Memo.No:1300, Dt:06-09-1973 | ACB - securing of records / documents | Confidential documents - Government orders

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Instructions were issued in G.O.Ms.No. 677 General Administration (SC.D) Department dated 30-5-1961 and in the procedural instructions issued by the Vigilance Commissioner with the concurrence of the Govt., that the Heads of Departments or offices concerned shall, when called for, normally, furnish the relevant official records for reference to the requisitioning officer, viz., the Vigilance Commissioner (or a gazetted officer in the Commission authorised by the Vigilance Commissioner), the C.V.O., Vigilance Officers, the Director, Anti-Corruption Bureau or a gazetted officer of the Anti-Corruption Bureau in respect of cases against gazetted officers duly authorised in this behalf. It was provided however, that in case of extremely confidential or privileged documents, orders of the Government shall be taken before the records are handed over to the requisitioning authority.

Instructions were also issued that the Heads of offices shall render such assistance to the Vigilance Commission, or the officers of the Anti-Corruption Bureau as may be required by the investigation officers, in connection with the enquiries.

2. Thus, the existing rules require (a) the production of records by the Heads of Departments/Heads of Offices on a requisition by the Director, Anti-Corruption Bureau or a gazetted officer of the Anti-Corruption Bureau in respect of cases against gazetted officers, and (b) a reference to records and original documents by the Anti-Corruption Bureau in expected to be undertaken at the Regular Enquiry stage and not at the stage of a preliminary enquiry which is to be conducted discreetly.

3. In view of these existing instructions it is clarified that when production of records from a Head of Department / Office is sought the Anti-Corruption Bureau should –

 

(a) state that the records are required in connection with a Regular Enquiry; and

 

(b) make the requisition on the authority of a gazetted officer of the Bureau in regard to enquiries concerning gazetted officers.

The records of Government may be furnished for reference if requisitioned by the Vigilance Commission or the Director, Anti-Corruption Bureau after obtaining orders of the Secretary to Government concerned with reference to existing instructions.

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