Ref: Memo. No.4845/9-2,GA. (Ser.C) Dept., dt. 13-2-1960.
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The Committee on Public Accounts (1976-77) in its Seventh Report on
Appropriation Accounts 1973-74 recommended as follows: -
4. (iii) In all cases of
misappropriation, when detected where a prima facie case is made out,
simultaneous action should be taken by the Department according to
Classification, Control and Appeal Rules and relevant records should be handed
over to the Police for launching criminal proceedings. The Department may also
initiate action to prevent the delinquent officer from alienating his
properties. The Committee had heard from some of the Officers that misappropriation
cases could not be immediately handed over to the Police since the connected records
were required for conducting departmental enquiry. In such cases, the Committee
recommends that the departmental officers should obtain Photostat copies of the
documents and hand over the originals to the Police so that simultaneous action
at the level of Police in regard to criminal proceedings and at the level of
enquiry in the department for disciplinary action can be processed without loss
of time. This is necessary since delays result in manipulations, loss of
evidence and ultimately in acquittal of cases".
2. In the Memo. cited
it was clarified that there is no legal objection to departmental enquiry being
conducted, while the Police are making an investigation, but when once a court
has taken cognizance of a criminal case, the departmental authority should stop
all further proceedings.
3. The question
whether the departmental proceedings can be finalised and orders issued even
though the case is pending in a court of law was examined. Having regard to the
decision of the Himachal Pradesh High Court in Khushiram Vs. Union of India
(1973) (2) SLR. PP.564- 565), it was considered that it is not obligatory that
the departmental proceedings should be stayed when the case is pending in a
court of Law, except when it is expedient to do so in the interest of fair
play. It is necessary that criminal proceedings and departmental action should
be processed without loss of time with a view to avoiding, manipulation and
loss of evidence.
4.
The
Government, therefore, direct that the departmental officers should obtain
photostat copies of the documents and hand over the originals to the Police, so
that simultaneous action in regard to criminal proceedings and disciplinary
action may be taken.
5. All the Departments of the Secretariat and the Heads of
Departments are, therefore, requested to ensure that quick action is taken in
cases of misappropriation of Government moneys by Government employees.
