102. Knowledge Spectrum – Discipline - ACTION ON INVESTIGATION REPORT -18
46. . What are the possible actions on the Preliminary Investigation Report?
Possible actions on the Preliminary Investigation report are as under:
(a) Closure of the case: In case the investigation report indicates that no misconduct has been committed, the case may be closed. (b) Action against false complaints: (c) Administrative action: This includes issue of warning, clarification to the decision making authorities, etc. (d) Minor Penalty Proceedings (e) Major penalty proceedings (f) Criminal prosecution
47. What actions are to be taken against persons filing false complaints?
Para 4.17.1 of the CVC Manual Sixth Edition, 2004, provides that If a complaint against a public servant is found to be malicious, vexatious or unfounded, it should be considered seriously whether action should be taken against the complainant for making a false complaint.
In case false complaints have been filed by Government servants, initiation of suitable departmental action against them may be considered by making reference to the authorities having disciplinary powers over such Government Servants.
Possibility of launching criminal prosecution under section 182 of IPC by lodging a complaint under section 195(1)(a) of Criminal Procedure must be explored.
48. What is the role of CVC in making decisions on Preliminary Investigation Reports?
First stage advice of CVC is to be obtained in respect of cases falling under purview of CVC. i.e. following types of cases:
(a) The cases which have been referred by the CVC for report (b) The cases having vigilance angle and (c) Pertaining to Group ‘A’ officer or a group of officers including a Group A officer
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