Memo.No.2848, Dt:28-10-1966 | No parallel enquiry | In case of preliminary/regular enquiry by ACB.

An instance has come to the notice of the Government where a head of the department, when requested by the Director, Anti-Corruption Bureau, with reference to the direction issued to him by the Vigilance Commissioner to conduct a preliminary enquiry into a petition containing allegations of corruption and malpractices against an officer not to conduct any enquiries against that particular officer departmentally and also to handover the record of enquiry, if any enquiry was conducted earlier, objected to the initiation of enquiry by the Anti-Corruption Bureau.

 

2. In that connection, the head of the department is said to have invited the attention of the Director, Anti-Corruption Bureau, to the instructions contained in GO.Ms.No. 677, Genl.Admn.(Ser.D) Dept., dated 30-5-1961, which Jays down that before a petition is referred to the Anti-Corruption Bureau for enquiry it is desirable that the head of the department should be consulted in the first instance unless it is felt that the reference to the head of the department may lead to the loss of secrecy or the allegations are numerous and specific or are of a very serious nature and may be true and also that in respect of non-gazetted officers the petitions received by the Anti-Corruption Bureau may be forwarded to the heads of departments direct along with the preliminary report for necessary action. He has also requested the Director, Anti-Corruption Bureau, to stop further proceedings, in case preliminary enquiry has not been initiated, to enable him to make a departmental enquiry for the reason that he is of the opinion that a departmental enquiry is sufficient and to send the report to him if preliminary enquiry was conducted.

 

3. On an examination of the points raised by the head of the department, it has been noticed that the head of the department has relied mostly on the instructions issued in GO.Ms.No. 677, GA. (Ser.D) Dept., dt. 30-5-1961 although the instructions stood modified to certain extent by the instructions issued in GO.Ms.No. 1071, GA.(SC.C) Dept., dt. 25-9-64. Instructions have also been issued in Memo.No.620/65-2 GA. (Ser.D) Dept., dt. 22-11-1965 that the instructions issued in GO.Ms.No.677, GA. (Ser.D) Dept., dt. 30-5-1961 should be deemed to have been modified by the instructions issued in GO.Ms.No.1071, GA. (SC.C) Dept., dt. 25-9-1964 to the extent the instructions issued in the former Government order and subsequent clarifications issued from time to time which are at variance with the scheme of the Vigilance Commission as enunciated in the later Government order. The attention of all heads of departments and all departments of Secretariat is invited to the scheme of the Vigilance Commission as enunciated in GO.Ms.No.1071, GA. (SC.C) Dept., dt. 25-9-1964 as subsequently modified in GO.Ms.No.1016, GA.(SC.A) Dept., dt. 8-6-1965 and Ms.No.290, GA. (SC.A) Dept., dt. 8-3-1966 as also to the Procedural Instructions issued by the Vigilance Commissioner, with the approval of the Government and communicated by him in his letter No. 39NC/64-28 dt. 23-8-1966, and they are requested to see that in cases where the Vigilance Commission gives a direction to the Anti-Corruption Bureau to conduct preliminary or regular enquiries they should not proceed with parallel enquiries and they should hand over all the connected records and also cooperate with or assist the officers of the Bureau during the course of the enquiries.


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