In the Memo. 1st cited among others, instructions were issued to the Director, Anti-Corruption Bureau that since the final reports in all the enquiries are received by the Government through the Vigilance Commission with its advice as to further action and since the Government acts on such advice, the Director, Anti-Corruption Bureau, should furnish to the Government in administrative department of Secretariat through the Vigilance Commission (with a copy to this Department) within three weeks after a case is acquitted in the Court together with the opinion of the Legal Advisor, a report as to whether there are grounds for appeal against acquittal. He was also requested to furnish a draft of the grounds also in cases where the case is fit for appeal.
2. In his letter 2nd cited the Vigilance Commissioner has stated-that it is not necessary for the Vigilance Commission to advise on the judgements of the criminal courts and it is for the Government to take a decision as to further action to be taken in consultation with the Law Department and other Law Officers. He has also stated that it is enough for the Vigilance Commissioner to know what action the Government have taken when prosecution has been advised by the Commission, and if a copy of the final orders of the court and the judgement is sent to the Vigilance Commission for its record. Therefore, the Vigilance Commission has suggested that necessary instructions may be issued to the Director, Anti-Corruption Bureau to send all such judgements direct to the administrative department concerned for taking necessary further action with a copy of the reference along with the judgement to the Vigilance Commission.
3. The Government have considered the matter
carefully and decided that it is enough if the copy of the judgement in such
cases with the views of the Director, Anti-Corruption Bureau is sent to the
Secretary to Government in the administrative department with a copy of the
letter and the judgement copy to the Vigilance Commission and to this
department. The Director, Anti-Corruption Bureau is therefore requested to take
action accordingly in all such cases. The instructions issued in Government
Memo. 1st cited should be deemed to have been modified to the extent
indicated above.
