.O. irrespective of its status will also maintain an inward reference register for entering CPT-21 and search bills. All such references should be replied within 48 hours from the time of their receipt with complete and correct information. [Rule 48 A of Postal Man. Vol. VI/I]

 

41. COMPLAINTS RELATING TO UNREGISTERED ARTICLES

 

A)      Complaints relating to unregistered article should be examined to see whether it is preferred within 6 months from the date of posting and contains complete information. In case any information that is considered necessary for making enquiries has not been furnished, the complainant should be requested to forward the same along with the acknowledgements of the complaint.

B)       If the complaint is preferred in the office of posting, while forwarding the complaint to the Divl. Supdt. the following information should be furnished by the Postmaster

i)         Particulars of despatch in which letter could have been consigned.

ii)       If there had been any dislocation in the mail transmission during the period, it should be indicated in the forwarding letter.

iii)     The value of the postage stamps affixed on the letter and its contents in case of foreign outward article.

(C)  If the complaint is preferred in the office of delivery the following information should be furnished;

 i) Date of receipt of the letter in the office and the date of delivery.

ii) The mode of delivery.

iii) Whether there had been any previous complaint from the same person.

iv) Whether there has been hold up mails during the period in question.

(D) In the PO, it should be ensured that the addressee's instructions have been properly recorded and brought to the notice of the delivery staff concerned.

(E) Services of the PRI (Postal) should be utilised to verify with the complaints whether there has been improvement in the delivery of mails.

[Dte letter No. 3-49/90-P. Comp. dt. 4-1-91]

(F) Complaints involving disputed delivery of mails having legal angles, if any; should be referred to the circle office for guidance in accordance with clause 34 of PO guide Part. I(Old). 

Conduct & Disciplinary Rules – 58

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

36. PREVENTIVE MEASURES BEING ADOPTED BY DEPARTMENT TO CHECK FRAUD AND LOSSES.

(A)    MONEY ORDER DEPARTMENT

Mail overseers are required to verify payment of at least 50 MOs in a month and submit a list of MOs verified with the diary on the last working day of the month, Similarly town Inspectors are also required to verify payments of at least 50 MOs in a month. Likewise IPOs are also required to verify payments of at least 25 MOs paid by the postman and EDDAs every month.

(Rule 355(2) and 293(1) Vol - VIII)

2. By way of measure for the prevention of bogus MOs it has been ordered by the DG that the oblong MO stamp should be replaced by a skeleton stamp.

i) If the bogus MOs have been prepared by misusing the oblong Mo stamp on the issuing office.

ii) If the Bogus MOs have been prepared by using a replica of the oblong Mo stamp of the issuing office either in rubber or other-wise and the fictitious stamp has close resemblance to the genuine one so that the difference can not be easily noticed.

(DG P & T No. 13/55/65 CI dt. 28-2-66)

37. SPECIAL AUDIT REPORTS FOR WRITE OFF CASES.

While processing the cases of write off, it has been observed that Circle/ regions are sending special audit reports signed by Sr Accounts officers and Vigilance officers etc. The Integrated Finance wings have objected to the same and have requested that such reports should be signed by Director/Dy Director of Accounts/Circle IFAs along with their recommendations.

2. While forwarding the cases for write off loss, the following documents/ information should also be sent with reports;

a. Check list

b. SQF

c) Special audit report

d. CLI/DLI in case of fresh/new cases

e. Police report/Copy of court judgments, if any.

f. The normal and penal interest may be mentioned separately, whenever required.

g) Brief history of the case.

3. It has been observed that write off cases are sent without the recommendations of Heads of Circle/Regions for which they have to be addressed again and again which delays cases unnecessarily. The instructions may be brought to the notice of all concerned for compliance.

(DG (P) No; 3-11/M H-06/98-Inv dated 17.6.2003)

38. MONETARY LIMITS FOR HANDLING CASES OF LOSS/FRAUD FOR CONDUCTING THE INVESTIGATION AT DO/CO LEVEL

The existing money limits for conducting Divisional level and Circle level inquiries in the fraud/loss cases were last revised vide this Office ORDER No. 8.5/92 read with this Office order No. 8/5/92hiv., dated 18-12-1992.

The revision of these monetary limits was and the powers for review of the cases have been under consideration in this office. It has now been decided to revise the present monetary limits for handling of loss and fraud cases for conducting the investigation as under:

Limit Revised Limit

1.        Inspector (Posts) / Asstt Supdt. (Posts) - Rs.20,000

2.        Divisional Supdt, / Chief Postmaster Dy, Director Mumbai/ Kalkata GPOs -20,001 to 50,000

3.        Asstt. Director/APMG (Inv.) in the Circle-Office. - 50,001 to 1 Lakh

4.         Director, Postal Services/ Directors, Kalkata/Mumbai/ GPOs Postmasters General/ - Above1, lakh

3. The limit for cases of loss/fraud required to be reported to the Directorate has already been revised vide this office letter of even number, dated 7-2-2003 read with letter of even number, dated 24-6-2004 wherein the procedure for review of these cases has also been indicated.

4. As per the existing orders, in cases involving loss of Rs. Five lakhs or more, or cases of complex nature/or with special features irrespective of the loss involved, investigation from the Directorate may also be undertaken, though such cases shall continue to be investigated and processed by the Circles. The investigation y the Directorate will not substitute the investigation by the Circles which is primarily their responsibility.

5. Following procedure for review of cases up to Rs. One lakh in the Circle may be followed:

a. Cases investigated by Inspector, Posts/ASPOs up to Rs. 20,000 may be reviewed by the Divisional Supdt/Senior or Chief Postmaster/Deputy Director of Mumbai/ Kolkata GPO, as the case may be., These cases will have to be reported to RO/ Co followed by detailed enquiry report and follow up action on the inquiry report.

b. Cases investigated up to Rs. 50,000 by the Divisional Supdt./ St, or Chief Postmaster may be reviewed in the Circle Office by the DPS/APMG (Inv.) and submitted to the Director, Postal Services for information and orders. In respect of cases investigated by Dy. Director of Mumbai / Kolkata GPO, the review may be carried out by the Director Mumbai/ Kolkata (GPO) © cases investigated by the ADPS/APMG (Inv.) of the Circle Office up to Rs. 1 lakh may be reviewed by the Director, Postal Services and, put up to PMG/CPMG for information and orders,

6. The investigation in the cases involving amount over Rs. One lakh will be carried our by the Director or by the PMG/CPMG, inquiries by PMG or CPMG, in addition to the enquiries made at Director level, may be ordered by the Directorate where considered necessary or conducted at the discretion of CPMG/PMG himself. The office of Director of Accounts (Postal) is also expected to detect and prevent frauds though the mechanism, of cross-checking of account and documents received from the Post Offices.

Wherever investigations into fraud case relates to the worked and the responsibilities of the office of Director of Accounts (Postal). The CPMSG/ Regional PMsG should communicate various acts of omissions and commissions on the part of the staff of Postal Accounts office and call for the comments of the Director of Accounts (Postal) wherever considered necessary, further investigations can be made either by deputing a senior officer from the Circle or themselves at their discretion.

7. In every case where the loss exceeds Rs. 2 lakhs an intimation should be sent in the first instance to ADG (Investigation)

8. Heads of Circle will continue to maintain necessary statistical data in respect of loss/fraud cases pertaining to the different Regions to the Circle.

9. This order will be applicable to all cases detected after 1-8-2004,

(DOP No 8-3/2002-Inv dtd 29.7.2004)