GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SPL.C) DEPARTMENT
Memo
No.623/Spl.C/ Al/2008-1 Dated:15-10-2008
Sub: Public Servants -
Anti Corruption Bureau / Vigilance Cases - Investigation - Submission of
Reports - action on the reports - certain instructions -Issued.
Ref: G.O.Ms.No.415
G.A. (Cabinet) Dept., dt.5.9.2005
In
the G.O. cited, Government have constituted a committee of Group of Ministers
to examine the issues raised by the confederation of revenue Earning
Departmental Associations, A.P., Hyderabad relating to Anti-Corruption Bureau
cases and other disciplinary matters with the following Ministers:
1. Minister
(Finance) - Chairman
2. Minister (CT
& Excise) - Member
3. Minister
(Agriculture) - Member
2. After detailed
deliberations with the representatives of the Associations, and the concerned
Heads of Departments / Departments on the issues raised by the representatives
of the Confederation, the Group of Ministers have submitted a report containing
recommendations on the issues for consideration of the Government. The
Government, after careful examination, have accepted the recommendations of the
Group of Ministers. The following instructions are issued in respect of certain
recommendations relating to ACB / Vigilance cases:
i) Investigation in
respect of the registered cases shall be completed with six (6) months;
ii) After receipt of
the Final report of the Investigating Agency, the Department concerned shall
examine further within one month and take a decision as to entrust the case;
1. either for
prosecution; or
2. for
departmental action; or
3. for placing the
accused officer on his defence before the Tribunal for Disciplinary Proceedings.
or
4. for closure of
the case and seek the advice of A.P. Vigilance Commission
iii) While
assessing the value of the properties in all cases, the Investigating Agency
shall follow a scientific and systematic approach. Assessment of the value of
movable and immovable properties may be done taking the following into
consideration.
1. the value of
the properties on the date of the acquisition.
2. the details
filed with taxation authorities and in the property, returns shall be given due
weightage while calculating the disproportionate assets.
3. The properties
of kith and kin of the Accused Officer should not automatically be added to the
properties. Proper analysis of the sources of such assets of kith and kin and
friends should be undertaken before arriving at a decision to include the same
in the properties of the Accused Officer
iv) The instructions issued in Memo No.
944/Spl.B/99-5, GAD, dt.1-4-2002 permitting the Vigilance Commissioner to deal
directly with the Heads of Departments/ District Collectors / Heads of District
Officers known as the appointing / appellate authorities in handling of
Vigilance and disciplinary cases, which were kept in abeyance in Memo No.216/Spl.B/2002-1,
GAD, dt. 6-5-2002 shall be continued.
v)
Investigating
agencies shall act in a fair, unbiased and objective manner in the course of
searches, raids, surprise checks, assessment of properties and arrests etc.
vi)
The
investigating agencies shall have a balanced and judicious approach when a trap
is attempted/ disproportionate assets booked or a surprise check made.
vii) A
periodical review at the level of Chief Secretary to Government shall be undertaken
on the work of investigating agencies with particular reference to time taken
at various stages to ensure that timely justice is rendered in all cases.
P.
Ramakanth Reddy
Chief
Secretary to Government
OPEN - CCA Rules - References (open)
