GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SPL.B) DEPT.
U.O.NOTE
NO.1818/SPL.B/2000-2 Dated:
21.11.2001
Sub: Suspension -
Guidelines for placing Accused Officers under suspension in Trap Cases -
Classification of trap cases - Instructions - Issued.
Ref: 1. U.O.Note
No.240/SC.D/933, GA(SC.D) Department, dt.05.10.1993.
2. U.O.Note No.1595/SC.D/93-6, GA(SC.D)
Department, dt.16.11.1994.
3. Memo.No.554/Ser.C/93-6, GA (Ser.C)
Department, dt.26.12.1994.
Instructions
were issued in the references first and second cited for suspension of
government servants involved in traps laid by the Anti-Corruption Bureau (ACB)
as follows:
TRAP
CASES
i) Where the accused officer is caught red-handed in the act
of accepting bribe and where the phenolphthalein test has yielded positive
result (and) such cases can be classified as successful traps and the charged
officer has to be placed under suspension based on the preliminary report
received from the Anti-Corruption Bureau:
ii) In other cases, where the accused officer is not caught
red handed and where the phenolphthalein test has not yielded positive result
and the case depends mostly on circumstantial evidence leaving room for benefit
of doubt, decision for suspension or otherwise of the accused officer may be
taken taking into account the advice tendered by the Vigilance Commissioner.
iii) The departments of Secretariat are further instructed to
suspend the Accused Officer even without waiting for recommendations of the
Vigilance Commissioner in cases where the Accused officer is caught red handed
and the phenolphthalein test yielded positive result.
Government
have reviewed these instructions in the light of advice of the Andhra Pradesh
Vigilance Commission (APVC) and issue the following instructions in
supersession of the references cited.
It
is well known that trap is the most effective and successful way of catching
corrupt officers in the act of receiving bribe where the rate of conviction
also is high. Corrupt officers habituated to receiving bribes have become
cautious and alert and have devised methods of avoiding trap while continuing
to receive bribes. Such methods include engaging private persons to receive
bribe on one's behalf, engaging personal servants to do so while at home
requiring subordinates to accept the bribe, requiring complainant to place the
bribe amount in or around the scene of offence unobtrusively without the officer
having to accept the bribe directly thereby avoiding physical contact with the
notes and the phenolphthalein powder.
It
would not be in the public interest not to suspend or to delay the suspension
of such corrupt officers who receive bribes indirectly in the manner indicated
above. It should be open to the disciplinary authority to suspend such an
officer pending investigation without waiting for the advice of the Vigilance
commission in the matter. Government,
therefore, direct that immediately upon receipt of preliminary report against
an officer who is caught directly or indirectly in the act of accepting bride.,
irrespective of whether the phenolphthalein test yielded positive results or
not the accused officer may be immediately placed under suspension pending
investigation based on the preliminary report received from the ACB.
P.V.RAO
Chief
Secretary to Govt.
