Memo.No:263, Dt:04-01-1995 | CCA Rules - Discontinuance of Parallel Enquiries

GOVERNMENT OF ANDHRA PRADESH

GENERAL ADMINISTRATION (SC.D) DEPARTMENT

 

Memo. No.263/SC.D/94-2                                                                                            Dated:04-01-1995

 

Sub: Public Services - Allegations of corruption against officers - Enquiry by Anti - Corruption Bureau - Discontinuance of Parallel Enquiries - Instructions issued - Reiterated.

 

Ref:    1. Government Memo. No. 2848/SC.D/66-2, Genl. Admn. (SC.D) Dept., dated 26-10-1966

2. From the Vigilance Commissioner, Andhra Pradesh, Hyderabad, letter No. 30/VC/Cl /93-10, dated 28-1-1994.

3. From the Vigilance Commissioner, Andhra Pradesh, Hyderabad, letter No.104/VC-G2/94-l 5, dated 29-11-1994.

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            Instructions were issued in the Memo 1^st cited to all Departments of Secretariat to the effect that in cases where the Vigilance Commission gives a direction to the Anti - Corruption Bureau to conduct preliminary or regular enquiry, the Departments should not proceed with parallel enquiries, and they should handover all the connected records to Anti - Corruption Bureau and also co-operate with the officers of the Bureau during the course of the enquiries.

 

2. The Vigilance Commission, Andhra Pradesh has brought to the notice of the Government that despite these instructions certain Departments are initiating parallel Departmental enquiries and quoted some specific instances where in the Anti-Corruption Bureau has also requested the Head of the Department concerned to stop parallel departmental enquiry. The Vigilance Commissioner has informed that in these cases, the action of the Department is contrary to the instructions issued in the Memo 1st cited and the procedural instructions of the Vigilance Commission and therefore held them irregular. He has, therefore, requested that suitable instructions in the matter reiterating the earlier instructions may be issued.

 

3. In this context, the issue as to the stage at which the Depai1mental enquiries already in progress could he stopped in cases where the Anti-Corruption Bureau has taken up the enquiry or intends to take up the enquiry on its own or on the instruction of Andhra Pradesh Vigilance Commission, has been examined in consultation with the Vigilance Commission or Andhra Pradesh.

 

4. The instructions issued in the Memo 1^st cited are once again reiterated and the departments of Secretariat and Heads of Departments are requested to follow the aforesaid instructions scrupulously. They are also informed that if the investigation enquiry is exclusively with reference to the records available, the Department may take it up and frame Charges. But in the matter of investigation especially where corruption is involved, the Anti-Corruption Bureau should undertake the enquiry. However, in cases where the department has conducted the investigation / enquiry and reached the stage of oral enquiry after framing Charges under relevant disciplinary rules and the departmental enquiry is in progress, the Anti-Corruption Bureau need not take up the case afresh for investigation.

 

B.V. RAMA RAO

Chief Secretary to Government

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