1000 TIT BITS ON DISCIPLINE -146
606. A mere technical violation is not misconduct.
This means, e.g: a withdrawal form was passed without verifying the signature, but amount was correctly made to the correct party.
1992 (2) SLJ CAT 40 Cuttack
607. TIME LIMIT FOR INQUIRY AND INVESTIGATION
it is hereby laid down that departmental investigation in all frauds should be completed within six months from the date of detection of frauds.
(D.G Posts No. 8-1/Rlg/87-INV dt. 15-1-1988).
608. The monetary limit of investigation as discussed is required to be followed meticulously.
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.
609. PMG can decide the cases for prosecution
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).
610. 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)
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