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.