UO.Note.No:1484, Dt:01-07-1977 | Complaints - referring to ACB for PE/RE

        The Departments of Secretariat are informed that the enquiries conducted by the Anti-Corruption Bureau are of 2 kinds viz.; (1) preliminary enquiries, and (2) Regular Enquiries. In a Preliminary enquiry which is a discreet and confidential enquiry an attempt is made to enquire into allegations (contained in the complaint) or a substantial part thereof with the help of available records or by discreetly contacting persons, if any, referred to in the complaint. Such an enquiry is normally ordered in order to find out whether a prima facie case exists and in order to decide whether or not a detailed probe into a complaint is necessary. On the other hand, a regular enquiry is an open enquiry (detailed probe) and during such an enquiry usually relevant records are obtained, statements or witnesses recorded, and, if considered necessary, accused officer is given an opportunity to explain his case. A regular enquiry is usually preceded by a preliminary enquiry though such a course is not essential, and a regular enquiry can also be ordered straight away without a preliminary enquiry preceding it if it is so considered necessary.

2.     The Departments of Secretariat are therefore informed that when it is decided to forward any petition/complaint to the Director, Anti-Corruption Bureau, specific orders may be given to the Director, Anti-Corruption Bureau whether the Bureau should conduct a preliminary enquiry or a regular enquiry. They should ensure that any petition/complaint is not forwarded to the Director, Anti-Corruption Bureau with vague orders such as "for enquiry", "for such action as considered necessary" or "for necessary action", etc. They are also informed that if on any petition/complaints/there are orders/minutes of Minister or Chief Minister or Secretary to Government etc., only copies of such petition/complaint omitting orders/minutes should be sent to the Director, Anti-Corruption Bureau for preliminary enquiry or regular enquiry as the case may be.

3.    On receipt of orders, the Director, Anti-Corruption Bureau will conduct a preliminary enquiry/regular enquiry as the case may be and sends his report to the Government in the administrative department through the Vigilance Commission with an advance copy marked to the administrative Department. As laid down in the procedural Instructions of the Vigilance Commission, in the case of a regular enquiry, it will await the remarks of the administrative Department on the findings and recommendation of the Director, Anti-Corruption Bureau, in his report (presently for 3 weeks) and thereafter the Vigilance Commission will tender advice to the Government in the administrative Department as to further action to be taken. The Departments of Secretariat are therefore required to send their remarks (in either case whether they have remarks or no remarks) to the Vigilance Commission within the specified time on receipt of the advance copy of the regular enquiry report from the Director, Anti-Corruption Bureau. 

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