GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SER.C) DEPARTMENT
Memo.No.2487/SC.
E/98-1
Dated: 19-11-1998
Sub: Public Servants - Anti Corruption Bureau - Trap Cases
- Transfer of Trapped Officers - Instructions - Issued.
Ref: 1. Govt.
Mcmo.No.204/Ser.C/76-3, Genl. Admn. (Ser.C) Dept., dated 31-5-1976
2. Govt. Memo.No. 1095/Ser.C/84-4, Genl. Admn. (Ser.C)
Dept., dated 27-4-1985
3. Govt. Memo.No.220/Ser.C/89-11, Genl. Admn. (Ser.C) Dept.,
dated 8-3-1989.
4. Govt. Memo.No.853/Ser.C/90-2, Genl. Admn. (Ser.C)
Dept., dated 23-9-1991.
5. From the Director
General, Anti-Corruption Bureau, A.P., Hyderabad, letter C.No.96/RPC(C)/93,
dated 16-11- I 993.
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In
the reference first cited, instructions were issued among others that in 'Trap
Cases' if there is likely to be any interregnum between the trap and the actual
relief of the trapped officer after being placed under suspension, the
competent authorities should consider whether the officers could be transferred
immediately so that the material evidence is not destroyed and that
arrangements should be made to relieve trapped officers forthwith. In the
reference second cited and from time to time, the said instructions were
reiterated, among others.
2. The Director General, Anti-Corruption
Bureau in the reference fifth cited has brought to the notice of the Government
that some Departments are not following the said instructions of the Government
and arc waiting till the Government orders arc received by them, without
shifting the trapped officers from the places of their work. He has stated that
as it would take about two to four weeks’ time for the Government to take a
decision on the preliminary report of the Bureau, the trapped officers tend to
remain at the same posts and as a consequence, thereof. there is every
Likelihood of their destroying or tampering with the records/evidence. The
Director General, Anti-Corruption Bureau has further stated that in some cases,
the witnesses are not coming forward to give evidence especially when the trapped
officer is their immediate superior and as he/they continue to work at the same
place.
3. The Director General, Anti-Corruption
Bureau, has therefore, requested to reiterate the Government instructions in
the matter and also to issue further instructions to the effect that trapped
officers should be transferred out of their worthy the competent authorities,
immediately, on receipt of Radio Message etc, by them from the Bureau so as to
ensure that there is no tampering with evidence / destruction or records by the
trapped officers.
4. As such, the matter has been
reconsidered by the Government in the light or facts brought out by the Bureau
in the reference fifth cited and the request made therein. The Government,
while reiterating the instructions issued in the references first and second
cited, also direct that the trapped officers should be transferred out from the
place of their work by the Head of the Department concerned / Appointing
Authority / Competent Authority, immediately, on receipt or intimation about
the trap by them by way of Radio Message etc. from the Anti-Corruption Bureau.
5. However, a decision to place the
trapped officers under suspension can be taken as per the instructions issued
by the Government on the subject from time to time.
6. The receipt of this memorandum may be
acknowledged.
M. V.S.
PRASAD
Secretary
to Government (POLL)
