Conduct & Disciplinary Rules - 52 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

 Conduct & Disciplinary Rules - 52 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

 Conduct & Disciplinary Rules - 52 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

Conduct & Disciplinary Rules – 52

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

21. VERIFICATION OF PAST WORK

In a large number of cases, it is seen that the verification of past work takes a number of months and sometime years. As you are aware, unless total amount involved in the frauds identify and segregate the cases fit for prosecution, initiate action to settle the claims etc. Normally, the delay in completion of verification of past work is attributed to the Sub-Divisional Inspectors / ASPOs being tied up with a number of other fraud cases and allied duties. In such circumstances, it is incumbent on the part of the Divisional Heads to take special steps to get the verification completed on priority basis, if necessary, by utilising the services of Complaints Inspectors / P. R. Is / Mail Overseers / Other S. D. Is etc.

It is therefore enjoined upon all the Investigating Agencies that verification of past work should be completed within 3 months of the detection of the fraud without fail and any delay beyond this period will have to be viewed very seriously.

(D. G Posts No. 8-1/RLG/87 INV dt. 15-1-1988).

22. PRESERVATION OF RECORDS

Offices dealing with irregularities or complaints involving pecuniary claims should ensure that all relevant records, including those kept in the Audit office, are requisitioned and preserved till the investigation is finally completed.

(Rule 218A of P & T Manual Vol. V).

Note D.G. P&T in his letter No 19-5/70-D dt. 10.9.70 has prescribed a proforma for preservation of records which is to be kept in the divisional office.

23. LIMIT OF LOSS NOT SUBSTANTIAL IN NATURE - REPORT TO THE POLICE NOT OBLIGATORY

Prosecution should be the general rule in all those cases which are found fit to be sent to the court after investigation and in which the offences are of bribery, corruption or other criminal misconduct involving loss of substantial public funds.

In other cases, involving loss, serious offences or involving malpractices of a departmental nature, only departmental action should be taken and the question of prosecution should generally not arise.

A case involving loss of substantial funds would be a case in which the loss exceeds:

(i)      Rs. 50,000/- in respect of a departmental employee and

(ii)     the amount of Security Deposit in the case of an extra departmental employee. In respect of Extra Departmental Employees, 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 discretion.

(Rule 80 & Note-I of P & T Manual Vol. III).

24. LOSS / THEFT OF PETTY ARTICLES OF STOCK VIZ., LOCKS ETC., REPORTING CASES TO POLICE

The matter has been examined in the Directorate and it has been decided to leave the matter to the discretion of P.M.G to decide which case is to be reported to Police or not in case of thefts relating to petty articles.

(D.G Posts No. 18-75/85-INV Dt. 23.12.85).

25. REVIEW OF FRAUD AND LOSS CASES

In connection with the emphasis laid by the Government on periodical reviews of pending loss and fraud cases in the Department, the Director General has since ordered that cases pending for more than 2 years would be scrutinised thoroughly by an Officer once every six months in some details to satisfy that they are not being avoidably delayed. It is, therefore, requested that all cases of the nature should be examined by an officer not below the rank of Circle Complaints Officer at the Circle level in the month of May & November each year with special attention for quickening disposal of the cases. A certificate that this scrutiny has been carried out should be forwarded to the Directorate by the last date of May and November citing the reference number.

(ii) In respect of cases reported to the Directorate, the outstanding items remaining to be settled in a case should be communicated early in June & December every year in special individual reports on the cases along with reasons for their hold-up if any, at any stage to enable a further scrutiny being made in the Directorate.

(D.G Posts No. 10/5/58-FRD dt. 14-11-1958).