[Memo
No. 1095/Ser. C/84-4, Genl. Admn. (Ser-C) Dept. Dt. 27-4-1985]
Ref: 1. Govt. Memo. No. 204/Ser.C/76-3,
dated. 31-5-1976.
2. Memo. 355/Ser.C/69-1,
G.A.D. dated 11-6-1970
3. Memo No.
1524/Ser. C/80-4, dated 20-5-1982.
2. The matter regarding suspension of
Government servants involved in cases of traps and possession of
disproportionate assets taken up for investigation by the Anti -Corruption
Bureau has been reviewed and the following instructions are issued:
(1) In trap cases,
the officers trapped should be placed under suspension immediately and if there
is likely to be any interregnum between the trap and the actual relief of the
trapped officer consequent upon suspension, the trapped officer should be
immediately shifted out of his charge so that he will not have any opportunity
to tamper or destroy material evidence. In this connection attention is drawn
to the instruction issued in GA. (Ser.C) Department, Memo No. 204/Ser.C I 76-3,
dated 31-5-1976.
(2) As regards the
cases of possession of disproportionate assets, the following will be the circumstances
in which the Government servant involved in the case should be placed under
suspension.
(a) When the
disproportionate assets detected are prima facie sufficiently large taking into
consideration the income from all sources and the likely expenditure of the Government
servant concerned. The Director, Anti - Corruption Bureau; should mention in
his report, the rough estimate of income, expenditure and assets and how the
disproportion was arrived at, while recommending suspension in such cases.
(b) If a
Government servant is not placed under suspension immediately after the registration
of a case of possession of disproportionate assets and searches conducted in
pursuance thereof, he may subsequently be placed under suspension, if -
(i) during the
course of investigation of the case, the Government servant is found to be not
co-operating with the investigating authorities in the conduct of investigation
such as not furnishing the property statements and other required information;
or
(ii) the
Government servant is found, interfering with the investigation of the case of
tampering with witnesses or documents; or
(iii) a charge sheet is tiled against him in the said case after the completion of investigation.
3. In the circumstances mentioned under (b) above, the Government servant concerned will be placed under suspension on a report sent by the Director, Anti- Corruption Bureau, suggesting his suspension.
4. Once a Government servant placed under suspension in an A.C.B. enquiry, the suspension order should not be revoked without consulting the Director, Anti-Corruption Bureau. In this connection attention is drawn to the instructions already issued in Memo. Nos. 365/Ser.C/69-1, General Administration Department, dated 11-6-1970 and 1524/Ser.C/80-4, General Administration Department, dated 20-5-1982.
5. All the Departments of Secretariat,
Heads of Departments and District Collectors are requested to follow the above
instructions scrupulously and also communicated the above instructions to the
concerned disciplinary authorities for their guidance while dealing with the above
type of cases.
