1000 TIT BITS ON DISCIPLINE -147
611. CRIMINAL PROCEEDINGS
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).
612. PRODUCTION OF DOCUMENTS TO POLICE/SEIZURE OF DOCUMENTS THEREOF ETC. IN COURSE OF INVESTIGATION
(a) (1) Records of Post Office or Mail office should be produced and information available in them should be given on the written order of any police officer who is making the investigation in a cognizable case under Cr. PC or any excise officer empowered by a local Govt. or Administration to investigate. Only those entries in the records should be disclosed which relate to the person or persons charged with the offence under investigation. In any other case the official in charge of the office should refer for orders, to the Head of the Circle, who will decide whether or not the information asked for should be withheld under section 124 of Indian Evidence Act. (R-152 of Vol-V)
(2) The Post Office does not authorize to hand over the record to police unless an order under section 95 of Cr PC is obtained by police officer from the District Magistrate, High court or Sessions Magistrate.
PMs and SPMs are authorised to furnish information to Income Tax/Sale Tax Officers.
Postmasters Sub-Postmasters are authorized to furnish information when asked for in writing by income tax officer/sales tax officer as bylaw they have been vested with powers of the civil court. The Postmasters/SPMs are also authorized to allow such officers to inspect money order, Books and also records relating to VP insured and parcel mail articles and to collect information in connection with assessment of income tax or sale tax etc. [Expl No. 4 below Rule 17 of Vol. Vl-part-1]
613. Deficiency in the cash or stamp balance
If a supervising officer finds a deficiency in the cash or stamp balance of a Post Office or record office, the Postmaster or Treasurer or both in the case of Post Offices or the Record clerk in the case of Record offices should be called upon to produce the money or stamps, if the official or officials cannot do so and are unable to give satisfactory explanation, an inventory of the cash and stamps actually found should be drawn up and got signed by two independent witnesses and action should be taken as prescribed in the rules on the subject of criminal offences in Chapter-IV P & T Manual Vol. II.
(Rule - 217 P & T Manual Vol. V).
614. GDS should be given time to bring the cash from where he kept for overnight custody
In case of an extra departmental Sub or Branch Office, when a deficiency in cash and stamp balance is noticed by a Supervising Officer, time should be given to the extra departmental agent to send for the cash, stamps, etc. and no charge of fraud should be made against him, unless he is unable to produce the full balance shown by the accounts within the time required for going to and coming back from the place where the cash is kept for safe custody. If any unreasonable delay occurs, the Supervising Officer should make local enquiries and if he has good reason to suspect dishonesty, he should proceed in accordance with the instructions given in the above rule.
(Rule—217 Note Below 1 & 2 of P & T Manual Vol. V).
615. REQUISITION OF AUDITED DOCUMENTS BY THE DEPARTMENTAL OFFICERS
Inspectors of Post Offices and postmasters should not send application for the return of void MOs direct to Audit, but only through supdt of POs or 1st class postmaster concerned. Inspectors of post offices, Postmasters and SPMs in LSG may call for paid MOs or IPOs from the Audit office direct for purpose of enquiry or reference.
Inspectors of Post Offices and Postmasters are not authorized to call for discharged postal certificates or SB-7 in respect of withdrawals. It should be requisitioned through the Supdt. of post offices or 1st class Postmaster.
(Rule 220/221 of P&T Man Vol-V)
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