Confidential For Official use only

GOVERNMENT OF ORISSA

THE

VIGILANCE POLICE

INSTRUCTIONAL HANDBOOK

PART – V

2009

CONTENTS

Sl. No.

Subject Page

I. Appendices.

1 - 70

II. Important Instructions / orders.

71 - 105

III. Vigilance Circular orders.

106 - 241

APPENDICES

Appendix Number

Brief description Page

1 i. Minutes of discussion held on 17.12.68 in the Office room of Secretary to Government, Finance Department in connection with Association of Vigilance in Commercial Tax matters.

ii. Finance Department letter No.CTB-97/68-31857(2)/F. dt.5.9.1969 regarding scope of Vigilance Department in detecting Tax evasion cases.

iii. Letter No.15293/CT dt.20.7.1970 of the Commissioner of Commercial Taxes, Orissa regarding procedure to be followed in detection of tax evasion cases by Vigilance Department.

iv. Circular No.IV(II)/8/96-21309CT dated 6.10.99 regarding procedure of initiating prosecution u/s 25 & compounding of offences u/s 26 O.S.T.Act.

01

2 i. Home Department Notification No.24105/HC dt.7.10.63 – Jurisdiction of Officers of and above rank of Dy.S.P., Vigilance.

ii. Home Department Order No.Vig-Law-1/65/3-70-26181/HC dt.29.7.1970, regarding jurisdiction of Police Officers attached to Vigilance Department

iii. Home Department Order No.46337/HC dt.13.10.1977. iv. Political & Services (Vigilance) Department Notification

No.8077/VL dt.8.8.1978 – A.I.G. / Addl. S.P. v. Home Department Memo No.20041/HS dt.17.4.1993 –

Inspectors to investigate cases of P.C. Act, 1988.

21

3

3 (a)

General Administration (Vigilance) Department Resolution No.8601/VE dt.29.12.2004 regulating the Method of Selection and Conditions of Service of persons posted to Orissa Vigilance (Group A and Group B) Services on deputation. Grant of Special Incentive to the employees of G.A.(Vig.) Department including Sales Tax and Forest Wing.

25

Appendix Number

Brief description Page

4 Letter No.10350 dt.27.10.2001 from the Chief Secretary to Government. Letter No.C-9/321-Admn-1/53 Col. IV dt.15.7.1955 from the Comptroller and Auditor General of India, New Delhi – regarding making available documents etc. required for the purpose of enquiry / investigation by Vigilance Department and extending cooperation to the Vigilance Department in general.

36

5 General Administration (Vigilance) Department Office Memorandum No.AIS/II-2812-19941/Gen. dt.5.6.2000 – regarding conferring of Secretarial status on the officers of IPS/IFS posted outside the Secretariat.

41

6 List of Important subjects on which Vigilance officers shall collect intelligence.

43

7 Home Department Notification No.31045/D&A-49104 regarding jurisdiction of Vigilance Police Stations for the purposes of the offences specified.

45

8 Extracts from Orissa High Court Judgement in Jamesh Bushi Vrs. Collector, Ganjam and another (AIR 1959 Orissa 152).

47

9 Sample Sanction Order, Form Nos. ! & 2. 48

10 Format of CBI Proforma I to VI. 50

11 (i) Judgement of the Supreme Court in a) Crl. Appeal No.770 of 2001, K.C. Sareen Vrs. CBI,

Chandigarh. b) Crl. Appeal No.1506-1507/2003 – State of

Maharastra Vrs. Gajanana. (ii) Extract of Article 311 of the Constitution of India.

56

12 General Administration (Vigilance) Department Resolution No.2969/VE dt.22.4.1998 regarding cash awards to Best Investigating Officers of Vigilance organization/Best Unit/Best Special P.P./P.P/Desk Officer.

65

1

APPENDIX – 1 MINUTES OF DISCUSSION HELD ON 17.12.68 IN THE OFFICE ROOM OF

SECRETARY TO GOVERNMENT, FINAN CE DEPARTMENT IN CONNECTION WITH ASSOCIATION OF VIGILANCE IN COMMERCIAL

TAX MATTERS. …

Present :- 1. Secretary to Government, Finance Department, 2. Commissioner of Commercial Taxes, Orissa 3. Director of Vigilance, Orissa.

1. Several matters in respect of association of Vigilance in prevention of

tax evasion of Commercial Tax Department were discussed.

2. At the outset, the question of continued association of Vigilance for

prevention of tax evasion was considered. It was understood that tax evasion

has not been entrusted to Vigilance in any other State. However, tax evasion

has been entrusted to the CBI which has a separate wing for this purpose.

After discussion, it was agreed that it may not be necessary for the Vigilance

to take up routine cases, particularly cases of small dealers as it leads to

avoidable harassment. In the interest of revenue, however, it will be desirable

for Vigilance to continue to be entrusted with intricate types of tax evasion

cases and tax evasion by larger dealers with higher turn over. It was agreed

that Commissioner Commercial Taxes will examine the matter further and

make concrete suggestions regarding the scope of Vigilance in respect of tax

evasion cases. On receipt of this suggestion, the matter will be considered

further.

3. The question of assessment arising out of detection by Vigilance was

taken up for consideration. For various administrative and public

considerations, it was not considered desirable that assessment should be

done by officers working in close liaison with the Vigilance. The assessment

should normally be done by the territorial circle officer. It was, therefore,

decided that normally the results of detection should be reported to the

Territorial Circle Officers for further necessary action by way of assessment,

penalty etc. However, in respect of graft cases, the Vigilance will have the

option to report directly either to the Range Additional Commissioner

2

Commercial Taxes (ACCT) or the Commissioner Commercial Taxes(CCT).

Where the Vigilance suspects the bonafides of the assessing officer, it may be

open to the Vigilance to suggest to the ACCT or the CCT as the case may be,

to transfer the case to another circle or another Range as the case may be.

With these revised arrangements, the present difficulties of accumulation of

arrears of assessments will be sorted out and the public convenience will be

ensured.

4. Even if the assessment work is not entrusted to the Commercial Tax

Staff working with the Vigilance, there will still be need for Commercial tax

staff for assistance in the detection work. There should be one Commercial

Tax Officer at the head quarters attached to the Director of Vigilance and 3

Additional Commercial Tax Officers (ACTOs) and 6 Inspectors attached to the

three Ranges. This staff must necessarily have statutory powers. The present

administrative arrangements may continue under which, they remain

statutorily under the control of the Commissioner Commercial Taxes but in

practice, work under the direct supervision of the S.P. Vigilance and Director

of Vigilance. However, to ensure proper coordination, the CCT and the ACCT,

Intelligence may, during their tours, inspect the work of the Commercial Tax

Staff.

5. In order that proper staff is selected and deputed for Vigilance works,

the CCT may consult the Director of Vigilance before posting and deputing

officers for Vigilance.

6. The result of assessments arising out of detection by Vigilance should

be reported to the Director of Vigilance. A proper proforma may be prescribed

for this purpose. If any difficulty arises in recovery of assessed dues of such

cases, these may also be intimated to the Vigilance and their assistance

taken.

7. There may be coordination meetings between the Commissioner

Commercial Taxes and the Director, Vigilance to be held once every quarter

and the meetings may be held by turn at different Range Headquarters.

3

8. As regards journeys outside the state to be performed by the

Commercial Tax staff attached to the Vigilance, orders of Director, Vigilance

should be adequate. The Accountant General may be informed accordingly.

However if for the purpose of Audit, it is necessary for formal ex-post-facto

sanction to be accorded by the CCT.

9. To avoid delay in drawal of pay and TA by Commercial Tax staff

attached to the Director of Vigilance, adequate allotments may be made by

the CCT and the same made available to the Director of Vigilance.

Sd/- K.B.Bawa Secretary to Government

Government of Orissa Finance Department

…

Memo No. CTB-97/68-42731(2)/F., dated 24.12.68. Copy forwarded to the Commissioner of Commercial Taxes,

Orissa/Director of Vigilance cum-Additional Secretary to Government, Political

and Services (Vigilance) Department ,Cuttack for information and necessary

action .

Sd/-

Under Secretary to Government

4

Government of Orissa Finance Department

… No. CTB-97/68-31857(2)/F.

From:- Shri K.S. Bawa, IAS, Secretary to Government To

The Commissioner of Commercial Taxes, Orissa, Cuttack/ Director of Vigilance, Cuttack. Sub:- Scope of the Vigilance Department in detecting cases of tax

evasion. Bhubneswar, the 5th September, 1969.

…

Sir,

Government have since decided that the assessment work should

normally be under taken by the territorial circle officers only, and that

assessments arising out of the detections of the Vigilance Department are to

be entrusted to such circle offices. This decision has been communicated in

this Department letter No. 8099 (2) dt. 15.3.1969. With this revision of

arrangement some further re-adjustments of work of the Vigilance Department

relating to cases of tax evasion was also felt to be necessary. The issue was

discussed with the Commissioner of Commercial Taxes and the Joint

Secretary, Vigilance Department on the 3rd July 1969. After a thorough

examination of the matter, Government have been pleased to decide that the

Vigilance Department should henceforward take up the following types of

cases relating to Commercial Taxes Department. :-

a) Detection of tax evasion by dealers having normally a high gross

turn over.

b) Should investigate into the evasion of Sales Tax through utilization

of bogus and fictitious “C” Declaration forms.

c) Should take up detections of tax evasion through fictitious branch

transfers and sales through alleged Commission Agents.

d) Should enquire into the cases of payments and disbursement made

by the different Government Departments to various parties without

obtaining clearance certificates from the Commercial Tax

Department.

5

e) Should detect secret and undeclared go-downs maintained by

unscrupulous dealers with a view to evade tax either in their own

names or benami.

f) Should detect fragmentation of business by one dealer in different

names to minimize gross turnovers and thereby evade payment of

tax.

g) Should detect habitual tax evaders including alleged casual dealers

with no fixed place of business.

h) Should collect intelligence leading to detection of habitual

suppression of sales and purchases mainly in the accounts of

dealers of higher turnover groups. They may adopt the method of

test purchases or any other intelligent technique for this purpose.

This revised arrangement will come into force with immediate effect.

Political & Services (Vigilance ) Department have concurred in their

Un Official Receipt (UOR) No. 179 IB dated 9.8.69.

Yours faithfully,

Sd/-

Secretary to Government

Memo No. 5251/IB( Tax) dated 17.9.69

Copy forwarded to the S.P.,Vigilance, Cuttack ,Sambalpur and

Berhampur for information and necessary guidance.

Sd/-

AIG of Police, Vigilance, Cuttack.

6

OFFICE OF THE COMMISSIONER OF COMMERCIAL TAXES, ORISSA ...

No.V.(INT)2/70/15293/CT Dated , Cuttack , the 20 July, 70. To All the Circle Officers & Officers of the Special Wings For detection. Sub:- Procedure to be followed in the detections of the cases of

tax evasion by the Vigilance Department and transmitted to the circles and the cases detected by the Departmental officers in association with the Vigilance officers or at their instance.

… S i r,

Consequent on the divestment of assessment work from the

Vigilance Units and the Intelligence Wing, the cases of tax-evasion detected

by them are now transmitted to the respective circles for assessments. These

detections are usually made by them with the Sales Tax staff attached to

these units. But sometimes they take the help of local sales tax officers either

in the absence of the officers attached to them or in the outlying areas where

the sales tax staff posted in the Vigilance Wing are not readily available.

Sometimes cases are also detected by Regional Inspecting staff on the

information furnished by Vigilance. Now that all these detections are ultimately

to be taken up for assessment by the territorial circles, it is necessary to keep

a watch over such cases and the results of their disposals in the assessment

and the appellate stage. The following instructions are, therefore, issued to all

concerned in continuation of this office circular letter No. 2834 dt. 18.2.70.

2. In the cases detected in association with the Vigilance staff or

at their instance, the concerned departmental officers have to furnish, within

48 hours from the time of detection, a first report to the respective S.Ps of

Vigilance in the proforma enclosed herewith. (Copies of those reports have to

be submitted to concerned offices for their information).

3. This proforma may as well be utilized mutatis mutandis for furnishing the first report on detection made the Inspecting Staff of the regional circles and the Intelligence Wing, where it is not possible for them to submit complete reports within the specified time as per the instructions

7

contained in paragraph 41 of page 96 of the Orissa Commercial Tax Manual Vol. III Part “A”. 4. In all the cases detected in association with the Vigilance officers or at their instance, the responsibility for fuller investigation of the cases and for sending the completed and established case reports to the respective or in due course should be left to the Vigilance The connected papers and documents etc. arising out of these detections therefore, to be passed on to the Vigilance Organisation with first report. 5. In cases where the books of accounts are seized by the departmental officers in course of their detections with the Vigilance staff, the seizure lists have to be prepared in accordance with the usual rules and in triplicate, a copy of which has to be made available to the Vigilance staff. Naturally, therefore, all those copies besides being signed by independent witnesses and departmental officers seizing the books of accounts have also to be signed by the Vigilance officers present at the spot. One copy of the seizure list has to be handed over to the dealer, one copy has to be retained by the detection officer and the third one has to go to the Vigilance. 6. As soon as the new and fraud cases are transmitted to the regional circles for assessment, the procedure as laid down in this office circular letter No. 2834 dt. 18.2.70 has to be followed. Monthly progress reports on the receipts and disposals of such cases have to be sent to the Asst. Commissioner of Commercial Taxes, Intelligence Wing and the concerned Superintendents of Police, Vigilance in the manner and proforma as laid down in this office circular letter cited above. A copy of the said circular is enclosed herewith for your ready reference. This will also be applicable to the cases transmitted by the Intelligence Wing. 7. At present the Range Officers are reporting every month the disposal of 1st appeals arising out of assessments on detections made by the Intelligence Wing and the Vigilance Units. But this monthly reports show only the consolidated figures of appeals pending at the beginning of the month, filing during the month, the nature of disposals and the pendency left at the end of the month. It is necessary for a clear appraisal of the disposals and the results thereof, that the Range Officers should also furnish the details of disposals in two separate “ Annexures” with monthly reports one for the cases detected by the Intelligence Wing and the other for the detections made by Vigilance in the proformas enclosed herewith. These details would provide the

8

supporting particulars for the figures reported in columns 21 & 22 of existing monthly return.

8. Copies of all the reports, have to be sent to the Asst. Commissioner of Commercial Taxes, Intelligence Wing whereas the particulars relating to the Vigilance detections alone have to be sent to the concerned Superintendents of Police, Vigilance. The Vigilance Units should report monthly to the ACCT. Intelligence Wing the details of cases transmitted by them to the various circles in the following proforma. Name of the officer

Date of detection

Name & address of the

dealer(Registration number if any)

Period of suppression

Details of enclosures

Remarks

1 2 3 4 5 6

9. The ACCT Intelligence Wing should maintain two sets of

Registers- one for his wing and another for the Vigilance for recording the

details of cases transmitted every month to the regional circles and the results

of such cases. The postings have to be made from these monthly reports

furnished by the Intelligence Wing, Vigilance Units and circle and Range

Officers.

10. A quarterly review on the working of the Intelligence Wing

and the Vigilance Units, has to be made about the cases detected, the cases

transmitted by them and the results of their disposals as reported by the

circles. The review should also high light the pendency of the cases for

transmission to the circles and the pendency in the circles for disposal. The

purpose of such a review is to analyse as to how best and how quickly the

detections are processed in the Intelligence Wing and the Vigilance Units and

assessed in the regional circles.

11. Every circle officer has to scrutinize 5% of the assessments

made by each of the Assistant Commercial Tax Officer of his circle on the

detections of the Intelligence Wing and the Vigilance Units. The comments

have to be sent to the respective Range Officers and the Additional

Commissioner of Commercial Taxes, Intelligence Wing every month.

9

12. Every Range Officer has to scrutinize 5% of such

assessments made by each circle officer and to report his comments to the

head office every month.

13. The Additional Commissioner of Commercial Taxes,

Intelligence Wing should also make it a point to scrutinize some of these

assessments in course of his tours and record his comments.

14. The reports and comments received every month have to be

processed by the Additional Commissioner of Commercial Taxes, Intelligence

Wing and put up to the Commissioner of Commercial Taxes for his

information and perusal.

15. These instructions come into force with immediate effect.

Yours faithfully,

Sd/- ( B.K.Mishra )

Commissioner of Commercial Taxes, Orissa,

Memo No. 15294/CT Dated 20.7.70 Copy forwarded to all Range Officers and the ACCT, Intelligence Wing for information and necessary action. Sd/-

Asst. Commissioner of Commercial Taxes,(Intelligence) Orissa, Cuttack.

Memo No. 15295/CT Dated 20.7.70 Copy forwarded to all the Officers of the Investigation Units, assessment Units and Vigilance Units for information and necessary action. Sd/-

Asst. Commissioner of Commercial Taxes,(Intelligence) Orissa, Cuttack.

Memo No. 15296/CT Dated 20.7.70 Copy forwarded to all Ss.P of Vigilance /AIG of Police, Vigilance, Cuttack for favour of information. Sd/-

Asst. Commissioner of Commercial Taxes,(Intelligence) Orissa, Cuttack.

10

CIRCULAR NO. lV(II)/8/96-21309CT DATED 6.10.99

Sub: Procedure of initiating prosecution u/s 25 and Compounding of Offences u/s 26 O.S.T. Act.

Sir,

I am to say that whoever commits anyone or more offences

under the provisions of subsection (1) to sub-section (6) of section-25 of the

Orissa Sales Tax Act, is liable for prosecution in appropriate Court of Law as

provided under sub-section (8) of the said section. These offences are to be

tried in such Court in accordance with the provisions of the Code of Criminal

Procedure, 1973.

2. (a) Section-468 of Chapter XXXVI of the Cr.P.C. stipulates the period of

limitation for taking cognizance of offences. According to provisions thereof,

the period of limitation for taking cognizance of various offences committed

U/s 25 are as mentioned below :

i) Sub-section (1), (2) and (6) of section 25 - Limitation for taking

cognizance is one year.

ii) Sub-section (3), (4) and (5) - Limitation for taking cognizance is 3 years.

iii) When one or more offences under sub-section (1) or (2) of

Section 25 are tried together with anyone or more of the

offences falling under sub-sections (3), (4) or (5) of the Section,

the period of limitation is 3 years in accordance with the

provisions of subsection (3) of section 468 of the Cr. P.C.

b) Provisions of section-469 to 473 of Chapter XXXVI of the Code

of Criminal Procedure, 1973, relating to the commencement and

computations of the period of limitation have been extracted in Annexure-I for

convenience.

3. It has to be kept in mind that he prosecution report must be fool proof, so

that the same can result in conviction of the accused, therefore, the following

guidelines may be followed while preparing a prosecution report :

11

(i) The offences committed by the dealer should be catalogued

section wise and thereafter a prosecution report in the. prescribed format as

laid down under General Rules and Circular Orders (G.R.C.O.) of the Hon'ble

High Court has to be prepared. Rule 20 of the G.R.CO. specifically provides

the particulars to be furnished in complaint petitions. A check list of the

items/particulars to be furnished in the report based on provisions of G.R.C.O.

is enclosed as Annexure-2 for convenience.

(ii) Specific acts of contravention should be indicated in the

prosecution report and the same must be described section-wise keeping in

view the ingredients of provisions under Section 25.

(iii) It is also necessary to formulate specific charges with reference

to different sub-sections of Section 25.

(iv) In order to prove those specific charges in the Court of Law,

relevant acts under each count should be properly arranged, so that each of

the allegations can be proved accurately against the accused.

(v) Since relevant documentary evidence will be required to be

adduced at the trial, such documents must be arranged in respect of specific

charges.

(vi) While arranging the documents admissibility of the same and

mode of proof in terms of Indian Evidence Act, 1872 (Act 1 of 1872) may be

kept in view.

(vii) The prosecution report containing the charges and relevant

evidences must be prepared in such 'manner so as to prove a culpable mental

state on the part of the accused, as required under sub-section (7) of Section-

25.

4. A model format of complaint (Prosecution Report) is enclosed as

Annexure-3. After preparation of the prosecution report the same may be

forwarded to concerned Additional Commissioner of Commercial Taxes

(Intelligence) who will initiate action to issue a show-cause notice to the

12

concerned dealer giving an opportunity to him to compound the offence under

Section 26 of the Act. A model of the show-cause notice is enclosed as

Annexure-4.

5. If the dealer responds within the stipulated time with an option for

composition of offence(s), the amount of composition should be determined at

the level of the A.C.C.T. (Intelligence) as provided under section 26 of the

Orissa Sales Tax Act basing on the amount of tax evaded by the dealer and

recommended to the Commissioner of Commercial Taxes, Orissa for

necessary orders. The concerned Sales Tax Officer and Commercial Tax

Officer of the territorial circle should be associated in the process of the

determination of the composition amount. In case the dealer does not opt for

compounding, but pleads innocence or does not respond, the proposal for

prosecution should be sent to the Commissioner of Commercial Taxes, Orissa

by A.C.C.T. (Intelligence) with his comments for considering sanction of

Prosecution. The sanction of prosecution by Commissioner of Commercial

Taxes, Orissa would be as per the format in Annexure-5.

6. It should be borne in mind that prosecution is an effective provision to

tackle recalcitrant dealers. It would also act as a deterrent against tax evasion

by pre-empting such inclination on the part of others. Steps should, therefore,

be taken promptly on some exemplary cases for prosecution as per the above

guidelines.

Sd/- G.C. Pati Commissioner of Commercial Taxes (Orissa)

13

ANNEXURE – 1

Extract of Chapter XXXVI of Cr. P.C. relating to commencement and computation of period of limitation for taking cognizance of offences. Section-469: Commencement of the period of limitation –

1 . The period of limitation in relation to an offender, shall commence,

a) on the date of the offence, or

b) Where the commission on the offence was not known to the person

aggrieved by the offence or to any police officer, the first day of which

such offence comes to the knowledge of such person or to any police

officer, whichever is earlier, or

c) Where it is not known by whom the offence was committed, the first

day on which the identity of the offender is known to the person

aggrieved by the offence or to the police officer making investigation

into the offence, whichever is earlier.

2. In computing the said periods, the day from which such period is to be

computed shall be excluded.

Section-470 : Exclusion of time in certain cases (i) In computing the period of

limitation, the time during which any person has been prosecuting with due

diligence another prosecution, whether in a Court of first instance or in a Court

of appeal or revision against the offender, shall be excluded.

Provided that no such exclusion shall be made unless the prosecution

relates to the same facts and is prosecuted in good faith in a Court which form

defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has

been stayed by an injunction or order, then, in computing the period of

limitation, the period of the continuance of the injunction or order, the day on

which it was withdrawn shall be excluded.

(3) Where notice of prosecution for an offence has been given or where,

under any law for the time being in force, the previous consent or sanction of

14

the Government or any other authority is required for the institution of any

prosecution for an offence, then, in computing the period of limitation, the

period of such notice, or, as the case may be, the time required for obtaining

such consent or sanction shall be excluded.

Explanation - In computing the time required for obtaining the consent or

sanction of the Government or any authority, the date on which the application

was made for obtaining the consent or sanction and the date of receipt of the

order of the Government or other authority shall both be excluded.

4. In computing the period of limitation, the time during which the

offender: a) has been absent from India or from any territory outside India

which is under the administration of Central Government or

b) has avoided arrest by absconding or concealing himself, shall

be excluded.

Section 471 : Exclusion of date on which court is closed:

Where the period of limitation expires on a day when the Court is

closed, the Court may take cognizance on the day on which the Court

reopens.

Explanation: A Court shall be deemed to be closed on any day within the

meaning of the section, if, during its normal working hours, it remains closed

on that day.

Section- 472 : Continuing offence - In the case of a continuing offence, a fresh

period of limitation shall begin to run at every moment of the time during which

the offence continues.

Section-473: Extension of period of limitation in certain cases -

Notwithstanding anything containing in the foregoing provisions of this

Chapter, any Court may take cognizance of an offence after the expiry of the

period of limitation, if it is satisfied on the facts and in the circumstances of the

case that the delay has been properly explained or that it is necessary so to

do in the interests of justice.

15

ANNEXURE - 2

CHECK LIST FOR PREPARATION OF PROSECUTION REPORT

1. The report should be type written on full scape size paper, quarter

margin together with at least 1" of space at the top and bottom of each

sheet being allowed.

2. Every page of the report and every interlineations, alteration or erasure

therein shall be authenticated by initial of the officer concerned. Every

report shall state concisely and clearly the facts, matters and

circumstances upon which the prosecution relies.

3. The prosecution report must contain the following particulars : i) The name, age, address and other particulars like name of the

firm/business concern/ shop, whether registered or not, Registration

Certificate Number ,commodities/items dealt/manufactured/ processed

by him etc. in course of business.

ii) The date, time, place and mode of contravention/ violation of statutory

provisions.

iii) List of witnesses, if any, with their name, age, addresses etc. iv) A list of offences committed corresponding to the relevant sub-sections

of Section 25.

v) Whether offences were committed on earlier occasions and the action

taken thereon.

vi) Documents, if any relied upon. The documentary evidences pertaining

to each subsection of Section 25 are to bear SI. No. having a separate

series for each sub-section.

For example, documentary evidence under sub-section (1) of Section

25 may be numbered as Annexure A-1, A-2, A-3 .... documentary

evidences under sub-section (2) may be numbered as Annexure B-1,

B-2, B-3 .... under sub-section (3) the documents may be arranged as :

Annexure C-1, C-2, C-3 .... so on.

16

vii) If the documents in the Annexure happen to be copies of originals, the

same are to be duly attested.

4. There should a list of charges and each charge must be analysed

separately in relation to each sub-section of Section 25.

5. While narrating a particular charge, the relevant documentary evidence

under the appropriate annexure series has to be referred to. 6. The report may be prepared in good quality thick bluish green paper

which is used in preparation of petitions/affidavits.

17

ANNEXURE – 3

IN THE COURT OF THE _____________________________ COMPLAINT CASE NO. __________________ ___________of The Sales Tax Officer ……………… Complaint. Versus 1. (Name and Address) 2. (Name and Address) 3. (Name and Address) .......................... Accused Persons THE COMPLAINT OF THE COMPLAINANT MOST RESPECTFULLY SHEWETH :

The complainant begs to state as follows: 1. That the accused M/s _____________________________________ is a

company registered under the Companies Act, 1956/Partnership

Firm/Proprietorship Firm and the accused No.2/ 3 are the Directors/Partners

of the said Company/Firm.

2. That the address for service of all summons/notices is as stated above. 3. That the accused No. __________is carrying on business of

manufacturing/trading and is a registered dealer under the Orissa Sales Tax

Act vide Registration Certificate No. ………………………… .

4. That ............. (the facts leading to violation if any of the provisions of Sec.

25(1), (2) of the Orissa Sales Tax Act).

5. That the accused persons intentionally have violated the provisions of section

as stated above and as such are liable to be punished U/s 25 (1 )/25 (2) of

the O.S.T. Act, 1947.

6. That this learned Court has jurisdiction as the accused persons have

committed the offence U/s 25 by violating provisions of section within the

local limits of the learned Court.

7. That as required sub-section Section 25 of the O.S.T. Act, 1947 the

Commissioner of Commercial Taxes has accorded sanction for prosecution of

the accused persons and a copy of the said sanction order letter dated is

enclosed herewith.

18

PRAYER

It is, therefore, prayed that in the facts and circumstances of the

case stated above and in the interest of justice this learned Court may be

pleased to :

i) Take cognizance of the offence U/s (25) (1) and (2) of the Orissa Sales

Tax Act, 1947, issue summons and to punish the accused persons in

accordance with law.

ii) To pass orders directing the accused persons to comply with the

provisions of section for repayment of the amount of Rs. _________

towards tax/penality.

iii) To pass orders directing payment of the penalty or part of the

penalty/fine imposed on the accused to the Corporation as provided

U/s 25(1) of the Orissa Sales Tax Act, 1947.

And pass such other order/orders that may be deemed fit in he facts

and circumstances of the case.

Place:

Date: COMPLAINTANT

LIST OF DOCUMENTS RELIED UPON

(1 ) (2)

LIST OF WITNESS

(1 ) (2)

COMPLAINT

19

ANNEXURE – 4

NOTICE OF SHOW-CAUSE ISSUED U/S 25/26 OF THE O.S.T. ACT

To Sri ………………………………………………………………….

S/o ……………………………………………………………

Proprietor/Partner of

M/s …………………………………………………………….

Registration Certificate No ...... .

Whereas it appears to me that you, a registered/unregistered

dealer, have committed offence(s) punishable U/s 25 of the Orissa Sales Tax

Act, 1947 on the basis of the facts mentioned below and whereas action to

prosecute you under the said section is proposed to be taken.

You are hereby given an opportunity to opt for composition of

the offences as provided U/s 26 of the O.S.T. Act 1947 within a month of

receipt of this notice, failing, which you should show-cause as to why

prosecution proceedings will not be instituted against you as per law.

Facts of the case leading to the offence U/s 25

Office Seal : Place: Date: Signature / Designation

20

ANNEXURE – 5

OFFICE OF THE COMMISSIONER OF SALES TAX. ORISSA. BANIJYAKAR BHAWAN ,CANTONMENT ROAD, CUTTACK-753001.

No. / Date

Perused the papers concerning the prosecution U/S 25 of the

Orissa Sales Tax Act 1947 of _________Managing Director/ Director/

Proprietor of ________

Whereas I __________________________________________

Commissioner of Sales Tax, Orissa, am satisfied that Sri

_______________________ have failed to comply with the provisions of

Section by (State of facts) and has contravened the provisions of

Section of the Orissa Sales Tax Act, 1947.

Now, therefore, in pursuance of the power conferred upon me

under sub-section (8) of Section 25 of the Orissa Sales Tax Act, 1947,

I_____________ _________________ Commissioner of Sales Tax, Orissa,

Cuttack sanction the prosecution of Sri __________________________

For the said offence.

Commissioner of Sales Tax, Orissa Cuttack Circular No.IV(n/8/96/21309/CT, dt.6.10.99

21

APPENDIX – 2

GOVERNMENT OF ORISSA HOME DEPARTMENT

…

NOTIFICATION

Bhubaneswar ,the 7th October , 1963 No. 24105/HC- Whereas it appears necessary, for the purpose of

section 551 of the Code of Criminal Procedure, 1898 ( Act V of 1898) to clarify

the extent of jurisdiction of Police Officers of the Vigilance Branch, of and

above the rank of Deputy Superintendent of Police, the State Government do

hereby declare that the jurisdiction of the said police officers extends

throughout the State of Orissa.

By order of the Governor AMAR SINGH Joint Secretary to Government

22

GOVERNMENT OF ORISSA POLITICAL & SERVICES (VIGILANCE ) DEPARTMENT

…

NOTIFICATION

Dated Cuttack the 8 th August 1978.

No.8077/V.L. / Whereas it appears necessary for the purpose of section 36

of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), to clarify the

legal powers of the Asst. Inspector-General of Police in the Vigilance

Directorate vis-à-vis Home Department Notification No. 24105/HC dated

7.10.63, the State Government do hereby declare that said Police Officers

shall be deemed to be appointed as Addl. Supdt. of Police of all the divisions

of the Vigilance Branch in the State of Orissa.

By order of the Governor

Sd/- B.K.Mohapatra Special Secy. to Government P & S (Vigilance )Department, Orissa, Cuttack Memo NO.8078/VL dated Cuttack the 8th August, 1978.

Copy forwarded to the Director of Printing, Stationary and

Publication, Orissa, Cuttack for publication in the next issue of the Orissa,

Gazette.

( K.D. Bajpai ) Deputy Secretary to Government

23

Government of Orissa Home Department.

*** O R D E R

Dated, Bhubaneswar, the 29th July, 1970.

No.Vig-Law-1/65/3-70-26181/HC : In exercise of the power conferred

under the first proviso to sub-section(1) of Section 5-A of the Prevention of

Corruption Act, 1947 (Act No.II of 1947) the State Government do hereby

authorize Inspectors of Police attached to the Political and Services

(Vigilance) Department to investigate, any offence punishable under section 5

of the said Act, other than an offence referred to in clause (e) of sub-section

(1) thereof, or any offence punishable under Section 161, Section 165 or

section 165-A of the Indian Penal Code (45 of 1860) and to make arrest

therefor without a warrant.

By order of the Governor

Sd/- B.B. Rath

Secretary to Government.

Government of Orissa

Home Department. ***

O R D E R No.46337/HC Dated, Bhubaneswar, the 13th October, 1977. In exercise of the powers conferred by the first proviso to sub-

section (i) of Section-5A of the Prevention of corruption Act, 1947 (Act 2 of

1947) the State Government do hereby authorize the Inspectors of Police

attached to Political and services (Vigilance) Department to investigate into

any offence punishable under clause (e) of sub-section (i) of Section 5 of the

said Act in addition to the power given under Home Department Order

No.26181/HC dt.the 29th January, 1970 and to make arrest therefore without a

warrant subject to fulfillment of the condition laid down in the 2nd proviso

thereto.

By order of the Governor Sitakanta Mohapatra Secretary to Government.

24

GOVERNMENT OF ORISSA

HOME DEPARTMENT …

Memo No. 20041/HS Ref. 45092.

Dated the Bhubaneswar 17.4.93.

To

All Departments of Government.

Sub:- Authority of Inspectors of Vigilance Department to investigate offences under the prevention of corruption act, 1988 ( Act, 49 of 1988)

…

The undersigned is directed to say that it has come to the notice

of Government that doubts have arisen in the minds of some officers whether

the authority vested in Vigilance Inspectors in the orders of the Government of

Orissa in the Home Department No. 2618/HC dated the 29th July, 1970 and

No. 46337/HC dated the 13th October ,1977 to investigate the cases under the

Prevention of Corruption Act, 1947 ( 2 of 1947) is still in force under the new

Prevention of Corruption Act, 1988 ( 49 of 1988).

After careful examination of all aspects of the matter,

Government have been pleased to clarify that by virtue of the Provision of

Sections 6 and 24 of the General Clauses Act, 1897 (10 of 1987) read with

section 30 of the Act, 49 of 1988, the aforesaid orders are still in force even

after the prevention of corruption act, 1947 is repealed, since the same are

not inconsistent with the provisions of Act, 49 of 1988.

Sd/- PRINCIPAL SECRETARY TO GOVERNMENT Memo No. 20042/ dt. 17.4.93. Copy forwarded to the General Administration (Vigilance) Department for information with reference to their letter No. 531 dt. 4.3.93. Sd/- JOINT SECRETARY TO GOVERNMENT

25

APPENDIX- 3

No. 8601-VE.

GOVERNMENT OF ORISSA

GENERAL ADMINISTRATION (VIGILANCE) DEPARTMENT, CUTTACK

RESOLUTION The 29th December 2004

Government have been pleased to make the following orders to

regulate the method of selection .and conditions of service of persons posted

to the Orissa Vigilance (Group 'A' and Group 'B') services .on deputation.

CHAPTER - I 1. (1) These orders may be called the Orissa Vigilance Group 'A' and Group

'B' Services (Method of Selection and Conditions of Deputation) Orders, 2004.

(2) These orders shall come into force on the date of its publication in the Orissa Gazette. 2. (1) In these orders, unless the context otherwise requires,-

(a) 'Department' means the General Administration (Vigilance) Department;

(b) 'Deputation' means the placement of services of officers from Orissa Police to State Vigilance Organisation under the Government;

(c) 'Director' means the Director, Vigilance, Orissa; (d) 'Government' means the Government of Orissa; (e) 'Screening Committee' means the Committee constituted under

orders 7, 11 or 15 ; (f) 'Service' means the State Vigilance Group ‘A’ and Group 'B'

service constituted under these orders; and (g) 'Year' means the calendar year.

(2) Words and expressions used herein but not specifically defined in

these orders shall have the same meaning as respectively assigned to them

in the Orissa Service Code or Police Manual Orders.

26

CHAPTER- II

METHOD OF SELECTION

3. (1) All sanctioned strength of the Department in the rank of Inspector shall be filled up on the basis of deputation from Orissa Police. (2) The posts of Deputy Superintendent of Police of the Department shall be filled up either by deployment, who are already on deputation from 'Orissa Police or selecting the eligible persons of Orissa Police and bringing them on deputation. (3) Sanctioned posts in the rank of Additional Superintendent of Police and as many posts in the rank of Superintendent of Police as decided from time to time shall be filled up by deployment of those already working in Orissa Vigilance on deputation from Orissa Police. (4) The service shall remain under the administrative control of the General Administration (Vigilance) Department and will be regulated by Vigilance Police Instructional Handbook and other rules, regulations, circulars issued by the Department from time to time. 4. Selection to the service shall be as follows, namely:- . (1) Sanctioned posts of lnspector of Police, Vigilance shall be filled up in accordance with the orders under Chapter III of these orders. (2) Sanctioned posts of Deputy Superintendent of Police. Vigilance shall be filled up in accordance with the rules under Chapter IV of these rules. (3) The posts of Additional Superintendent of Police, Vigilance and Superintendent of Police, Vigilance of the service shall be filled up in accordance with the Chapter V of these orders.

CHAPTER - III

SELECTION OF INSPECTORS OF POLICE, VIGILANCE …

5. The Department will determine the number of vacancies in the post of Inspector of Police, Vigilance to be filled up by deputation. The Director of Vigilance shall request D.G. & I.G. of Police for deputation of required staff as and when felt necessary. 6. (1) In order to be eligible to be considered for the post of Inspector of' Police, Vigilance, a candidate should have held analogous post !n Orissa Police on the executive side or should have put in at least six years of continuous service in the rank of Sub-Inspector (Executive) in Orissa police from the date of appointment with good service record."

Selection

Filling up of

vacancies

Eligibility

27

(2) All Vigilance Officers in the rank of Sub-Inspector (already on deputation from Orissa Police) will be eligible for consideration for appointment as Inspector of Police, Vigilance as and when they complete six years; of service. 7. (1) There shall be a Screening Committee constituted for appointment of Inspector of Police; Vigilance consisting of the following officials; namely:- Inspector General, Vigilance .. Chairman

I.G. H.Q (to be nominated by (D.-G.) .. Member

Additional Secretary, Home Department .. Member

S. P. Vigilance (to be nominated by Director, Vigilance). .. Member

(2) The recommendation of this Screening Committee will be placed before Director, Vigilance for his approval and on his approval appointments shall be made accordingly. 8. (1) The criteria for selection would be merit-cum-suitability (2)The Screening Committee may recommend reasonable number of candidates to be kept in waiting list.

CHAPTER - IV

SELECTION OF DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE

9. The Department will determine the number of vacancies, in the post of Deputy Superintendent of Police, Vigilance to be filled up by deployment on deputation from Orissa Police/regular Inspectors already on deputation from Orissa Police. If sufficient number of eligibleofficers in the rank of regular Inspector are already available with Orissa Vigilance, Director, Vigilance may go for deployment from among those eligible Inspectors already under deputation to Orissa Vigilance. As and when felt necessary, the Director of Vigilance may request D.G. & I.G. of Police for deployment on deputation of required staff. 10. (1) In order to be eligible to be considered for the post of Deputy Superintendent of Police, Vigilance, a candidate should have worked in an analogous post in Orissa Police or should have put in at least five years of continuous service in the rank of regular Inspector of Police. 11. (1) There shall be a Screening Committee constituted for selection of candidates for appointment to the post of Deputy Superintendent of Police, Vigilance by way of deployment on deputation or consisting of the following officials, namely:-

Constitution of screening committee.

Norms of selection

Filling up of

vacancies

Eligibility

Constitution of screening committee.

28

Director, Vigilance . ... Chairman

I.G., .H.Q. (to be nominated by D.-G.) … Member

I.G., Vigilance … Member

Additional Secretary, Home Department … Member

(2) Recommendation of this Screening Committee shall be operated on approval of Director, Vigilance. 12. ( 1) Criteria for selection on deployment on deputation would be merit-cum-suitability. (2) Criteria for deployment on next higher grade during the period of deputation from those regular Inspectors already on deputation would be on seniority-cum-merit. (3) Zone of consideration for deployment on next higher grade during the period of deputation would be five for each vacancy. (4) No. person would be selected for deployment on deputation to the post of Deputy Superintendent of Police if an officer senior to. him in Orissa Police continues to work in the rank of Inspector in Orissa Vigilance. (5) Screening Committee may recommend reasonable number of officers to be kept on waiting list for selection by deployment on deputation.

CHAPTER - V

SELECTION OF ADDITIONAL SUPERINTENDENT OF POLICE/ SUPERINTENDENT OF POLICE, VIGILANCE BY PROMOTION

13. (1) All vacancies in the post of Additional Superintendent of Police, Vigilance shall be filled up by deployment on deputation from among the Deputy Superintendent of Police, Vigilance appointed as per rules under Chapter IV of these orders. (2) One post of Superintendent of Police, Vigilance shall be filled up by adhoc promotion from among the Additional Superintendent of Police, Vigilance. (3) Criteria for deployment on deputation would be seniority-cum-merit. (4) Zone of consideration would be five for each vacancy. 14. (1) The Screening Committee shall, for the purpose of preparing the list of suitable officers for promotion to the rank of Additional Superintendent of Police, Vigilance consider the cases of those Deputy Superintendent of Police, Vigilance, only who have completed two years of service after their regular promotion as Deputy Superintendent of Police in the parent Police Department.

Norms of selection

Method of selection

Eligibility

29

(2) The Screening Committee shall for the purpose of preparing the list of suitable officers for promotion to the rank of Superintendent of Police, Vigilance consider the cases of those Additional Superintendents of Police, Vigilance, who have put in one year of service as such in the Vigilance.

15. (1) There shall be a Screening Committee constituted for selection of officers for promotion to the post of Additional Superintendent of Police and Superintendent of Police consisting of the following officials, namely :-

Director, Vigilance … Chairman I.G., Police H.Q. (to. be nominated by D.G.) … Member I.G., Vigilance … Member Additional Secretary, Home Department … Member

(2) The recommendation of the Screening Committee would be sent to the Government for approval and on approval of the Government the promotion would be given.

CHAPTER - VI (GENERAL)

16. All existing Vigilance staff in the rank of Inspector, Deputy Superintendent of Police, Additional Superintendent of Police shall be deemed to be appointed under these orders. They shall be considered for deployment on next higher grade during the period of deputation if eligible and falling within the zone of consideration. Their years of service in the State Vigilance in different ranks would be counted towards eligibility. 17. If more than one I.G./D.I.G. are posted in Vigilance, the I.G. Nominated by the Director would sit in the Screening Committee. . 18. The select list/waiting list will remain valid for a period of one year from the date of its approval or till the approval of next select list whichever is earlier. 19. (1) Selected persons recommended for the deputation to Vigilance, on joining the Vigilance Department, shall continue to retain their seniority in the parent Police Organisation. (2) The service experience of deputations in Vigilance Organisation shall be treated as the service experience in the parent Police Organisation in the same rank and scale in which they would be working in the parent Police Organisation, had they not been taken on deputation to Vigilance Directorate. (3) The Police Officers, coming to Vigilance Directorate on deputation shall maintain their inter-se seniority of the parent Police Department.

Screening committee

Existing Vigilance Personnel

Inter se seniority

Screening committee

30

(4) Director, Vigilance or Government may deploy the deputed police officers in the higher rank in such a manner that it will not disturb their inter se seniority maintained in the parent organisation. 20. There shall be no fixed tenure of the persons so deputed to Vigilance Directorate. They shall not be absorbed in the Vigilance Organisation. They can be reverted at any time at the discretion of the Director, Vigilance. On completion of minimum three years of service, they can be reverted back on their written representation, subject to convenience of Director, Vigilance. 21. The provisions of the Orissa Service Code and the relevant instructions issued by the Finance Department from time to time shall be applicable for the fixation of pay of the persons joining the Vigilance deputation. The deputed Police Officer shall have no right to pay protection on reversion to parent police organisation. On such reversion, their pay shall be fixed, according to "next below rule”. 22. A Police Officer promoted to rank in the parent police organisation shall have the option to be reverted back, if he is not provided, in Vigilance Directorate, the scale of pay of the promoted rank. If, however, he is already working in such' higher scale of pay in Vigilance he shall not have any right to get reverted to the parent Police Department. 23. Orissa Police Personnel already on deputation to other organizations may also apply for deputation to Orissa Vigilance in the rank of Inspector/ Deputy Superintendent of Police if they fulfill the eligibility criteria. 24. If any question arises relating to interpretation of these orders, it shall be referred to the Government in General Administration Department for decision. 25. The Government may issue such executive instructions, not inconsistent with the provisions of this order, as they may consider necessary to regulate the matter not specifically covered by the provisions of these orders. 26. Where the Government are of opinion that it is expedient to do so, they may, by order, for reasons to be recorded in writing relax any of the provisions of this order in respect of any class or category of employees in the interest of public service. By order of the Governor GOPAL CHANDRA NANDA Director-cum-Additional Director General of Police, Vigilance & ex officio Special Secretary to Government

Tenure

Pay fixation/

pay protection

Reservation

31

APPENDIX – 3 (A) Government of Orissa

General Administration (Vigilance) Department. •••

No. 907lVE Dated 07. 02. 2004. To

The A.G. (Accounts), Orissa, Bhubaneswar.

Sub: Grant of Special Incentive to the employees of General Administration (Vigilance) Department.

Sir, I am directed to say that the question for grant of special

incentive to the employees working under General Administration(Vigilance) Department was under active consideration of Government for sometime past.

After careful consideration, Government have been pleased to accord sanction Special Incentive @15% of the basic pay without ceiling to all classes of employees working under General Administration (Vigilance) Department (as per statement enclosed) to ensure more commitment and dedication from the employees. With this, payment of special pay will discontinue. The officers and men of Finance Department posted to General Administration (Vigilance) Department will also get the same benefit. The scheme would be related to performance and shall be reviewed every year and the incentive will be reduced if the spot collection of the Department falls below the target to be fixed every year by the Government in Finance Department in consultation with Director, Vigilance.

This has been concurred in by Finance Department vide their UOR No. 5411GS-II of 29.11.2003. This will take effect from the date of issue of the order. Yours faithfully,

Sd/- G. C. Nanda Special Secretary to Government Memo No. 908/VE Dated 07.02.2004 Copy forwarded to Finance Department, Bhubaneswar/Home Department, Bhubaneswar/GA Department, Bhubaneswar for information. (ii) Copy forwarded to AG (Audit), Orissa, Bhubaneswar / Commissioner of Commercial Taxes, Orissa, Cuttack /Treasury Officer /Special Treasury, Cuttack/ Berhampur /District Treasury ,Khurda, Bhubaneswar /Sambalpur /Balasore / Koraput for information and necessary action. The Commissioner, Commercial Taxes, Orissa, Cuttack may please take appropriate action for drawal of Special Incentive Allowance as sanctioned above in respect of the employees of Commercial Taxes Department working in Vigilance Organisation. Sd/- Special Secretary to Government.

32

STATEMENT

1.Director, Vigilance

2.I.G.P, Vigilance

3.D.l.G.P.,Vigilance

4.S.P./A.I.G.P.,Vigilance (IPS)

5.S.P./Addl.S.P. (OPS), Vigilance

6.Legal Adviser, Vigilance

7.Public Prosecutor, Vigilance

8.Addl. Public Prosecutor, Vigilance

9.Superintendenting Engineer, Vigilance

10.Executive Engineer, Vigilance

11.Assistant Executive Engineer, Vigilance

12.D.S.P.,Vigilance

13. Inspector of Police/Handwriting/ Building/Photo/Computer, Vigilance

14.Assistant Director, Statistics, Vigilance

15.O.S.D.Estt., Vigilance

16.P.A. (Non-tech) to Director, Vigilance

17. P.A (Tech), Vigilance

18.S.O., Level-I & II, Vigilance

19.Asst. Engineer, Vigilance

20.Assistant Public Prosecutor, Vigilance

21.S.l. of Police/ Steno S.I., Vigilance

22. Junior Engineer, Vigilance

23.Programmer Computer, Vigilance

24.Senior Assistant Vigilance

25.Superintendent Issue Section, Vigilance

26. Senior Grade Stenographer, Vigilance

27.A.S.l of Police, Vigilance

28. Driver Havildar Major, Vigilance

33

29.Senior Grade Typist, Vigilance

30.Junior Grade Stenographer, Vigilance

31. Senior Diarist, Vigilance

32.Driver Havildar, Vigilance

33.APR Havildar, Vigilance

34.Assistant Driver, Vigilance

35.Constable/ APR Constable, Vigilance

36.Junior Asst. Vigilance

37.Junior Grade Typist, Vigilance

38. Recorder, Vigilance

39.Junior Librarian, Vigilance

40.Follower Orderly, Vigilance

41.Peon, Vigilance

42.Farash, Vigilance

43.SweeperISweeper-cum-Farash, Vigilance

44.Choukidar, Vigilance

45.Daftary, Vigilance

46.Additional Commissioner of Commercial Taxes, Vigilance

47.Commercial Tax Officer, Vigilance

48.Additional Commercial Tax Officer, Vigilance

49.Inspector, Commercial Taxes, Vigilance

50.Senior Stenographer, Vigilance

51.Peon, Vigilance.

34

Government of Orissa General Administration (Vigilance) Department.

••• No. 3701/VE Dated :24/04/2004 To The Accountant General (Accounts) Orissa, Bhubaneswar.

Sub: Grant of Special Incentive to the employees of GA (Vigilance) Department.

Sir,

In inviting reference to GA (Vigilance)Department No.907/VE dt.7.2.04 and O.O.No.232/VE dt. 7.2.04 I am directed to say that there are certain doubts in regard to drawal of Special Incentive @15% of the Basic pay without ceiling to all classes of employees working in GA (Vigilance) Department as per the list of employees enclosed to the said order.

The point of doubts are clarified below: Points of Doubt Clarification

1. Whether Senior Clerk, Jr. Clerk Driver etc. of Sales Tax Unit who are working in G.A. (Vigilance) Department & which posts are not in the enclosed statement are entitled to get special incentive @15% of the basic pay as per order referred above.

YES. Government have been pleased to accord sanction Special Incentive @15% of the basic pay without ceiling to all classes of employees working under GA (Vigilance) Deptt. provided the posts against which they are working in GA(Vig)Deptt. are specifically sanctioned to remain attached to GA(Vigilance)Department

2. Whether the employees of Forest Deptt. like Deputy Conservator of Forest, Ranger, Forester, Forest Guard, Driver, Peon, Stenographer etc. who are working in GA(Vigilance)Deptt. and which posts are not in enclosed statement are entitled to get special incentive @15% of he basic pay as per order referred above.

YES As Clarified above.

This clarification is also applicable with effect from the date of issue of

Original order. Yours faithfully, Sd/- G.C.Nanda Special Secretary to Government

35

Memo No.3702/VE Dated 24.4.04 Copy forwarded to Finance Department, Bhubaneswar/ Home Department, Bhubaneswar/General Administration Department, Bhubaneswar for information. ii) Copy forwarded to A.G (Audit) Orissa, Bhubaneswar / Commissioner of Commercial Taxes, Orissa, Cuttack / Principal Chief Conservator of Forests, Orissa, Bhubaneswar /Treasury Officer, Special Treasury Officer, Cuttack / Berhampur / District Treasury Khurda, Bhubaneswar/ Sambalpur/ Balasore/ Koraput for information and necessary action. iii) Copy forwarded to All CTOs of Vigilance Divisions for information and necessary action. The Commissioner, Commercial Taxes, Orissa, Cuttack/ Principal Chief Conservator of Forests, Orissa, Bhubaneswar may please take appropriate action for drawal of Special Incentive Allowance as sanctioned above in respect of the employees of Commercial Taxes Department/Forest Departments working in Vigilance Organisation. Sd/-G.C.Nanda Special Secretary to Government

36

APPENDIX- 4

No. 10350 Bhubaneswar Dated 27th Oct. 2001. From

SHRI D.P.BAGCHI Chief Secretary and Chief Development Commissioner Orissa. To

All Principal Secretaries to Government Secretaries to Government Heads of Departments District Officers Heads of Public Undertakings.

Ref: Letter No.22937 dt.28.8.97, No.3M-47/93. – 19247/Gen, dt.7.9.93, No.3M-47/93 – 19248/Gen., dt.7.9.93 & No.3M-47/93 – 19249/Gen., Dt.7.9.93 of General Administration Department, Government of Orissa.

Sub: 1. Inordinate delay in disposal of references from the

Vigilance Department for sanction of prosecution, and taking Departmental Action.

2. Making available documents/ copies of documents,

required for the purpose of enquiry/ investigation by the Vigilance Department, and extending cooperation to the Vigilance Department in general.

Madam/Sir,

It is a matter of grave concern that despite clear Circular Orders

issued in the past on the above subject, inordinate delay is noticed in a

number of cases referred by the Vigilance Department for sanction of

prosecution. While a period of two months was given as the outer limit, it is

found that in a few cases, even after a lapse of two years, sanction orders are

still awaited by the Vigilance Department.

2. Pre-sanction discussions are held with Sanctioning

Authorities by the Vigilance Officials, along with case records, more than

once, whenever necessary. Nevertheless, sanction orders do not get issued

on the general plea of seeking and obtaining comments on the

37

representations made by the accused public servants, from time to time. The

dilatory tactics adopted by the accused official helps protract the issue beyond

reasonable limits, eventually defeating the purpose, and undermining the

efficacy of prosecution. There is no need for a parallel enquiry at the level of

the sanctioning authority. It is also not necessary to insist on supply of copies

of documents, statements etc. by the State Vigilance.

3. When there is no gainsaying that the Sanctioning Authority

must apply his mind fully to the facts of the case and satisfy himself before

according sanction there is need to adhere strictly to the time schedule of two

months at the most. Inordinate delays have been viewed adversely by the

Courts of Law. Hence, the delay in disposal of proposals for sanction of

prosecution beyond two months, should be scrupulously guarded against.

4. The Secretaries/Departmental Heads/CEOs of the PSUs will

review the position in this regard every two months so that no case is kept

pending beyond two months.

Departmental Action against charged officials: 5. Many cases enquired into or investigated by the Vigilance

Department are referred to the Department concerned for departmental

proceedings, or for action, as deemed proper. It is observed that such cases

do not get the attention they deserve, and are generally neglected or delayed

for so long as to defeat the very purpose of departmental action.

6. It is unfortunate that the salutary raison deter of departmental

action is often overlooked by the authorities concerned, to the detriment of

probity and discipline in Government service. The disciplinary authorities owe

it to themselves; and the Departments they head, to see that departmental

proceedings are promptly instituted, deligently pursued and expeditiously

concluded.

7. It is needless to say that during investigation of a criminal

case, the Investigating Officer has statutory power to effect seizure of relevant

38

papers if required for the purpose, and in that case, all cooperation should be

given by the concerned authorities.

Furnishing necessary documents/copies to Vigilance Officials and cooperating with the Vigilance Department in general: 8. As you are all aware, Government attach great importance to

stamping out corruption from amongst public servants. The Vigilance

Organisation cannot function effectively without the full cooperation from all

Heads of Departments and Heads of Offices and all honest public servants

whose assistance may become necessary at any time for investigation/

inquiring into the conduct of dishonest officers.

9. Instances have come to the notice of the Government in

which some Heads of Offices have either refused to allow the officers of the

Vigilance Department any facility for making enquiry or even demanded to

know the purpose of such enquiry despite the fact that the enquiring officers

had duly established their identity as Vigilance Officers and were performing

their statutory duties.

10. Government, therefore, desire to reiterate that it shall be the

duty of all concerned to afford all necessary facilities and assistance to

officers of the Vigilance Department in their enquiries/investigation.

11. If the enquiring officer finds it necessary to take any papers

from any office in connection with his enquiry, he should be allowed to do so,

on signing a proper receipt. The officers have been instructed not to ask for

removal of papers unless it is absolutely necessary for the purpose of their

enquiry.

12. If the Head of the Office is reasonably of the opinion that it

would hamper his work, if any paper is removed from his office, certified

copies of the papers, if they could serve the purpose of enquiry, may be given

to the enquiring officer by the Head of Office.

39

13. In case, however, where the records required by the

enquiring officer, are themselves pieces of evidence, in the enquiry, the

records have to be handed over to the enquiring officer at once if it is

apprehended that not taking charge of the records immediately will leave

scope for those being tampered with.

14. As regards disclosing the purpose of the enquiry, it may be

appreciated that in the interest of enquiry, secrecy may have to be maintained

at times, rendering the Vigilance Officer unable to disclose the purpose of

details of an enquiry beforehand.

15. In case, records duly requisitioned by Vigilance Officers are

not made over to them expeditiously, it shall be presumed that the officer

withholding the records does it with a view to shielding the delinquent officer.

16. Government are firm about combating corruption at all

levels, and as such, concerted and well coordinated efforts are called for from

all authorities and Government servants. Identifying, exposing and correcting

the corrupt is a responsibility, vesting primarily with the Department

concerned. The Vigilance Department as the Principal Investigating Agency of

the Government on corruption, plays a complementary, albeit a critical, role in

combating corruption. Therefore, wholehearted and unstinted cooperation

with the Vigilance Department is called for from all departments/P.S.Us., in all

respects.

Yours faithfully,

Sd/-

CHIEF SECRETARY, ORISSA

40

Copy of letter No. C-9/321-Admn.-1/53-Col.-IV., dated the 15th July, 1955 from the Comptroller and Auditor General of India, New Delhi.

…

Will you kindly refer to Khanna’s secret DO letter No. 132-Admn.-1951-Pt.-III, dated the 26the May, 1952, regarding the grant of facilities to the Police or other investigating officers ? 2. It was represented to the Comptroller and Auditor General that the present procedure for the police obtaining original documents from the Audit Department, involving reference to the Government of India, Ministry of Home Affairs and the Comptroller and Auditor General was cumbersome and dilatory. 3. In order to minimize the delay in the Police Securing the originals of documents from the Audit office when their investigation cannot proceed without the originals, it has been decided in consultation with the Government of India that the existing procedure should be modified to the extent indicated below :- (a) In cases in which the investigating officer feels that his investigation cannot proceed on copies of documents including Photostat copies and it is essential for him to have the possession of the originals of documents in the custody of Audit officers, he should move the Inspector General, Special Police Establishment or the Inspector General of Police as the case may be, who satisfying himself on the point, will personally address the Accountant-General concerned to handover the documents in original to the Investigating Officer , indicating that Photostat copies would not serve his purpose . The Accountant-General will act accordingly, after keeping Photostat copies for his record. (b) Where the State Government has under his direct control ( and not under the police) a handwriting Expert and the Inspector General of Police wishes to utilize the local agency in preference to the Central Examiner of Questioned documents, Simla and the Expert is not in the same station as the Audit officer, the procedure prescribed for transmission by post of documents to the Government Examiner of Questioned Documents, Simla, would apply equally in these cases also.

41

APPENDIX-5

No. AIS/II-28/2000-19941/Gen. Government of Orissa

General Administration Department, ***

OFFICE MEMORANDUM Dated, the 5th June, 2000.

Sub: Conferring of Secretarial status on the officers of IPS/IFS

posted out side the Secretariat. There is no fixed principle at present for conferring Secretarial

status on the IPS/IFS officers who are working outside the Secretariat, but

dealing with file/subjects of Departments of Secretariat. Very often IPS and

IFS officers are to deal with files of different Departments although they hold

some other posts outside the Secretariat. This has caused dislocation of

government work at times.

In order to avoid the above difficulties, it has now been decided

that whenever IPS officers of different rank are posted to Vigilance

organsiation, they are to be conferred with Secretarial status as indicated

against each category of officers by the Home Department as mentioned

below : -

Category of officers. Secretarial status.

1. D.G., Vigilance / Addl. D.G., Vigilance / I.G. of Police, Vigilance.

: Special Secretary.

2. D.I.G. of Police, Vigilance. : Additional Secretary.

3. S.P., Vigilance (Selection Grade) : Joint Secretary.

4. S.P. / Addl. S.P., : Deputy Secretary.

5. D.S.P. : Under Secretary.

Similarly, whenever there is necessity for posting of IFS officers

of different ranks in Departments of Secretariat they are to be conferred with

Secretarial status by the Forest and Environment Department as mentioned

below : -

42

1. P.C.C.F./ Addl. P.C.C.F. / C.C.F. : Special Secretary.

2. Conservator of Forests. : Additional Secretary.

3. D.F.O. (Selection Grade) : Joint Secretary.

4. D.F.O. : Deputy Secretary.

Further, it has been decided that while conferring ex-officio

Secretarial status on the officers of other services including central services

by the concerned Administrative Departments, General Administration

Department should invariably be consulted before such ex-officio status is

conferred on them.

Sd/- R.C. Mishra Special Secretary to Government.

43

APPENDIX -6

LIST OF IMPORTANT SUBJECTS ON WHICH VIGILANCE OFFICERS SHALL COLLECT INTELLIGENCE.

1. Acceptance, demand and offer of bribe/illegal gratification.

2. Acquisition and possession of assets disproportionate to the known

sources of income of public servants and Benami Properties - It is not

one particular act of corruption of a person but is a consequence

arising out of his habitual acceptance of illegal gratification or a

consequence of habitual commission of offences by him U/s 13 (1)(e)

of Prevention of Corruption Act, 1988.

3. Benami business by Government Servants and indulging in part time or

full time private trade or employment or illegal /prohibited practices.

4. “Prevention is better than cure” but mostly Vigilance deals in post

mortem corruption which is less fruitful than the detection of corruption

in ante-mortem nature causing joint verification / surprise check of

ongoing works will prevent/stop misuse of public money.

5. Corruption –This not only includes acceptance of illegal gratification by

public servants but all types of malpractices adopted by them in course

of their duty in contravention of rules and regulations. Showing undue

favour or disfavour with dishonest motive to any one in course of their

official business also comes under corruption.

6. Clandestine or fake purchase and disposal in Departmental stores.

7. Connivance of public servants or association of public servants with

ulterior motive in issue of work order, illegal licences, permits,

certificates, thriving of illicit dens – Tender Fixing etc.

8. Devastation of forest wealth.

9. Evasion of Sales Tax, Motor Vehicle Tax etc.

44

10. Execution of Projects : Right from the time funds are allotted for

development or construction of project, watch has to be kept to find out

(i) Misuse, (ii) Misappropriation (iii) Diversion or wastage of public

funds (iv) Substandard execution in violation of standard norms,

agreement.

11. Flagrant cases of nepotism, favoritism, dishonest deals in respect of

selection, appointment, promotion, supersession, transfers, posting etc.

12. Fraudulent indent, drawal, disbursement of fees, grants, grant-in-aids,

scholarship money, stipends etc.

13. Fraudulent settlement and lease of lands during survey, settlement

operations or otherwise.

14. Hoarding, black marketing, illicit sale of essential commodities and

violation of control orders.

15. Keeping an unobtrusive watch/ surveillance on potential corrupt

officials.

16. Loss, wastage, misuse of public funds, State’s wealth, forest produce,

Government machineries /equipments.

17. Misappropriation of Government funds.

18. Interception of black money in possession of public servant. 19. Irregular lease of Revenue/ Forest area and other areas for major

minerals or minor minerals. 20. Instances of misconduct as defined in Sec. 13(1) of Prevention of

Corruption Act, 1988 and in Rule 2 © of Disciplinary Proceedings

Tribunal Rules, 1951. 21. Department/Area of intensive surveillance as decided or determined by

Government/ Department

22. Any other new area/Projects/Schemes/ style of corruptions.

45

APPENDIX – 7 GOVERNMENT OF ORISSA

HOME DEPARTMENT …

NOTIFICATION Bhubaneswar, the 7th Aug.2004

No. 31045/D & A-49/04, In exercise of the powers conferred by clause (s) of

section 2 of the code of criminal procedure, 1973 ( Act 2 of 1974) and in

supersession of the Notification of Government of Orissa in Home Department

No.38962/HC, dated 13.7.2001 the State Government do hereby declare that

the offices mentioned in column (1) of the schedule No.1 shall be police

stations which shall include within their respective, limits the areas specified

against each in column (2) of the said schedule for the purpose of the

offences contained in Schedule-II below with effect from the date of

publication of this notification in the Orissa Gazette.

SCHEDULE -I

Name of the Office Jurisdiction

1. Office of the S.P., Vigilance, Cuttack

Revenue Districts of Cuttack, Jagatsinghpur, Jajpur, Kendrapara, Dhenkanal and Angul

2. Office of the S.P., Vigilance, Bhuabaneswar

Revenue Districts of Puri, Khurda and Nayagarh

3. Office of the S.P., Vigilance, Balasore

Revenue Districts of Balasore,Bhadrak, Mayurbhanj & Keonjhar

4. Office of the S.P., Vigilance, Sambalpur

Revenue Districts of Sambalpur, Bolangir, Jharsuguda, Baragarh, Sonepur, Deogarh and Sundergarh

5. Office of the S.P., Vigilance, Berhampur

Revenue Districts of Ganjam,Gajapati, Kandhamal, Boudh

6. Office of the S.P., Vigilance, Koraput Divn., Jeypore

Revenue Districts of Koraput, Rayagada, Nawaranghpur, Malkangiri, Kalahandi & Nuapada.

46

SCHEDULE -II

a) Offences punishable under sections 161, 162,163,164,165 & 165-A of the Indian Penal Code, 1860 (Act XLV of 1860).

b) Offences punishable under the Prevention of Corruption Act, 1988(49 of 1988).

c) Offences relating to :-

(i) evasion of taxes and different control orders,

(ii) transit and possession of Forest Products enumerated in Section 45

and 46 of the Orissa Forest Act, 1972( Orissa Act 14 of 1972) read

with section 56 of the said Act ,

(iii) the Orissa Timber and other Forest products transit rules 1980,

(iv) the Essential Commodities Act, 1955 ( 10 of 1955),

(v) the Prevention of Food Adulteration Act, 1954 (37 of 1954),

(vi) the Standard of Weights and Measures (Enforcement) Act, 1950 (26 of 1950)

(vii) the Drugs (Control) Act, 1950 ( 26 of 1950)

(viii) the Motor Vehicles Act, 1988 ( 59 of 1988) and

(ix) all organized offences under the aforesaid acts and rules effecting

the pecuniary interest of the State.

d) Offences under section 409,419 and 420 and chapter –XVIII of the Indian

Penal Code,1860 committed by public servants as defined in the said code

and in the Prevention of Corruption Act, 1988.

e) Attempts, abetments and conspiracies in respect of offences mentioned in

items (a), (b) (c ) & (d) above by whomsoever committed.

f) Any other particular offence or class of offences that may be specified by

the State Government from time to time.

By order of Governor Sd/- Santosh Kumar Principal Secretary to Government Memo No. 31048/D & A . dated. Bhubaneswar the 7.8.2004

Copy forwarded to the Special Secretary to Government, General Administration (Vigilance) Department, Orissa, Cuttack/DG & IG of Police, Orissa, Cuttack/All DIG of Police/Supdt. of Police, Vigilance Cuttack/ Bhubaneswar/ Balasore/ Sambalpur/ Berhampur/ Koraput Division, Jeypore for information and necessary action.

Sd/- Deputy Secretary to Government

47

APPENDIX – 8

Extracts from Judgement (AIR 1959 Orissa 152). “”xx xx xx But a secret investigation by the CID specially of the

Anti-corruption Branch, stands on an entirely different footing. That

investigation by its nature is very confidential and is meant primarily for the

purpose of finding out whether there is really a prima-facie case for initiating a

regular departmental enquiry against the public servant concerned. The

authorities are entitled to claim privilege for statements made by witnesses in

the course of such secret CID investigation because, if such statements are

disclosed it may virtually become impossible to collect any information

whatsoever. On this question the opinion of the investigating authority should

ordinarily be taken as final. Even in regular criminal case started against an

accused on the basis of secret CID investigations, he would not be entitled to

get copies of statements made by witnesses during such investigations in as

much as those investigations are not made under any of the provisions of the

Criminal Procedure Code and hence Sec.162 of that Code would be of no

help.

xxx xxx xxx

The rules of natural justice do not require that copies of the

statements made by witnesses during an investigation by the CID preceding a

departmental enquiry against a delinquent Government servant, should be

given to that servant with a view to facilitate the cross-examination of those

witnesses.”.

xxx xxx xxx

48

APPENDIX - 9

Form No. I Sample Sanction Order

Whereas , it was alleged in ------- Vigilance P.S. Case No. ---- dated -

---- that Shri ----------- ( name and designation of the offender), while functioning as

(here enter the post held by the offender at the time of offence) on or about ---------

(date of offence) --------------------(description of the acts constituting offence and also

the place of occurrence ).

And whereas the said acts constitute an offence/offences punishable

U/s ---------- of the IPC/Section 13(2) r/w 13(1)(d) /7 P.C. Act, 1988. As such on the

written report of Shri-------------(name of the complainant), ------- Vigilance P.S. Case

No. ----dated-------------- was registered and investigated into.

And whereas, the said act on the part of Shri -----------

( offender)constitute an offence U/s -----------------P.C. Act, 1988 which warrants his

trial in the court of law.

And whereas, I Shri ----------------( enter the name and designation of

the sanctioning authority), being the authority competent to remove the said Sri -------

-( name of the offender) from his office , after carefully examining the case records

and after due discussion with the Investigating Officer and on proper application of

mind have come to the opinion that Sri ----------( offender) had committed an offence

punishable U/s 13(2) --------------- P.C.Act, 1988 and as such he should be

prosecuted in the court of law for the said offences.

Now, therefore I Sri ----------------- do hereby accord sanction as

required U/s 19(1) ( c) of P.C. Act, 1988 for prosecution of Sri -------------(offender) for

the said offence and other offences punishable under the provisions of law in respect

of the acts aforesaid and for taking cognizance of the said offence by a court of

competent jurisdiction .

Signature & Designation of the Disciplinary Authority Official Seal

49

Form No. 2 Sample Sanction Order

Whereas , it is alleged in ------ Vigilance P.S. Case No. ---- dated -----

that Shri ----------- ( name and designation of the offender), is found to be in

possession of assets disproportionate to his known sources of income during the

check period from --------------------to ---------------, which he could not satisfactorily

account for.

And whereas the said acts of Sri --------(offender) constitute an offence

under section 13(2) r/w 13(1)(e) P.C. Act, 1988.

And whereas, the Government of Orissa , after carefully examining the

case records and after due discussion of the case with the Investigating Officer and

on proper application of mind have come to the opinion that Sri ----------( offender)

had committed an offence punishable U/s 13(2) r/w 13(1)(e) P.C.Act, 1988 and as

such he should be prosecuted in the court of law for the said offences.

Now, therefore the Government of Orissa, do hereby accord sanction

as required U/s 19(1) ( b) of P.C.Act, 1988 for prosecution of Sri -------------(offender)

for the said offence and other offences punishable under the provisions of law in

respect of the acts aforesaid and for taking cognizance of the said offence by a court

of competent jurisdiction .

By order of the Governor Signature of the Sanctioning Authority

50

APPENDIX – 10

STATEMENT NO.I 1. Statement of Immovable property possessed by the undersigned & his

dependents either in their own names or in the names of others as on ------

Details of Property (Full address to be

furnished)

Held in whose name

Date of acquisition Mode of acquisition (whether acquired

by purchase of inheritance or gift, lease or any other

means) 1 2 3 4

2. House of shop or other building 3. Land or Plot or land 4. Other type of immovable property ______________________________________________________________ Name & address of person from whom acquired

Price paid for the property or if

acquired otherwise than by

purchase, mortgage on

lease, value at the time of acquisition

Source from which payment

was made for the property & mode of payment (give cheque/DD No., date, name of

Bank & Branch)

Particulars of sanction obtained

or intimation given to

competent authority in respect of acquisition

5 6 7 8 Signature Date Full Name Designation Address NOTE : Details of property held by a Joint Hindu family or Hindu Undivided Family or any other property which is jointly owned in which the official or his dependent have a share should also be furnished.

51

STATEMENT NO.II 1. Statement of Immovable property possessed by the undersigned & his

dependents either in their own names or in the names of others and disposed

of between …………….. and …………. …………(The IO has to give

commencement date and last date of the period of check)

Details of Property

disposed of (Full address

to be furnished)

Held in whose name

Date of disposal or sale

Sale price or value at the

time of disposal if otherwise

disposed of and mode of

receipt or payment

How was sale price

utilised or

invested

Name & address of the person to

whom the property was

sold or otherwise disposed of

1 2 3 4 5 6 2. House of shop or other building 3. Land or Plot of land 4. Other type of immovable property ______________________________________________________________

Particulars sanction

obtained or intimation given to

competent authority in respect of disposal

Date of acquisition

Mode of acquisition

Price, if acquired by purchase if acquired otherwise

value at the time of

acquisition

Name and

address of the

person whom

acquired

Particulars of sanction

obtained or intimation given

to competent authority in respect of

acquisition.

7 8 9 10 11 12 Signature Date Full Name Designation Address NOTE : Details of disposal of property held by a joint Hindu family or HUF or any other property which was jointly owned in which the official or his dependent had a share should also be furnished.

52

STATEMENT NO.III Statement of movable property possessed by the undersigned & his dependents either in their own names or in the names of others as on…………(Here IO has to give the last date of the period of check) Details of Property

Held in whose

name Date of acquisition Mode of acquisition

(whether acquired by purchase of

inheritance or gift, lease or any other

means) 1 2 3 4

1.. Ornaments & Jewellary Full list including loose Pieces of gold, silver & precious Stones & any other articles Made therewith) 2.. All means of conveyance (Car, Scooter, Motor Cycle Moped etc.) ______________________________________________________________ Name & address of person from whom

acquired

Price paid or if acquired otherwise than by purchase,

its value at the time of acquisition

Source from which payment was made for the

property & mode of payment

Particulars of sanction obtained or intimation given

to competent authority in respect

of acquisition 5 6 7 8

3. Furniture 4. Carpet 5. Radio, TV, VCR, Tape Recorder Type Writer, Personal Computer etc. 6. Air-Conditioner Room/Desert Cooler, Room Heater etc. 7. Electrical gadgets such as geyser, Washing Machine, Refrigerator,

Freezer, Oven, Micro Oven Mixie, other kitchen gadgets etc. 8. Projector, camera, slide projector and other valuable articles 9. Watches, pens, paintings and other valuable articles. 10. Crockery, cutler & other utensils. 11. Clothing & other personal articles 12. Sewing Machine 13. Fire arms 14. Animals. 15. Other articles.

53

STATEMENT NO.IV Statement of movable property possessed by the undersigned & his

dependents either in their own names or in the names of others and disposed

of between …………….. and …………. …………(The IO has to give

commencement date and last date of the period of check)

Details of Property

disposed of (Full address

to be furnished)

Held in whose name

Date of disposal or sale

Sale price or value at the

time of disposal if otherwise

disposed of and mode of receipt

of price

How was sale price

utilised

Name & address of the person to

whom the property was

sold or otherwise disposed of

1 2 3 4 5 6 1. Ornaments & Jewellery Full list including loose Pieces of gold, silver & precious Stones & any other articles Made therewith) 2. All means of conveyance (Car, Scooter, Motor Cycle Moped etc.) ______________________________________________________________

Particulars sanction

obtained or intimation given to

competent authority in respect of disposal

Date & mode of

acquisition

Mode of acquisition

Price, if acquired by purchase if acquired otherwise

value at the time of

acquisition

Name and

address of the

person whom

acquired

Particulars of sanction

obtained or intimation given

to competent authority in respect of

acquisition.

7 8 9 10 11 12 3. Furniture 4. Carpet 5. Radio, TV, VCR, Tape Recorder Type Writer, Personal Computer etc. 6. Air-Conditioner Room/Desert Cooler, Room Heater etc. 7. Electrical gadgets such as geyser, Washing Machine, Refrigerator,

Freezer, Oven, Micro Oven Mixie, other kitchen gadgets etc. 8. Projector, camera, slide projector and other valuable articles. 9. Watches, pens, paintings and other valuable articles. 10. Crockery, cutler & other utensils. 11. Clothing & other personal articles 12. Sewing Machine 13. Fire arms 14. Animals. 15. Other articles.

54

STATEMENT NO.V Statement of financial investments and cash possessed by the undersigned &

his dependents either in their own names or in the names of others as

on…………(Here IO has to give the last date of the period of check)

Details of investment

Held in whose name

Date of investment or purchase

Amount invested

1 2 3 4 1. Savings A/c. No. 2. Current A/c. No. 3. Fixed Deposit No. 4. Cumulative/Recurring Deposit No. 5. Other Bank Deposit No. 6. P.O. Savings A/c. No. 7. P.O. Fixed Deposit No. 8. P.O. Cumulative Deposit No. ______________________________________________________________ Present value Name & address of

Banker or other organisation or

person with whom invested or from whom purchased

Source from which payment was made &

mode of payment (give cheque/DD No., date,

name of Bank & Branch)

Particulars of sanction obtained or intimation given

to competent authority in respect

of acquisition 5 6 7 8

9. P.O. Recurring Deposit No. 10. N.S.Cs. 11. Kisan Vikas Patras 12. Indira Vikas Patras 13. Government Securities 14. Bearer Bonds 15. Loans advanced 16. Deposits with Companies & Firms 17. Shares 18. Debentures 19. Life Insurance, Jeevan Dhara, Jeeban Akshya etc. Policies of LIC 20. Units, Mater Shares, Mutual Funds, Magnums etc. 21. P.P.F. 22. Deposits/payments for plots and flats which are not yet allotted.

NOTE : If allotted, they should be included in Statement – I and not in this statement.

23. Cash on hand. 24. Any other investment, deposits, credit balance etc. Signature Date Full Name Designation Address

55

STATEMENT NO. VI

Statement of financial investments possessed by the undersigned & his dependents either in their own names or in the names of others and disposed of which matured or payment was received between …………….. and …………. …………(The IO has to give commencement date and last date of the period of check)

Details of investment

Held in whose name

Date on which

payment received

Face value

Amount received

Name of Bank or other organisation or person from whom payment received.

1 2 3 4 5 6 1. Savings A/c. No. 2. Current A/c. No. 3. Fixed Deposit No. 4. Cumulative/Recurring Deposit No. 5. Other Bank Deposit No. 6. P.O. Savings A/c. No. 7. P.O. Fixed Deposit No. 8. P.O. Cumulative Deposit No. Particulars

of the Cheques/ DD etc. by

which payment received

Particulars of sanction obtained or intimation given

to competent authority in respect of disposal and or receipt of payment

Date of acquisition of the investme

nt or other

property

Value at the time of

acquisition

Name of Bank or other

organisation or person with

whom invested or from whom

purchased.

Particulars of sanction obtained or intimation given

to competent authority in respect

of acquisition.

7 8 9 10 11 12 9. P.O. Recurring Deposit No. 10. N.S.Cs. 11. Kisan Vikas Patras 12. Indira Vikas Patras 13. Government Securities 14. Bearer Bonds 15. Loans advanced 16. Deposits with Companies & Firms 17. Shares 18. Debentures 19. Life Insurance, Jeevan Dhara, Jeeban Akshya etc. Policies of LIC 20. Units, Mater Shares, Mutual Funds, Magnums etc 21. P.P.F. 22. Repayment or refund of any other investment or deposit. Signature Date

Full Name Designation Address

56

APPENDIX – 11 (i)(a)

CASE NO: Appeal (crl.) 770 of 2001 PETITIONER: K.C. SAREEN

Vs. RESPONDENT: C.B.I., CHANDIGARH

DATE OF JUDGEMENT: 02/08/2001

BENCH: K.T. Thomas & S.N. Variava

JUDGEMENT:

Criminal P.C. (2 of 1974) S. 389- Constitution of India, Art. 311(2)-Prevention of Corruption Act (49 of 1988). S. 13(2)- Public servant (Bank officer) convicted on a corruption charge- Is not entitled to hold public office- Suspension of order of conviction during pendency of appeal or revision – Not permissible. When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. If such a public servant becomes entitled to hold public office and to continue to do official acts until he is judicially absolved from such findings by reason of suspension of the order of conviction it is public servant which suffers and sometimes even irreparably. (Para -11) When a public servant who is convicted of corruption is allowed to continue to hold public office it would impair the morale of the other persons manning such office, and consequently that would erode the already shrunk confidence of the people in such public institutions besides demoralizing the other honest public servants who would either be the colleagues or subordinates of the convicted person. If honest public servants are compelled to take orders from proclaimed corrupt officers on account of the suspension of the conviction the fall out would be one of shaking the system itself. Hence it is necessary that the court should not aid the public servant who stands convicted for corruption charges to hold any public office until he is exonerated after conducting a judicial adjudication at the appellate or revisional level. It is a different matter if a corrupt public officer could continue to hold such public office even without the help of a court order suspending the conviction. ( Para -11)

57

Though power to suspend an order of conviction is not alien to S. 389 (1) of Code, its exercise should be limited to very exceptional circumstances. The court has a duty to look at all aspects including ramifications of keeping such conviction in abeyance. Therefore, when conviction is on a corruption charge against a public servant the appellate court or the revisional court should not suspend the order of conviction during the pendency of the appeal against conviction even if the sentence of imprisonment is suspended. It would be a sublime public policy that the convicted public servant is kept under disability of the conviction in spite of keeping the sentence of imprisonment in abeyance till the disposal of the appeal or revision. ( para -10) THOMAS, J. Leave granted.

The appeal of a public servant convicted and sentenced for corruption charges is pending in the High Court. The sentence has been suspended by the High Court during the pendency of the appeal. The public servant wants his conviction also to be suspended in order to avert the other fall out of the conviction. But the High Court declined to oblige him though he moved the High Court twice for the said purpose. This appeal by special leave is in challenge of the order dated 7.2.2001 passed by the single Judge, by which the second petition to suspend the conviction was dismissed.

Appellant was an officer of the Punjab National Bank. When he was posted at the Mewa Mandi (Amritsar) branch of the bank he was put in charge of the current account. During the said period he got himself involved in a prosecution along with some of his co-employees of the same bank for defrauding the bank to the tune of about Rs.2 lakhs. The Central Bureau of Investigation inquired into the matter. After completing the investigation a charge-sheet was laid against the appellant and his other co-employees, for offences under Section 13(2) of the Prevention of Corruption Act, 1988 (for short PC Act) and Section 120, 201 and 420 of IPC. A Special Judge at Patiala conducted the trial for such offences and at the end found the appellant and some of the co-accused guilty for different counts of offences. For the purpose of this appeal we need mention about the sentence of only one count. He was sentenced to R.I. for one year and to pay a fine of Rs.500/- for the offence under Section 13(2) of the PC Act. It is against the said conviction and sentence that he preferred the appeal before the High Court of Punjab and Haryana. The High Court admitted the appeal and as mentioned earlier suspended the sentence passed on him.

After the judgment was pronounced by the trial court disciplinary

proceedings were initiated against the appellant and on the strength of the conviction mentioned above the authorities of the bank dismissed him from service. Appellant then moved the High Court to have the conviction also suspended. That motion was dismissed by a single Judge of the High Court on 1.8.2000, stating thus:

58

After giving due consideration to the rival submissions of the learned counsel for the parties, I am of the view that the relief prayed for cannot be allowed in this case. No doubt, the court has powers to stay the operation of conviction under Section 389(1) Cr.P.C. in view of the facts and the circumstances of the case. But in the instant case, it has come on record that the applicant-appellants are already out of service. In case, they are ultimately acquitted, the damage, if any, caused to them with regard to their service or other retrial benefits can well be revived and made good to them. Keeping in view all the facts and the circumstances of the case, I do not consider it a fit case so as to invoke the powers under Section 389(1) Cr.P.C. to stay the operation of the impugned order of conviction during the pendency of this appeal. Consequently, this Crl. Misc. is dismissed.

Undeterred by the said order the appellant once again moved the High Court for the same purpose, at a later stage, by supplying certain additional facts to the High Court for fresh consideration of his plea for suspending the conviction. One of the causes spearheaded by him before the High Court was the order of dismissal passed by the bank authorities against him on the premise of the conviction. Another ground highlighted by him was that his appeal in the High Court was not likely to be boarded for hearing without the lapse of 10 years and that itself would defeat the ends of justice. Alternatively he made a bid to show that the conviction was based on very slender reasoning and hence he has a fair chance of getting acquitted in appeal.

Learned single Judge of the High Court who dealt with the aforesaid second petition dismissed the same by observing that after perusing the record no ground is seen made out for suspending the order of conviction passed against the appellant.

Shri Vikram Chaudhary, learned counsel for the appellant repeated before us those grounds and further submitted that as a trial can logically reach its final end only when the appellate court decides the matter the conviction passed by the trial court cannot be treated as having become absolute. He made an endeavour to draw support for the said proposition from the following observations made by this Court in Smt. Akhtari Bi vs. State of M.P. {2001 (4) SCC 355}:

Appeal being a statutory right, the trial courts verdict does not attain finality during pendency of the appeal and for that purpose his trial is deemed to be continuing despite conviction.

By the said observation this Court did not mean that the conviction and sentence passed by the trial court would remain in limbo automatically when they are challenged in appeal. The said observation was made in a different context altogether when notice of the executive government was drawn to the need to appoint requisite number of judges to cope up with the increased pressure on the existing judicial apparatus, and for highlighting the consequences of non-filling existing vacancies of judges in the High Courts. We are unable to appreciate how the said observation can be

59

culled out of the said context for the purpose of using it in a different context altogether such as this where the convicted accused is seeking to have an order of conviction suspended during the pendency of the appeal.

Section 389(1) of the Code of Criminal Procedure (for short the Code) deals with the powers of the appellate court regarding suspension of execution of the sentence or order appealed against during the pendency of the appeal. It must be remembered that the same powers are invokable by the revisional court also during the pendency of the revision, (vide Section 401 of the Code). That is obviously not a reason for holding that the trial of the case could reach its culmination only when the revisional proceedings end.

A three Judge Bench of this Court have elaborately considered the scope and ambit of the powers of the appellate court envisaged in Section 389 of the Code. Vide Rama Narang vs. Ramesh Naraang & ors. {1995 (2) SCC 513}. Ahmadi, CJ, who authored the judgment for the Bench said that what can be suspended under Section 389(1) of the Code is the execution of the sentence or execution of the order and obviously the order referred to in the sub-section must be an order which is capable of execution.

Learned Chief Justice then observed thus:

An order of conviction by itself is not capable of execution under

the Code. It is the order of sentence or an order awarding compensation or imposing fine or release on probation which are capable of execution and which, if not suspended, would be required to be executed by the authorities. Since the order of conviction does not on the mere filing of an appeal disappear it is difficult to accept the submission that Section 267 of the Companies Act must be read to apply only to a final order of conviction. Such an interpretation may defeat the very object and purpose for which it came to be enacted.

Nevertheless, the three Judge bench further stated that in certain situation the order of conviction can be executable and in such a case the power under Section 389(1) of the Code could be invoked.

The ratio of the judgement can be traced out in the said

paragraph which is extracted below: In certain situations the order of conviction can be executable, in

the sense it may incur a disqualification as in the instant case. In such a case the power under Section 389(1) of the Code could be invoked. In such situations the attention of the appellate court must be specifically invited to the consequences which are likely to fall to enable it to apply its mind to the issue since under Section 389(1) it is under an obligation to support its order for reasons to be recorded by it in writing. If the attention of the Court is not invited to this specific consequence which is likely to fall upon conviction how can it be expected to assign reasons relevant thereto? No one can be allowed to play hide and seek with the Court; he cannot suppress the precise

60

purpose for which he seeks suspension of the conviction and obtain a general order of stay and then contend that the disqualification has ceased to operate.

The legal position, therefore, is this:

Though the power to suspend an order of conviction, apart from the order of sentence, is not alien to Section 389(1) of the Code, its exercise should be limited to very exceptional cases. Merely because the convicted person files an appeal in challenge of the conviction the court should not suspend the operation of the order of conviction. The court has a duty to look at all aspects including the ramifications of keeping such conviction in abeyance. It is in the light of the above legal position that we have to examine the question as to what should be the position when a public servant is convicted of an offence under the PC Act. No doubt when the appellate court admits the appeal filed in challenge of the conviction and sentence for the offence under the PC Act, the superior court should normally suspend the sentence of imprisonment until disposal of the appeal, because refusal thereof would render the very appeal otiose unless such appeal could be heard soon after the filing of the appeal. But suspension of conviction of the offence under the PC Act, de hors the sentence of imprisonment as a sequel thereto, is a different matter.

Corruption by public servants has now reached a monstrous dimension in India. Its tentacles have started grappling even the institutions created for the protection of the republic. Unless those tentacles are intercepted and impeded from gripping the normal and orderly functioning of the public offices, through strong legislative, executive as well as judicial exercises the corrupt public servants could even paralyse the functioning of such institutions and thereby hinder the democratic polity. Proliferation of corrupt public servants could garner momentum to cripple the social order if such men are allowed to continue to manage and operate public institutions. When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior court. The mere fact that an appellate or revisional forum has decided to entertain his challenge and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings. If such a public servant becomes entitled to hold public office and to continue to do official acts until he is judicially absolved from such findings by reason of suspension of the order of conviction it is public interest which suffers and sometimes even irreparably. When a public servant who is convicted of corruption is allowed to continue to hold public office it would impair the morale of the other persons manning such office, and consequently that would erode the already shrunk confidence of the people in such public institutions besides demoralizing the other honest public servants who would either be the colleagues or subordinates of the convicted person. If honest public servants are compelled to take orders from proclaimed corrupt officers on account of the suspension of the conviction the fall out would be one of shaking the system itself. Hence it is necessary that the court should not aid the public servant who stands convicted for corruption charges to hold only

61

public office until he is exonerated after conducting a judicial adjudication at the appellate or revisional level. It is a different matter if a corrupt public officer could continue to hold such public office even without the help of a court order suspending the conviction. The above policy can be acknowledged as necessary for the efficacy and proper functioning of public offices. If so, the legal position can be laid down that when conviction is on a corruption charge against a public servant the appellate court or the revisional court should not suspend the order of conviction during the pendency of the appeal even if the sentence of imprisonment is suspended. It would be a sublime public policy that the convicted public servant is kept under disability of the conviction in spite of keeping the sentence of imprisonment in abeyance till the disposal of the appeal or revision. We are fortified in holding so by two other decisions of this Court. One is Deputy Director of Collegiate Education vs. S. Nagoor Meera {1995 (3) SCC 377}. The following observations of this Court are apposite now:

The more appropriate course in all such cases is to take action under clause (a) of the second proviso to Article 311(2) once a government servant is convicted of a criminal charge and not to wait for the appeal or revision, as the case may be. If, however, the government servant accused is acquitted on appeal or other proceeding, the order can always be revised and if the government servant is reinstated, he will be entitled to all the benefits to which he would have been entitled to, had he continued in service. The other course suggested, viz., to wait till the appeal, revision and other remedies are over, would not be advisable since it would mean continuing in service a person who has been convicted of a serious offence by a criminal court. The other decision is State of Tamil Nadu vs. A Jaganathan {1996 (5) SCC 329} which deals with the case of some public servants who were convicted, inter alia, of corruption charges. When the appeal, filed by such public servants, was dismissed the High Court entertained a revision and ordered suspension of the sentence as well as the order of conviction, in exercise of the powers under Section 389(1) of the Code, taking que from the ratio laid down in Rama Narang vs. Ramesh Narang (supra).But when the State moved this Court against the order of suspension of conviction a two Judge Bench of this Court interfered with it and set aside the order by remarking that in such cases the discretionary power to order suspension of conviction either under Section 389(1) or even under Section 482 of the Code should not have been exercised. We therefore dismiss this appeal. However, we wish to state that it is open to the appellant to move the High Court for early hearing. If the High Court is satisfied that the appellant has a reasonably good prospect of being exonerated or that there is any other special reason we hope that the High Court would board the appeal for hearing on an early date.

62

APPENDIX – 11 (i)(b)

CASE NO.: Appeal (Crl.) 1506-1507 of 2003 PETITIONER: State of Maharashtra Vs RESPONDENT: Gajanan & another

DATE OF JUDGEMENT: 18/12/2003

BENCH: N. Santosh Hegde & B.P. Singh.

JUDGEMENT:

SANTOSH HEGDE, J. Heard learned counsel for the parties. Leave granted. By the impugned judgement the High Court while entertaining a

criminal appeal against an order of conviction recorded by the Special Court

against the respondents herein for an offence under section 7 of the

Prevention of Corruption Act, (the Act) not only stayed the sentence imposed

by the trial court but also proceeded to stay the conviction which could

facilitate the respondent public servant to continue to hold the civil post in

spite of the conviction recorded against him. While doing so the High Court

rejected the objection of the State as also distinguished the judgement of this

Court in K.C. Sareen v. CBI, Chandigarh (2001 (6) SCC 584) on facts.

Having perused the impugned order as also the judgment of this

Court in K.C. Sareen (supra), we find the High Court had no room for

distinguishing the law laid down by this Court in K.C. Sareen's case (supra)

even on facts. This Court in the said case held :

"The legal position, therefore, is this: though the power to

suspend an order of conviction, apart from the order of sentence, is not alien

to Section 389(1) of the Code, its exercise should be limited to very

exceptional cases. Merely because the convicted person files an appeal in

63

challenge of the conviction the court should not suspend the operation of the

order of conviction. The court has a duty to look at all aspects including the

ramifications of keeping such conviction in abeyance. It is in the light of the

above legal position that we have to examine the question as to what should

be the position when a public servant is convicted of an offence under the PC

Act. No doubt when the appellate court admits the appeal filed in challenge of

the conviction and sentence for the offence under the PC Act, the superior

court should normally suspend the sentence of imprisonment until disposal of

the appeal, because refusal thereof would render the very appeal otiose

unless such appeal could be heard soon after the filing of the appeal. But

suspension of conviction of the offence under the PC Act, dehors the

sentence of imprisonment as a sequel thereto, is a different matter."

(emphasis supplied)

In the said judgement of K.C. Sareen (supra), this Court has

held that it is only in very exceptional cases that the court should exercise

such power of stay in matters arising out of the Act. The High Court has in the

impugned order nowhere pointed out what is the exceptional fact which in its

opinion required it to stay the conviction. The High Court also failed to note

the direction of this Court that it has a duty to look at all aspects including

ramification of keeping such conviction in abeyance. The High Court, in our

opinion, has not taken into consideration any of the above factors while

staying the conviction. It should also be noted that the view expressed by this

Court in K.C. Sareen's case (supra) was subsequently approved followed by

the judgement of this Court in Union of India v. Atar Singh & Anr. [JT 2001

(10) SC 212].

For the reasons stated above, these appeals succeed. The

impugned orders are set aside and the appeals are allowed.

64

APPENDIX – 11 (ii)

Article No. 311 of the Constitution of India Dismissal, removal or reduction in rank of persons employed in

civil capacities under the Union or a State- (1) No person who is a member of

a civil service of the Union or an all-India service or a civil service of a State or

holds a civil post under the Union or a State shall be dismissed or removed by

an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced

in rank except after an enquiry in which he has been informed of the charges

against him and given a reasonable opportunity of being heard in respect of

those charges.

Provided that where it is proposed after such enquiry to impose upon

him any such penalty such penalty may be imposed on the basis of the

evidence adduced during such enquiry and it shall not be necessary to give

such person any opportunity of making representation on the penalty

proposed.

Provided further that this clause shall not apply -1

(a) where a person is dismissed or removed or reduced in rank on the

ground of conduct which has led to his conviction on a criminal

charge : or

(b) where the authority empowered to dismiss or remove a person or to

reduce him in rank is satisfied that for some reason, to be recorded

by that authority in writing, it is not reasonably practicable to hold

such enquiry; or

(c) where the President or the Governor as the case may be, is

satisfied that in the interest of the security of the State it is not

expedient to hold such enquiry.

65

APPENDIX - 12 Government of Orissa

General Administration (Vigilance) Department, Cuttack.

*** R E S O L U T I O N

No. _2969____/VE Dated: 22.4.1998. Sub: Cash awards to Best Investigating Officers of Vigilance

Organsiation. The question of giving awards to Vigilance personnel in recognition of the Meritorious Service rendered by them was under consideration of Government. After careful consideration, the Governor has instituted a system of cash award to the Police personnel in Vigilance Department, as indicated below : - 2.There shall be 2 levels at which awards would be admissible, the Division level and the State level. The amount admissible to each awardee are indicated below : - (a) Divisional Level Awards. Amounts of Cash

Awards. (in Rs.)

The best D.S.P. / Inspector of each Vigilance Division (including Vigilance Cell).

: Rs. 2,000/-

(b) State Level Award.

The best D.S.P. / Inspector of Police, Vigilance of the State.

: Rs. 4,000/-

3. Eligibility for consideration : -

(a) D.S.P. / Inspector, in order to be eligible for award, should have rendered at least 1 year of service in the same rank and also, in Vigilance Department.

66

(b) An D.S.P. / Inspector, who has received a Divisional level award or State Level Award in any calendar year, shall not be considered for an award of the same level during the following 2 Calendar years. 4. Criteria of Selection: - Selection may be made, taking into consideration the following criteria, apart from the outstanding work done in any other field : (a) integrity (b) collection of intelligence (c) Detective ability (d) disposal (e) scrutiny and drafting (f) remarks in C.C. Rolls.

5. Selection Committees : - (a) Selection for the Divisional Level awards would be made for each Division by a Committee consisting of the following : 1. D.I.G. of Police in-charge of each Vigilance … Chairman Division / I.G. in-charge of Vigilance Cell. 2. Supdt. of Police of the Vigilance Division / … Member Senior most Addl. S.P. of Vigilance Cell. 3. Another Officer not below the rank of … Member Addl. S.P., to be nominated by the D.G. & I.G. of Police, Vigilance. (b) Selection for the State Level Award would be made by a Committee consisting of the following : 1. I.G. of Police, Vigilance. … Chairman 2. D.I.G. of Police, Vigilance (South) … Member 3. D.I.G. of Police, Vigilance (North) … Member 4. D.I.G. of Police, Vigilance (Administration)… Member secretary

6. The decisions of the Selection Committees shall be binding.

67

7. All the Selections, both for the Division level awards and the State Level Award for a calendar year shall be completed as far as possible, by the end of the month of January of the following year and the awards shall be given away on a day to be fixed by the Director, Vigilance.

8. Where a person selected for an award is subsequently

suspended or is proceeded against for any misconduct before getting the award, he should automatically be debarred from receipt of such award.

9. The Director, Vigilance who will be in overall charge of

implementation of the scheme of awards, may issue supplemental instructions, as and when required, to facilitate smooth and orderly implementation of the scheme.

O R D E R : Ordered that this resolution be published in the next issue of Orissa Gazette and copy forwarded to all Departments of Government / Special Secretary to General Administration (Vigilance) Department / D.G. & I.G. of Police and all other Heads of Departments / A.G., Orissa, Bhubaneswar / Deputy Accountant General, Orissa, Puri for information and necessary action.

BY ORDER OF THE GOVERNOR Sd/-

Special Secretary to Government.

68

Letter No. 223/V.Co (A) Dated 12.1.09

Sub:- Regarding cash awards to Vigilance Personnel in Annual

Conference. …

Decision has been made for select and reward for best

Investigating Officer for each Division and also for the State each year.

Best Inspector/DSP, Vigilance will be done strictly according to

guide lines contained in Vigilance Directorate Resolution No. 2969 dt. 22.4.98.

The Divisional Ss.P will submit information in the Proforma as below.

PROFORMA

Sl.

No.

Nam

e an

d de

sign

atio

n

Tota

l num

ber o

f AC

IRs

subm

itted

dur

ing

the

year

. (A

CIR

s o

n D

A b

e m

entio

ned

sepa

rate

ly)

Tota

l num

ber o

f AC

IRs

conv

erte

d to

file

enq

uirie

s du

ring

the

year

.

Tota

l num

ber A

CIR

s le

d to

Reg

istra

tion

of C

rimin

al c

ases

du

ring

the

year

.

Tota

l num

ber o

f Crim

inal

cas

es w

ith C

lass

con

tribu

ted

du

ring

the

year

.

Tota

l num

ber o

f Sec

ret e

nqui

ries

com

plet

ed d

urin

g th

e ye

ar.

Tota

l num

ber o

f file

enq

uirie

s co

mpl

eted

dur

ing

the

year

.

Tota

l num

ber o

f crim

inal

cas

es c

ompl

etel

y in

vest

igat

ed

durin

g th

e ye

ar.

(Cas

es s

ent

for s

anct

ion

in th

e ye

ar b

e m

entio

ned

sepa

rate

ly)

Tota

l num

ber o

f D.A

. cas

es c

ontri

bute

d du

ring

the

year

.

Tota

l num

ber o

f D.A

. cas

es c

ompl

etel

y in

vest

igat

ed d

urin

g th

e ye

ar.

Any

oth

er p

oint

S.P

may

like

to m

entio

n.

1 2 3 4 5 6 7 8 9 10 11 12

69

Letter No. 2069/V.Co (A) Dated 25.3.09

Sub:- Selection of Best Vigilance Unit.

…

Decision has been made to introduce awards to two best

Vigilance Units of the State w.e.f. the Calendar year 2009 onwards, according

to their performance. The best unit will be awarded with a shield and cash

prize and the second best unit will be awarded with a cup and cash prize.

During the consideration of the best Unit, number of

Investigating Officer posted to the unit will be taken into consideration.

Information will be submitted by Divisional Ss.P as proforma below.

PROFORMA Name of the Unit and Division _________________Staff Strength : D.SP. – Inspector –

Total No. of ACIRs submitted by the

Unit Office.

Total Crl. Cases contributed by Unit office.

DA

Oth

er (h

eadw

ise)

i.e

. C

orru

ptio

n Sa

les

tax,

Fo

rest

& o

ther

s.

Act

ion

on A

CIR

DA

with

am

ount

of D

.A. i

n in

divi

dual

cas

es.

Trap

with

am

ount

of t

rap

mon

ey e

ach

case

.

Oth

er

Tota

l

Aga

inst

Cla

ss-I

offic

er

Aga

inst

Cla

ss-II

offi

cer

Dis

posa

l of D

.A. c

ases

Dis

posa

l of C

rimin

al c

ases

Dis

posa

l of f

iles

with

resu

lts.

Dis

posa

l of I

.Rs.

with

resu

lts.

Act

ual n

o. o

f war

rant

s ex

ecut

ed (n

ot

retu

rned

oth

erw

ise)

Act

ual n

o. o

f sum

mon

s se

rved

(not

re

turn

ed o

ther

wis

e)

Any

oth

er g

ood

wor

k do

ne

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

70

Letter No. 1418/V.Co (A) Dated 26.2.09 Sub:- Performance of PPs/Spl.PPs/Addl. PPs/APP.

… Decision has been made to introduce awards for best PPs/Spl.PPs for State Vigilance. Divisional Ss.P will submit information in the proforma as below.

PROFORMA

Cases disposed off in his court in the year

Conviction Acquittal

Name of the

Division

Name of the PP/ Spl. PP/ Addl. Spl.PP/

APP

No. of witnesses examined in his court

Performance report in gist

(to be submitted by

S.P)

SP’s comments on his legal

knowledge, viz P.C. Act, Crl.

Law Amendment,

Ordinance, IPC,Cr.PC,

Evidence Act & Principles

settled by the Hon’ble High

Court and Apex court.

1 2 3 4 5 6 7

Letter No. 1420/V.Co (A) Dated 26.2.09 Sub:- Performance of Desk Officers working under your Division

office. …

Decision has been made to introduce award for best Desk Officers of each Vigilance Division .The Ss.P are to submit information in the proforma as below.

PROFORMA

Name of the

Division

Name of the officer

Performance during the year 2008 Disposal of

cases/ files/ IRs/ petition

Attachment proceeding and follow up action

Promptness of disposal

SP’s comments

1 2 3 4 5 6

71

LIST OF IMPORTANT INSTRUCTIONS/ ORDERS.

Sl. No.

Brief Description Page

1. GA (Vig.) Department Letter No. 7613/AIS -11 dt. 15.9.84 – Furnishing copies of enquiry reports in Disciplinary cases to Vigilance Department.

73

2. Home Department Notification No. 63474/HC dt. 19.11.86 – Jurisdiction of Vigilance Police Stations.

74

3. GA (Vig.) Department Office Order No. 1122/Vig dt. 1.10.93 – Reconstitution of Cell (Amalgamation of Special Cell – Special Squads and Cell).

76

4. Letter No. 22937 dt. 28.8.1997 from the Chief Secretary, Orissa – Expeditious disposal of references made by the Vigilance Department for sanction of prosecution and taking Departmental action.

78

5. GA (Vigilance) Department Notification No. Estt.-2/2002/985/VE dt.6.2.2002 – Function of Special Unit at Bhubaneswar.

80

6. GA (Vig.) Department Resolution No. 888/VL dt. 7.2.2004 – Creation of Koraput Vigilance Division.

82

7. Home Department Notification No. 31045/D & A -49/04 dt.7.8.2004 – Jurisdiction of Vigilance Police Station.

84

8. GA (Vig.) Department Letter No. 6322/VE dt. 31.8.2007 – Creation of 8 Vigilance Unit Offices.

86

9. GA (Vigilance) Department Letter No. 6227/VE dt. 31.7.2008 – Creation of 7 Vigilance Unit Office.

88

10. Home (Special Section ) Department Notification No. 2326/C-MC (R)-01/2008 (Pt) dt. 14.5.2008 – Opening of Special Court, at Cuttack.

90

11. Home (Special Section) Deptt. Notification No. 2332/C-MC (R)-01/2008 (Pt) dt. 14.5.2008 – Opening of Special Court at Bhubaneswar.

91

12. Vigilance Directorate letter No. 6479/VG dt. 5.8.2008 - Maintenance of Registers in Unit offices

92

72

Sl. No.

Brief Description Page

13. GA (Vigilance) Department Office Order No. 2879/VE dt. 8.12.2008 – Posting of P.I. at Special Court, Cuttack.

93

14. P & S Department Order No. 6634-General dt. 27.5.1961 Vig. Enquiry report should be treated as adequate.

94

15. P & S Department Memo No. 298-AT dated 28.8.1962-Departmental Proceedings criminal prosecution based on same set of facts can be continued simultaneously.

95

16. P & S Department Order No. 2612-2R-1-8/63 .Gen dated 20.2.1963 Departmental charges are to be framed on the reports of the Vigilance Branch without fresh enquiry.

96

17. P & S ( Administrative Tribunal)Department Letter No. 51-AT dated 25.2.63-whether departmental proceedings and criminal prosecution based on same set of facts can be continued simultaneously

97

18. P & S Department (Vigilance Branch ) Letter No. 703(120)-B dated 30.5.1963-When the Vigilance has taken up an enquiry, the Departmental enquiry, if any, may be kept in abeyance.

98

19. P & S Department (Vigilance Branch ) Letter No. 3224/VL dated 6.10.1967- Departmental Procedure for reference of allegations to Vigilance.

99

20. General Administration Department Letter No. 3M-47/93-19247/Gen dated 7.9.1993- Initiation of Disciplinary proceedings /Departmental Action on Vigilance Reports.

100

21. Letter No. 587/Vig. Coord (A) dt. 31.1.08 regarding submission of Daily Situation Report by Divisions-Proforma

102

22. Letter No. 136/Vig. Con ( C) dt. 11.6.08 regarding submission of Daily Situation Report by Units and Squads- Proforma

104

73

GOVERNMENT OF ORISSA GENERAL ADMINISTRATION DEPARTMENT

***

No.7613/AIS-II The 15th September, 1984.

To All Departments of Government. Sub: Furnishing copies of enquiry Reports in Disciplinary cases

to Vigilance Department. A question has arisen whether copies of the reports of inquiring

authorities in disciplinary proceedings should be furnished to the Vigilance

Department in cases which are investigated and marshaled by them. It is felt

that it would be desirable to furnish copies to the Vigilance Department in such

cases, as it will enable them to improve the standard of investigation and

presentation by taking note of the loopholes, due to which the charges are not

substantiated during enquiry and to keep proper track of the trends of

corruption which is essential for preventive Vigilance.

Sd/- C. Narayanaswamy Special Secretary to Government.

74

GOVERNMENT OF ORISSA HOME DEPARTMENT

…

NOTIFICATION Bhubaneswar , the 19th Nov.1986

No. Ref./2-2/86. 63474/HC ,. In exercise of the powers conferred by clause (s)

of section 2 of the code of criminal procedure, 1973 ( Act 2 of 1974) and in

super session of the Notification of Govt. of Orissa in Home Deptt. No.

19872/Ref. dated the 13the August, 1962 and the Notification of the Govt. of

Orissa in General Administration (Vigilance ) Department No. F.

20/81/4174/Vig. dated the 23rd Aug. 1983, the State Govt. do hereby declare

that the offices mentioned in column (1) of the schedule No.1 shall be police

stations and shall include within their limits the areas specified against each of

them in column (2) of the said schedule for the purposes of the offences

mentioned in the Schedule-II below.

This Notification, shall come into force with effect from the date of its

issue.

SCHEDULE -1

Name of the Office Jurisdiction

1. Office of the S.P., Vigilance, Cuttack The Districts of Cuttack & Puri

2. Office of the S.P., Vigilance, Balasore The Districts of Balasore, Mayurbhanj & Keonjhar

3. Office of the S.P., Vigilance, Sambalpur

The Districts of Sambalpur, Bolangir, Sundergarh & Dhenkanal

4. Office of the S.P.,Vigilance, Berhampur

The Districts of Ganjam, Phulbani, Koraput & Kalahandi

SCHEDULE -1I

a) Offences punishable under sections 161, 162,163,164,165 & 165-A of

the Indian Penal Code, 1860 ( Act XLV of 1860).

b) Offences punishable under the Prevention of Corruption Act, 1947 (Act-

II of 1947).

75

c) Offences relating to evasion of taxes and different control orders,

offences relating to transit and possession of Forest Produces

enumerated in Section 45 and 46 of the Orissa Forest Act, 1972 read

with section 56 of the said Act and the Orissa Timber and other Forest

produce transit rules 1980 and all organized offences effecting the

pecuniary interest of the State.

d) Attempts, abetment and conspiracies in respect of offences mentioned

in items (a), (b) and (c) above, by whomsoever committed;

e) Offences under section 409 and 420 and chapter –XVIII of the Indian

Penal Code, when they are committed, attempted or abetted by public

servants or the employees of a local authority or a statutory corporation,

when such offences adversely affect the interests of the State Govt. or

the local authority or the statutory corporation, as the case may be, if so

ordered by the State Govt. in individual cases, and

f) Any other particular offence or class of offences that may be specified

by the State Govt. from time to time.

By order of Governor

Sd/- R.N.Das

Secretary to Government

Memo No. 63475/HC dt. Bhubaneswar the 19th Nov, 1986. Copy forwarded to the Director of Printing, Stationary and Publications, Orissa, Cuttack for publication in the next issue of the Orissa, Gazette. One hundred copies of the gazette notification may be sent to this Department. Sd/- Deputy Secretary to Government Memo No. 63476(60)/HC dt. Bhubaneswar the 19th Nov, 1986. Copy forwarded to all Departments of Govt. /All Revenue Divisional Commissioners/All Collectors for information. Sd/- Deputy Secretary to Government Memo No. 63477(16)/HC dt. Bhubaneswar the 19th Nov, 1986. Copy forwarded to the Director General & Inspector General of Police, Orissa, Cuttack/Director of General of Police, Fire Services, Cuttack /All Deputy Inspectors General of Police/Superintendents of Police, Vigilance, Cuttack, Balasore, Sambalpur and Berhampur for information. Sd/- Deputy Secretary to Government

76

OFFICE OF THE DIRECTOR-CUM-ADDL.DG & IG OF POLICE, VIGILANCE, ORISSA;CUTTACK

… OFFICE ORDER No. 1122/Vig. Dated 1st. Oct. 1993

Sub:- Reconstitution of Cell (Amalgamation of Special Cell- Special Squads and Cell ).

…

The Vigilance Intelligence Cell consisting of 7 specified zones had been given some additional responsibility including some sensitive assignments during the year 1977. In the year 1990, 6 Special Squads were formed in Vigilance and kept under the control of a DIG of Police assisted by an Addl. S.P. and other supporting staff to perform special enquiries and investigations into DA cases against public servants in high places and political executives. These Special Squads were merged with the Special Cell and came to be known as Special Cell- Special Squads ( SC-SS ) Thus, since 1990 the Vigilance Cell and the SC-SS at the Vigilance Directorate are parallely dealing with important enquiries and investigations against the Political Executives as well as AIS/Class-I and equivalent officers as and when entrusted by the Director, Vigilance. In order to streamline the arrangement it is ordered that the SC-SS will be merged with the Vigilance Cell, which will function in the following manner. 1. The staffing pattern of the reconstituted Vigilance Cell will be as follows :- The ‘Cell’ at the Directorate level will function under the overall supervision of DIG (C), assisted by two Addl.Ss.P. One Addl. S.P. will be designated as Addl. S.P. (C) and the other as Addl. S.P. (D), and their duties will be as under : (a) Addl.S.P. (C) shall deal with all enquiries and investigations into allegations of corruption of sensitive nature (excepting those relating to possession of disproportionate assets), entrusted to the Vigilance Cell. He will be assisted by a DSP and 3 desk officer (one Inspector and two S.Is) to process/scrutinize report files and cases and to maintain records, registers and correspondence.

77

(b) Addl. S.P. (D) shall deal with all enquiries and investigations relating to allegations of disproportionate assets against high political executives, AIS officers/officers of Class-I and equivalent ranks as well as against any other category, entrusted to the Vigilance Cell. He will be assisted by a DSP and 4 desk officer ( two Inspectors and two S.Is) for scrutiny of reports maintenance of files, records and correspondence etc. Addl. S.P. (D) will also oversee the work of the Vigilance Court office staff created for the Special Court/Authorised officer. The remaining staff of the reconstituted Vigilance Cell ( i.e. Cell as well as Special Cell – Special Squads) comprising 6 D.Ss.P and 14 Inspectors will function as Field Staff of the Cell to conduct verifications, enquiries and investigation of cases, entrusted to the reconstituted Vigilance Cell by the Director/DIG (C) . These enquiries/investigations will supervised /reviewed by the Addl. Ss.P and D.Ss.P as orders of DIG (C ). The remaining 4 S.Is will assist the Field Officers of the Cell. 2. The aforementioned responsibilities of the Cell officers will be in addition to the duties of intelligence collection as laid down at item –‘4’ ( Page -39) of the Vigilance Police Instructional Hand Book Part –III. This will take effect from the date of the issue of the order.

Sd/- 1.10.93

Director-cum-Addl.DG & IG of Police, Vigilance, Orissa, Cuttack. Memo No. 6366/VE Dated 1.10.93 Copy forwarded to all Ss.P ,Vigilance for information and necessary action. Sd/- dt 1.10,.93 AIG of Police, Vigilance Orissa, Cuttack Memo No. 6367/VE Dated 1.10.93 Copy forwarded to all Addl. Ss.P ,Vigilance /all D.Ss.P Vigilance / all Sectional Heads, Vigilance Directorate /Coordination Section /Con-A/Con-B/Con – C for information and necessary action. Sd/- dt 1.10,.93 AIG of Police, Vigilance Orissa, Cuttack OD- Copy to Guard file

78

No. 22937/BBSR dated 28.8.1997 To

All Principal Secretaries to Govt. Secretaries to Govt. Sub: Expeditious disposal of references made by the Vigilance

Department for sanction of prosecution and taking Departmental action.

… Sir, During a recent review of the activities of the Vigilance

Department, it is revealed that proposals for sanction of prosecution are not

cleared promptly by the Departments and the Heads of Departments, Public

Sector Undertakings and Sub-ordinate offices under their control. In some

cases proposals are kept pending for several months resulting in delay in filing

of charge sheet by the Vigilance Departmental. As you know the longer the

delay, the less is the chance of success of the case in the Court of Law.

2. The experience in respect of proposals sent by the Vigilance for

taking Departmental action is still worse. These are not only delayed but also

end up in many cases, in exoneration of the delinquents as a consequence of

improper enquiry. In most of the cases the Vigilance Department is also not

kept informed of the out-come of such references.

3. In order to tide over such situation it is imperative that the

Departments/Heads of Departments/Public Sector Undertakings/Sub-ordinate

Offices should ensue that all proposals for sanction of prosecution should be

cleared by them within 2 months. During this period any clarification required

from the Vigilance should be obtained and this should in no case be a plea to

delay the matter. Similarly the proposals for departmental actions should be

cleared within 6 months positively and the disciplinary authorities should take

care to see that the enquiries are properly held before passing their final

orders. The IVOs/CVOs in the Departments/Heads of Departments /Public

Sector Undertakings should be made responsible to monitor all these

references on day to day basis.

79

4. The above instructions should be brought to the notice of the

Heads of Departments/Public Sector Undertakings and Sub-Ordinate Offices

under your control. This should also be periodically reviewed by you to ensure

that Vigilance cases /enquiries reach their logical and expeditiously.

5. Progress of sanction of prosecution and departmental action

arising out of vigilance cases/enquiries would be reviewed once every 3

months in the fortnightly meeting of Secretaries and Special Secretaries to

which Director, Vigilance would be invited to participate with a department-

wise pending list.

Yours faithfully,

Sd/-

Chief Secretary, O r i s s a.

80

GOVERNMENT OF ORISSA GENERAL ADMINISTRATION (VIGILANCE) DEPARTMENT,

CUTTACK …

NOTIFICATION Dated, Cuttack the 6th February 2002.

Sub : Special Unit, Bhubaneswar. No. Estt.2/2002/985/VE. The question of formation of a Special work Unit in

the State Vigilance Organisation dedicated to secret collection of intelligence

and verification of information of corruption in high places at par with Central

Bureau of Investigation was under active consideration of Govt. for some time

past.

After careful consideration, Government have been pleased to

order formation of such a Unit in Vigilance Directorate to begin with from within

the existing resources. The Special Unit will be headed by a Dy.Supdt. of

Police, assisted by 7 Inspectors of Police, and a complementary staff of 3 to 4

Constables.

While the Special Unit will have its headquarters at Vigilance

Directorate, Cuttack, depending on requirement there could be a detachment

of the Special Unit at Bhubaneswar, manned by 2 Inspectors of Police by way

of internal arrangement.

The duties of the Special Unit will include :

i. Collection and reporting of intelligence of corruption in high

places.

ii. Surveillance on select suspects.

81

iii. Secret verification of and report on, complaints/allegations

against senior officials/ public functionaries.

iv. Maintaining a close internal vigil on the officials of the Vigilance

Organisation, and verification of complaints, if any, against them

and report thereof, and

v. Such secret assignments as may be assigned to it by Director,

Vigilance from time to time.

The Officers of the Special Unit will report to the Director, Vigilance

directly or through any senior officer of his choice so as to maintain

confidentiality.

Sd/- Special Secretary to Government Memo No. 986/VE dated 6.2.2002. Copy forwarded to the Secy. to the Chief Minister, Orissa, Bhubaneswar for information. Sd/- Special Secretary to Government Memo No. 987(5)/VE dated 6.2.2002. Copy forwarded to All Supdts of Police, Vigilance for information. Sd/- IG of Police, Vigilance, Cuttack

82

Government of Orissa, General Administration (Vigilance) Department, Cuttack.

*** No. 888/VL. Dated. 7. 2. 2004

RESOLUTION

Sub: Creation of Koraput Vigilance Division with headquarters at Jeypore.

The creation of a New Vigilance Division with Headquarters at

Jeypore having jurisdiction over six Revenue Districts viz-Koraput, Malkangiri,

Rayagada, Nawrangpur, Kalahandi & Nuapara was under active consideration

of Government for some time past.

After careful consideration, Government have been pleased to

establish the aforesaid Vigilance Division by way of bifurcation of existing

Berhampur Vigilance Division, diversion of staff from existing Vigilance

establishments and with creation of the following additional Posts as detailed

here under :-

Posts for the Koraput Vigilance Division By redistribution. Additional Posts created.

1. DSP - 4 posts (By diverting 4 posts from Berhampur Vigilance Division.)

1. S.P. in IPS Cadre -1 post (Created vide G.A. Deptt. order NO.29048/ AIS-I dt.20.10.03 by surrendering the post of Addl. S.P. Berhampur Vigilance Division.)

2. Inspector -14 posts (by diverting)

2. S.O. in DGPO Cadre - 1 post

9 posts from Berhampur Vigilance Division 2 posts from Vigilance Directorate, 2 posts from Sambalpur Vigilance Division. 1 post from Balasore Vigilance Division

3. Senior Stenographer - 1 post in DGPO Cadre

3. S.1. - 5 posts (by diverting)

4. APR.Havildar -1 post

2 posts from Berhampur Vigilance Division 2 posts from Vigilance Directorate. 1 post from Sambalpur Vigilance Division

5. APR Constables - 4 posts. (SI. 2,3,4 & 5 created vide G.A. (Vig.) Deptt. order No.7156/VE dt.6.11.03)

83

4 ASI - 5 posts

2 Posts from Berhampur Vigilance Division 1 post from Sambalpur Vigilance Division 2 posts from Balasore Vigilance Division

5. Constable - 30 posts

23 posts from Berhampur Vigilance Division 4 posts from Sambalpur Vigilance Division 3 posts from Balasore Vigilance Division

6. Dr.Hav.- 2 posts (By diverting 2 posts from Berhampur Vigilance Division.)

7. Asst. Driver - 3 posts (by diverting 3 posts from Berhampur Vigilance Division.)

8. F.O. - 20 posts (By diverting)

15 posts from Vigilance Berhampur Division 2 posts from Vigilance Directorate 2 posts from Vigilance Sambalpur Division. 1 post from Vigilance Balasore Division.

9. Sr.Asst. - 1 post (By diverting 1 post from Berhampur Vigilance Division)

10. Jr.Asst.- 1 post (By diverting 1 post from Berhampur Vigilance Division)

11. Jr.Stenographer - 1 post (By diverting 1 post from Berhampur Vigilance Division.

12 Jr.Gr.Typist -1 post (By diverting 1 post from Berhampur Vigilance Division.)

The Home Department is being requested separately to define

the Vigilance Police Station limits of the Koraput Vigilance Division with its

Headquarters at Jeypore, to be notified U/s 2(s) of the Code of Criminal

Procedure, 1973( 2 of 1974).

The new division will be functional from the date Superintendent

of Police assumes charge.

ORDER: Ordered that this resolution shall be published in the next issue of Orissa Gazette and copies thereof be forwarded to all Departments of Govt. /All Heads of Department / A.G.(Accounts) Orissa, Bhubaneswar/ A.G.(Audit) Orissa, Bhubaneswar/ Secretary, O.P .S.C.

By order of Governor Sd/- G.C. Nanda, IPS Special Secretary to Government.

84

GOVERNMRNT OF ORISSA HOME DEPARTMENT

… NOTIFICATION

Bhubaneswar , the 7th Aug.2004

No. 31045/D & A-49/04 ,. In exercise of the powers conferred by clause (s) of

section 2 of the code of criminal procedure, 1973 ( Act 2 of 1974) and in

supersession of the Notification of Govt. of Orissa in Home Deptt. No.

38962/hc, dated 13.7.2001 the State Govt. do hereby declare that the offices

mentioned in column (1) of the schedule No.1 shall be police stations which

shall include within their respective, limits the areas specified against each in

column (2) of the said schedule for the purposes of the offences contained in

Schedule-II below with effect from the date of publication of this notification in

the Orissa Gazette.

This Notification , shall come into force with effect from the date of its issue.

SCHEDULE -I Name of the Office Jurisdiction

1. Office of the S.P., Vigilance, Cuttack

Revenue Districts of Cuttack, Jagatsinghpur, Jajpur, Kendrapara, Dhenkanal and Angul

2. Office of the S.P., Vigilance, Bhuabaneswar

Revenue Districts of Puri, Khurda and Nayagarh

3. Office of the S.P., Vigilance, Balasore

Revenue Districts of Balasore,Bhadrak, Mayurbhanj & Keonjhar

4. Office of the S.P., Vigilance, Sambalpur

Revenue Districts of Sambalpur, Bolangir, Jharsuguda, Baragarh, Sonepur, Deogarh and Sundergarh

5. Office of the S.P., Vigilance, Berhampur

Revenue Districts of Ganjam,Gajapati, Kandhamal, Boudh

6. Office of the S.P., Vigilance, Koraput Divn., Jeypore

Revenue Districts of Koraput, Rayagada, Nawaranghpur, Malkangiri, Kalahandi & Nuapada.

85

SCHEDULE -II

a) Offences punishable under sections 161, 162,163,164,165 & 165-A of the Indian Penal Code, 1860 (Act XLV of 1860).

b) Offences punishable under the Prevention of Corruption Act, 1988(49 of 1988).

c) Offences relating to :-

(i) Evasion of taxes and different control orders,

(ii) the Transit and possession of Forest Produces enumerated in

Section 45 and 46 of the Orissa Forest Act, 1972( Orissa Act

14 of 1972) read with section 56 of the said Act ,

(iii) the Orissa Timber and other Forest products transit rules 1980,

(iv) the Essential commodities act, 1955 ( 10 of 1955),

(v) the Prevention of Food Adulteration Act, 1954 (37 of 1954),

(vi) the standard of weights and measures (enforcement)Act, 1950 (26 of 1950)

(vii) the Drugs (control)Act, 1950 ( 26 of 1950)

(viii) the Motor Vehicles Act, 1988 ( 59 of 1988) and

(ix) all organized offences under the aforesaid acts and rules

effecting the pecuniary interest of the State.

d) Offences under section 409,419 and 420 and chapter –XVIII of the Indian

Penal Code,1860 committed by public servants as defind in the said code and

in the prevention of corruption Act, 1988.

e) Attempts, abetments and conspiracies in respect of offences mentioned in

items (a), (b) (c ) & (d) above by whomsoever committed.

f) Any other particular offence or class of offences that may be specified by the

State Government from time to time.

By order of Governor Sd/- Santosh Kumar Principal Secretary to Government Memo No. 31048/D & A . dated. Bhubaneswar the 7.8.2004 Copy forwarded to the Spl. Secretary to Govt., GA (Vig.) Deptt., Orissa, Cuttack/DG & IG of Police, Orissa, Cuttack/All DIG of Police/Supdt. of Police, Vig. Cuttack/ BBSR/ Balasore/ Sambalpur/ Berhampur/ Koraput Division, Jeypore for information and necessary action. Sd/- Deputy Secretary to Government

86

Government of Orissa General Administration (Vigilance) Department,

Cuttack. ***

No.___6322_____/VE Date. 31.8.07 To

The Accountant General (A&E), Orissa, Bhubaneswar

Sub : Creation of posts for the 8 Unit Offices of G.A (Vigilance)

Department. Sir, I am directed to convey the sanction of the Governor to the establishment of 8 Unit Offices in the State Vigilance Organisation at the following places and creation of the following posts from the date, the posts are actually filled up until further order. Sl. No.

Name of the Unit offices

Location Jurisdiction

1. Bhadrak Bhadrak Bhadrak Dist. 2. Kendrapara Kendrapara Kendrapara Dist. 3. Nayagarh Nayagarh Nayagarh Dist. 4. Paralakhemundi Parlakhemundi Parlakhemundi Dist. 5. Sundargarh Sundargarh Sundargarh Dist. Except Rourkela. 6 Bargarh Bargarh Bargarh Dist. 7 Malkangiri Malkangiri Malkangiri Dist. 8 Jagatsinghpur Jagatsinghpur Jagatsinghpur Dist.

Sl. No.

Name of the post

No. of posts

Scale of pay and allowance

Remarks

1 2 3 4 5

1. D.S.P in O.P.S 8( eight) Rs. 8000-13,500/-

To be filled up by way of re-deployment/ Promotion from eligible Police Officers.

2. Jr. Stenographer

8( eight) Rs. 4000/- per month

On contractual and consolidated remuneration for one year or till end of February which ever is earlier and renewable on good performance to be assessed by competent authority.

3. Asst. Driver 8( eight) Rs. 3050/- per month

- do -

4. Attendant/ Messenger

8( eight) Rs. 2550/- per month

- do -

87

The posts of D.S.P will carry D.A and other allowances as admissible under rules from time to time. The posts of D.S.P will carry Spl. pay @ 10% of basic pay

subject to maximum of Rs. 150/- P.M or Spl. Incentive @ 15% of the basic pay

without ceiling and rent free accommodation or house rent allowance in lieu

thereof as admissible under rules from time to time.

The charges on this account are debitable to the appropriate unit

under the Head Demand No.2-2070-OAS-104-Vigilance-0308-Dist.Estt.- in the

Non-Plan Budget Estimate of G.A.(Vigilance) Department. This has been

concurred by Finance Department in their UOR No. 257/GS-II dt.20.7.07 and

approved by Government in their UOR No.251/CS dt.20.8.07.

Yours faithfully,

Sd/- Special Secretary to Government.

88

Government of Orissa General Administration (Vigilance) Department,

Cuttack. ***

No.____6227___/VE Date.31.7.2008 To

The Accountant General (A&E), Orissa, Bhubaneswar

Sub : Creation of posts for the 7 (seven) Vigilance Unit Offices of

G.A (Vigilance) Department. Sir, I am directed to convey the sanction of the Governor to the establishment of 7 (seven) Unit Offices in the State Vigilance Organisation at the following places and creation of the following posts from the date, the posts are actually filled up until further order. Sl. No.

Name of the Unit Offices

Location Jurisdiction

1. Dhenkanal. Dhenkanal Dhenkanal District. 2. Jharsuguda. Jharsuguda. Jharsuguda District. 3. Nawarangpur Nawarangpur. Nawarangpur District. 4. Nawapara Nawapara Nawapara District. 5. Subarnapur Subarnapur Subarnapur District. 6. Deogarh Deogarh Deogarh District. 7. Boudh Boudh Boudh District. Sl. No.

Name of the post

No. of posts

Scale of pay and allowance

Remarks.

1 2 3 4

1. D.S.P in O.P.S 7 (seven) Rs. 8000-13,500/- To be filled up by way of redeployment/promotion from eligible Police officers.

2. Jr. Stenographer (Computer knowing)

7 (seven) Rs. 4000/- per month

On contractual and consolidated remuneration for one year or till end of February whichever is earlier and renewable on good performance to be assessed by competent authority.

3. Asst. Driver 7 (seven) Rs. 3050/- per month

-do-

4. Attendant / Messenger

7 (seven) Rs. 2550/- per month

-do-

89

The posts of D.S.P.,will carry D.A. and other allowances as

admissible under rules from time to time.

The posts of D.S.P, will carry Spl. pay @ 10% of basic pay

subject to maximum of Rs. 150/- P.M or Spl. Incentive @ 15% of the basic pay

without ceiling and rent free accommodation or house rent allowance in lieu

there of as admissible under rules from time to time.

The charges on this account are debitable to the appropriate unit

under the Head Demand No.2-2070-OAS-104-Vigilance-0308-Dist.Estt.- in the

Non-Plan Budget Estimate of G.A.(Vigilance) Department. This has been

concurred by Finance Deparment in their UOR No.51/GS-II dt.28.1.08 and

approved by the Government in their UOR No. 213/CSC dt.22.7.08.

Yours Faithfully,

Sd/-

Special Secretary to Government.

90

Government of Orissa Home (Special Section) Department.

***

NOTIFICATION. No. 2326/C-MC(R)01/2008(Pt). Dated. 14.5.08. In pursuance of clause (a) of section-2 of the Orissa Special

Courts Act, 2006 (Orissa Act-9 of 2007) read with rule-9 of the Orissa Special

Courts Rules, 2007 the State Government with the concurrence of the High

Court of Orissa do hereby nominates the Additional District and Sessions

Judge, Cuttack to remain in charge of the Authorised Officer of the Special

Court at Cuttack to take up the proceeding in accordance with law.

Further, the State Government hereby notify the Fast Track

Court building in the office of the District and Session Judge, Cuttack as the

place where the office of the Authorised Officer of the Special Court, Cuttack

shall function.

By order of the Governor Sd/- K.C. Sarangi Deputy Secretary to Government.

91

Government of Orissa Home (Special Section) Department.

***

NOTIFICATION. No. 2332/C-MC(R)01/2008(Pt). Dated. 14.5.08. In pursuance of clause (a) of section-2 of the Orissa Special

Courts Act, 2006 (Orissa Act-9 of 2007) read with rule-9 of the Orissa Special

Courts Rules, 2007 the State Government with the concurrence of the High

Court of Orissa do hereby nominates the Additional District and Sessions

Judge, Khurda to remain in charge of the Authorised Officer of the Special

Court at Bhubaneswar to take up the proceeding in accordance with law.

Further, the State Government hereby notify the 2nd floor of the

office of the Commissioner of Endowments, Orissa, Bhubaneswar as the place

where the office of the Authorised Officer of the Special Court, Bhubaneswar

shall function.

By order of the Governor Sd/- K.C. Sarangi Deputy Secretary to Government.

92

OFFICE OF THE DIRECTOR-CUM-ADDL.D.G OF POLICE, VIGILANCE, ORISSA, CUTTACK.

…

No.____6479____/VG, Date : 5.8.08 To All the Superintendents of Police, Vigilance. Sub : Maintenance of Registers in the Vigilance Unit Offices.

…

The newly created Vigilance Units should maintain the following

registers/files in their offices.

(1) Receipt Register (10) Malkhana Register (2) Despatch Register (11) A.C.I.R Register (3) Surprise Check Register (12) I.R Register (4) Guard File (13) File Register (5) Summons Register (14) Crime Register (6) Authenticated list of Govt. properties (15) Land particular Register (7) Confidential Note Book (16) C.L Register (8) Warrant Register (17) Car diary (9) Authenticated list of law Books (18) Petition Register Vigilance Circular Order No.1/2000 regarding “Duties of Unit

D.S.P, Vigilance” may be referred for further details for maintenance of the

above registers.

Sd/-M.Akhaya I.G of Police, Vigilance,

Orissa, Cuttack. Memo No._______________/VG., Dt.

Copy forwarded to the D.Ss.P, Vigilance, Jagatsinghpur Unit / Kendrapara Unit / Nayagarh Unit / Bhadrak Unit / Paralakhemundi Unit / Bargarh Unit / Sundargarh Unit / Malkangiri Unit / Dhenkanal Unit / Jharsuguda Unit / Nabarangpur Unit / Nuapada Unit / Subarnapur Unit / Deogarh Unit / Boudh Unit for information and necessary action.

Sd/-M.Akhaya I.G of Police, Vigilance,

Orissa, Cuttack.

O.D : Copy forwarded to Steno to I.G (N), Vig. / I.G (S), Vigilance for information.

93

OFFICE OF THE DIRECTOR-CUM-ADDL. D.G. OF POLICE, VIGILANCE: ORISSA: CUTTACK.

*** OFFICE ORDER NO.___2879________/VE Date.8.12.2008. It is hereby ordered that the P.I. attached to the Special Court at

Cuttack, is directed to be under the administrative control of Supdt. of Police,

Vigilance, Cell, Cuttack. He will report to S.P., Cell everyday and get

instructions from him after which he will do the needful work for the Court.

Similarly the P.I. attached to Special Court, Bhubaneswar, is

placed under the administrative control of S.P., Vigilance, Cell and he will

report at S.P., Vigilance Cell office at Bhubaneswar, after getting due

instructions he will act accordingly for the Court.

Their C.C.R. and other reports will be submitted through S.P.

Vigilance, Cell as most of the cases of the Special Court are arising out of

investigation made by the Cell.

Sd/- A.K. Patnaik Director-cum-Addl. D.G. of Police, Vigilance, Orissa, Cuttack.

94

GOVERNMENT OF ORISSA POLITICAL & SERVICES (GENERAL) DEPARTMENT

ORDER Bhubaneswar, the 27th May 1961

Sub: Departmental proceeding on Vigilance enquiry report.

No.6634-Gen. – The Vigilance Branch of the Political & Services Department

is generally entrusted with the task of enquiring into complaints and allegations of

corruption against Government servants. After enquiry by the Vigilance Branch,

Government in the Political & Services (Vigilance) Department decide whether a case

should be sent for trial to the criminal Court or be referred to the Administrative

Tribunal for enquiry and report or to the concerned department for proper disciplinary

action. In cases that are referred to the departments to be dealt with under the Civil

Services (Classification Control and Appeal) Rules it is noticed that some

departments frame charges basing them on materials furnished by the Vigilance

Branch, thereby dispensing with the “first stage” of the enquiry envisaged in Home

Department Circular Memo No.1150(68)-A., dated the 23rd January 1954 *(preliminary

enquiry). Certain other departments, however, take up a preliminary enquiry afresh in

order to decide whether charges are to be framed or not. It is desirable that a uniform

practice may prevail.

2. It has been decided that after its acceptance by Government the enquiry

conducted by Vigilance Department should be treated as adequate basis to proceed

further, as that Department is a full-fledged department of Government. Further

preliminary enquiry is not necessary.

3. These instructions will be applicable in respect of all Government

employees including those employed in the Secretariat of the Orissa Legislative

Assembly and officers serving in the High Court and in Courts subordinate thereto.

(These instructions have the concurrence of the Orissa High Court) By order of the Governor

B. R. PATEL Joint Secretary to government

(Ref: The Vigilance Police Instructional Hand Book Part-I Page-46)

95

GOVERNMENT OF ORISSA POLITICAL & SERVICES DEPARTMENT

*** MEMO No.298-A.T.

Dated Bhubaneswar, the 28th August 1962 Sub: Whether departmental proceedings and a criminal prosecution

based on same set of facts can be continued simultaneously. The undersigned is directed to say that the question whether

departmental proceedings can be started simultaneously with a criminal case arising

out of the same set of facts or incident, was under consideration of Government for

some time.

After careful consideration of the issue, Government hold the view that

in the absence of any legal bar, a departmental enquiry can be started or continued

when a criminal case is subjudice, on the same set of facts, provided no scope is

allowed to cause any embarrassment to the Court trying the criminal case, as a result

of the departmental proceedings.

In this connection the principles to be followed in this State

henceforward are formulated below:-

(a) Whenever any misconduct or misdemeanour on the part of a Government servant is detected it will be appropriate for the department concerned to initiate departmental enquiry against him and dispose it of as early as possible. In some cases it may be possible that the misconduct so noticed does not amount to an offence under the law. In such a contingency the case will have to be one for departmental proceeding only.

(b) Even after a departmental enquiry is completed and the penalty is imposed as a result thereof, Government may consider the question of prosecution in the light of material available both before the departmental enquiry started and material, if any, gathered during the departmental enquiry.

(c) In cases where departmental proceeding runs side by side with a criminal case on the same facts, care has to be taken to ensure that the departmental proceeding does not interfere even in the least with the Police investigation, on which the latter are to submit a report in the manner prescribed.

(d) In cases covered by paragraph (c) above the authorities concerned should bring the matter to the notice of the Government and seek orders as to whether they will proceed simultaneously along with the criminal case or will await the decision of the criminal Court.

(e) If in any case recovery of financial loss to Government is to be made, then a criminal prosecution will be of no help, as the remedy can be obtained only through a departmental proceeding or a civil suit. In such a case it

96

may be permissible to run the departmental proceeding concurrently with the criminal case provided that if there be any action which may or is likely to cause embarrassment to the accused and tends to prejudice the fair and impartial trial of the criminal case the departmental proceeding will have to be stayed.

Government wish to bring the above to the notice of all concerned so

that the procedure outlined therein may be followed by them in dealing with

disciplinary proceedings against the Government servants. The Offices under the

control of the Departments concerned may also be informed of the above procedure.

(Ref: The Vigilance Police Instructional Hand Book Pages 60-61)

GOVERNMENT OF ORISSA POLITICAL & SERVICES DEPARTMENT

ORDERS

Bhubaneswar, the 20th February 1963

No.2612 – 2R-1-8/63/Gen. – Instances have come to notice that departments

to whom the cases are referred by the Political & Services (Vigilance) Department,

after enquiry into the allegations against an officer of the department have again taken

up a preliminary enquiry afresh in order to decide whether charges are to be framed

or not. This procedure conflicts with the Instructions issued by the Government in their

“Order No.6634-Gen., dated the 27th May 1961, of the Political & Services (General)

Department.

2. I am, therefore, to request that the instructions contained in the order

referred to above may be strictly followed by all concerned. Charge should be framed

against the delinquent officers on the reports of the Vigilance Branch and a fresh

preliminary enquiry (1st stage) prior to framing of charges is not considered necessary

and should not therefore, be made.

By order of the Governor

R. N. MOHANTY Joint Secretary to government

(Ref: The Vigilance Police Instructional Hand Book Part-I Page-47)

97

GOVERNMENT OF ORISSA POLITICAL & SERVICES (ADMINISTRATIVE TRIBUNAL)

DEPARTMENT

No.51 – A.T. FROM

SHRI P. RAMA RAO, O.A.S. UNDER SECRETARY TO GOVERNMENT TO

THE REGISTRAR OF THE HIGH COURT OF ORISSA, CUTTACK Dated Bhubaneswar, the 25th February 1963

Sub: Whether departmental proceedings and Criminal prosecution based on same set of facts can be continued simultaneously. SIR, I am directed to invite reference to your Letter No.7343 – XI – 6/62, dated the 19th December 1962 forwarding a copy of the Letter No.2948, dated the 24th October 1962 from the District Judge, Puri, as to whether departmental enquiry which was kept in abeyance during criminal prosecution against the Officer can be proceeded with on the termination of criminal case by ending in acquittal, in a case where there is no financial loss to Government. Acquittal of delinquent officer in a criminal case does not ipso facto put a stop to any proceeding that Government may contemplate taking against him. The question whether any financial loss was caused to Government by the conduct of the Government servant is also not the sole criterion. Cases may occur where although the action of the Government servant may not result in any financial loss to Government still the action of such servant might have been guilty of gross misconduct. Such negligence or misconduct might or might not have resulted in loss of money to Government. It is, therefore, a matter for the Administrative Department to decide whether having regard to the circumstances of the case they would drop or continue the proceedings against the Government servant after his acquittal in the Criminal Court. The only limitation that should be borne in mind is that after the acquittal of a Government servant in a criminal Court of a certain charge that very charge cannot again be the subject matter of a departmental proceeding. Yours faithfully, P. RAMA RAO Under Secretary to Government (Copy forwarded to Heads of Departments*** in Memo No.51 (47)-A.T., dated the 25th February 1963) (Ref: The Vigilance Police Instructional Hand Book Part-I Pages-62-63)

98

GOVERNMENT OF ORISSA

POLITICAL & SERVICES DEPARTMENT (Vigilance Branch)

No.703(120)-B To

ALL SECRETARIES TO GOVERNMENT ALL HEADS OF DEPARTMENTS ALL DISTRICT OFFICERS Dated Cuttack, the 30th May 1963

SIR,

IT has been noticed that in some cases when Vigilance are on the track of

some serious misdemeanours in an office, the Head of Office himself proceeds to

take up disciplinary proceedings on some of these facts against the officers

concerned. Whilst it is encouraging that the Heads of Offices take up their

responsibility seriously, there is a danger that disciplinary action taken, without all the

facts before the officers, may lead to the accused escaping for lack of proper

presentation of cases. In fact, some delinquent may work up the office to charge-

sheet them and go through the proceedings keeping back important facts. Once an

Officer is charged and proceedings finalized for certain misdemeanour he cannot be

again tried for the same offence. In order to avoid this sort of trick by the delinquent, it

is hereby ordered that when the Vigilance has taken up an enquiry, the Departmental

enquiry shall be kept in abeyance till the final report is received and it is decided to

take up the Departmental enquiry or a Tribunal enquiry.

It is also not unlikely that when some important misdemeanour is noticed by

the Head of Office the delinquent may take refuse in local Vigilance officials and delay

the proceedings by an enquiry in Vigilance. If any such tendency is noticed by the

Head of Office, he must immediately bring it to the notice of the Superintendent of

Police of the Range and, if necessary, even to the Additional Secretary, Vigilance.

Yours faithfully

B. SIVARAMAN Chief Secretary to Government

(Ref: The Vigilance Police Instructional Hand Book – Part–I – Page – 45)

99

POLITICAL & SERVICES DEPARTMENT

(VIGILANCE BRANCH) No. 3224/VL, Dated, Cuttack the 6th Oct. 1967. To All Secretaries to Government, All Heads of Department, All District Officers. Sub: Departmental Procedure for references to Vigilance Organisation. In Home Department’s Notification No.19872/Ref. dt.13th August 1962, Government specified the nature of offences that are to be investigated by the Vigilance Organisation. It has been brought to my notice that the Vigilance Organisation has been receiving a large number of references from the Departments for enquiry although those are not within their scope as specified in the above notification. Matters calling for disciplinary proceedings by appropriate authority appear to have been referred to Vigilance Department for enquiry. Offences of the nature of criminal misappropriation, breach of trust, cheating and the like, which are to be normally referred to the local police for investigation, are being referred to the Vigilance Organisation. In consequence of such references the workload of the Vigilance Organisation has considerably increased. I would like to impress upon you that it is the responsibility of the Secretaries and Heads of Departments to maintain the efficiency and integrity of the Government Servant’s working under them and if they find in course of their inspection tours, from Audit Reports and other sources that there has been any failure in the discharge of the duties properly on the part of any subordinate officer working under them, they should initiate disciplinary action immediately in accordance with the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 and if the lapses fall within the definition of any offence those should promptly be referred to the local police for investigation and due legal action. The tendency of shifting this responsibility to the Vigilance Organisation should cease forthwith. If the Secretary/Head of the Department thinks that any case is of such a special nature as to be referred to the Vigilance Organisation, he should refer the matter to me or discuss with me indicating the reasons for such a course. If I consider that the reference deserve Investigation/Enquiry by Vigilance, I shall pass specific orders for such a course. Sd/- A.K.Barren CHIEF SECRETARY TO GOVT.

(Ref: The Vigilance Police Instructional Hand Book – Part-I Page-45)

100

Government of Orissa General Administration Department

No.3M-47/93 19247/Gen, Dt.7.9.93 To All Departments of Government, All Heads of Department, All District Officers. Sub: Initiation of Departmental Disciplinary Proceedings/ Disciplinary Action on Vigilance Report. In the erstwhile P. & S. (Gen) Department Letter No.6634/Gen., dt.27.5.61 and Letter No.2612-2R-I-8/63 (Gen) dt.20.2.63 (Copies enclosed) instructions were issued wherein it was emphasized that Government Departments/Heads of Departments should initiate action for drawal of disciplinary proceedings against delinquent officers on the report of the Vigilance Branch of the erstwhile P. & S. Department without unnecessary delay, treating the enquiry conducted by the Vigilance and its report as adequate basis for such departmental action, in terms of the provisions contained in the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962. Several instances have come to the notice of Government where the above guidelines and others of Government have not been followed properly by Departmental Authorities and initiation of departmental disciplinary action is being unnecessarily delayed, thereby defeating the purpose of such enquiry and at times, to the detriment of the Delinquent Officer(s). Instances are many where due to such delays the concerned delinquent Officer is allowed to proceed on retirement without any action being initiated against him. It has also been brought to the notice of Government that some Departments do not promptly acknowledge receipt of the Vigilance Enquiry Report and after issue of reminders, at times covering three to four years, intimate about non-receipt of such reports even though the same have been delivered through messenger and receipt obtained in Peon Book. It is reiterated that it shall be the responsibility of the concerned Disciplinary Authorities to acknowledge promptly the receipt of Vigilance Enquiry Reports and initiate immediate action for drawal of departmental disciplinary proceedings within three months from the date of receipt of such reports at the latest. This task should be entrusted to the Internal Vigilance Organisation of the concerned Department/Office so that responsibility for non-compliance can be fixed. Sd/- R.N. Das Chief Secretary to Government

101

VlGILANCE CIRCULAR ORDER NO.1/2009.

Sub: Recommendation for Departmental Proceedings.

Of late, it has come to notice that departmental proceedings are being recommended against Public Servants for their involvement in Vigilance Cases in addition to their simultaneous prosecution on identical charges in the Court. In all such cases Articles of Charge, Statement of Imputation and Memo of Evidence ( as per provisions of Police Manual Appendix 49 against Police personnel and as per provisions of Orissa Civil Services (Control, Classification & Appeal) Rules, 1962 against other public servants are sent to the appropriate authorities for initiation of regular departmental action citing the case related documents / records, collected during investigation as Exhibits in the proceeding Enquiry to substantiate the charge. Therefore', the delinquent officers taking advantage of initiation of departmental proceeding & criminal proceeding simultaneously on common charges, offence succeed in getting a stay order on the departmental proceeding from the Administrative Tribunal till finalisation of the criminal proceeding against them which is based on identical facts. In the event of acquittal of the delinquent Public Servants from the charges in the Court, they come forward citing their acquittal in the Vigilance Case and claim to drop the disciplinary proceeding, leaving no option for the Disciplinary Authority but to drop the proceeding, Such exoneration of the Delinquent Officer in Departmental Proceedings following their acquittal in Vigilance cases in the Court of law not only entails them promotion to next higher rank retrospectively but also provides ample scope of claiming huge financial benefit even after their involvement in the allegation of Bribery, D.A , Corruption etc. Therefore, it is hereby ordered that while furnishing Articles of Charge, Statement of Imputation and Memo of Evidence against such Public Servants (in addition to their prosecutor in the Court of Law) for their involvement in Vigilance cases, the charges should not be identical to that of the criminal case and the copies of relevant records, collected and relied upon during investigation to establish the charge against the accused in the Court of Law, should not be cited as Exhibits in the proposed departmental proceeding to substantiate the charge. The Departmental proceeding should be recommended for failure to maintain absolute integrity and devotion to duty as envisaged in rule-3 or 4 of the OGSCR 1959.

Sd/- A.K.Patnaik Director-cum- D.G. & I.G. of Police, Vigilance, Orissa, Cuttack.

102

No. 587/Vig. Coord. (A) Dated 31.1.2008 Sub: Proforma for submission of Daily Sitrep by Vigilance Divisions. It has been decided that S.P. Vigilance Division and Cell will send a

daily situation report in the enclosed proforma every day for information of Sr. Officers

about daily situation /developments.

The sitrep will be furnished to the Directorate every day over fax under

the signature of S.P. or in her/his absence by the next Senior Officers.

Sd/- AIG of Police, Vigilance Orissa, Cuttack

PROFORMA

Division – ______________ Daily Sitrep Date:

A. Absence of Staff from their Headquarters.

On leave Training Investigation Enquiries Other reasons

B. Achievement of the Division

Sl. No.

Subject Annual Target

for 2008

Proportionate Target for the

quarter

Achievement till ----------

1. Registration of criminal cases 2. Regn against Class-I Officers 3. Regn of D.A. Cases 4. Disposal of D.A. Cases 5. Disposal of criminal cases 6. Disposal of cases upto 2006 . 7. Disposal of files 8. Disposals of I.Rs 9. S.T. evasion cases 10. Spot Collection 11. S.P’s report awaited from Division

in files/cases (with reference)

C. Information on Anti Corruption Intelligence Report

Sl. No.

Received on the day

Submitted by whom

Report on D.A./ Corruption/ other matters.

Divisional A.C.I.R. Reference

103

D. List of cases /enquiries pending at different levels

Reference of the Case/ enquiries

Pending with Directorate for

orders

Pending with

Division for scrutiny

Pending with I.O/E.O. for compliance.

Pending for

sanction

Lokpal / High Court Enquiries

Criminal Cases

File enquiries

I.Rs. .

E. Court Matters

Cases under Trial for the day Stage of the case Number of witnesses examined

Warrants

Total Pending for execution Received on the day

Total Executed on the day

Pending

Summons

Total Pending for service Received on the day

Total Served on the day

Pending

Final Forms received by P.I on the day Case Reference Date of Charge Shee Date of Receipt by

the P.I. Date of receipt at Division

with P.I. Certificate

F. Achievement for the day. (Cases / searches / Action taken if any in

important and sensational cases / raids on S.T/E.C / Forest, Preventive Vigilance, J.S.C / others ).

a. By Divisional Staff

b. By Unit Staff

c. By Squad Staff G. Any other matter S.P. like to intimate.

Signature of the S.P.

104

No.136/Vig. Con (C) dated 11.6.2008

Sub:- Proforma for submission of Daily Situation Report by Unit/Squad Offices.

… The Unit/Squad Offices have been directed to submit Daily Situation Report

relating to their Unit /Squad in the proforma given below w.e.f. 12.6.08 to Vigilance

Directorate, Cuttack with a copy to respective Divisions by fax every day by 10.30 AM.

Sd/- IG of Police, Vigilance Orissa, Cuttack

PROFORMA Daily Sitrep

No.______________ Date: - -2008

___________________Unit/ Squad ______________________Division

A. Location /Tour of Unit/Squad Officers. Name of the

Officers Investigation/Enquiry conducted for

the day with case/enquiry reference, action taken & location

Absence from Unit/Squad for other reasons

1. DSP 2. Inspector 3. Inspector 4. Other staff

B. Officer wise Achievement:

Sl. No

Subject Annual Target for 2008

Proportionate target upto 2nd quarter

2008

Achievement till -------2008

DSP Inspr. D.S.P. Inspr. DSP Inspr. 1. Registration of

Criminal cases

2. Registration against Class-I officers

3. Registration of DA cases

4. Disposal of DA cases

5. Disposal of criminal cases

6. Disposal of cases upto 2006

7. Disposal of files 8. Disposal of IRs

105

C. Information on Anti Corruption Intelligence Report.

Sl. No. Received on the day

Submitted by whom

Name of S.Os

Unit/Squad reference

Report on D.A/Corruption

D. List of Cases/files enquiries pending with officers :

Name of the officer

Reference of the Case/

enquiries

Pending with

Directorate for orders

Pending with

Division for scrutiny

Pending with I.O/E.O. for compliance.

Pending for

sanction

No. of cases /files

pending with

reference officer wise.

E. Warrants :

Total Pending for execution Received on the day

Total Executed on the day

Pending

F. Summons

Total Pending for service Received on the

day Total Served on the

day Pending

G. Achievement for the day by the Unit/Squad Staff (Cases / searches / Action taken if any in important and sensational cases / raids on S.T/E.C / Forest, Preventive Vigilance, J.S.C / others ).

a. By Unit Staff

b. Any other matter Unit/Squad officers like to intimate.

Signature of Unit/Squad head _____________ Unit/Squad

106

VIGILANCE CIRCULAR ORDERS.

INDEX

Circular Order No.

Subject Page

1963 14/1963 Vigilance Relief and Welfare Fund/ Rules of operation. 111

1968 2/1968 Enquiry against Judiciary officials. 114

1972 3/1972 Procedure for functioning of the Vigilance organisation in relation

to the Judiciary. 115

1983 7/1983

Duties of Prosecuting Inspector attached to Vigilance Department. 119

1984

3/1984 Maintenance of Register by Prosecuting Inspector of Vigilance 123

2/1984 Vigilance Enquiry & Search Warrant 126

1986 9/1986 Proforma for ACIR for submission of ACIR. 130

1995 2/1995 Submission of monthly progress report in cases instituted by

Vigilance PS 135

1996 1/1996 All the IOs to despatch Final Forms (F.F.) in triplicate, whether it is

charge sheeted, final reported, alongwith up-to-date CDs, 161 statements and all other required documents to Court Office and the PIs to scrutinise properly the FF and to send two copies of FF to Divisional Headquarters with his certificate on receipt of complete case records.

137

3/1996 Powers of Ss.P/DIsG/IG/ Director in regard to initiation of secret verification/ enquiries/ criminal cases and disposal thereof.

138

4/1996 Time fixed for secret verification/ open enquiry/ investigation and yardstick of performance of Vigilance officers.

141

5/1996 Submission of PRs in file enquiries 142

6/1996 Submission of SP’s report to Departmental Authorities for obtaining sanction in criminal cases and taking departmental action against officials involved in criminal cases/ open enquiries

144

7/1996 Opening of Malkhana in State Vigilance Hqrs. and Divisional Hqrs. for safety and proper preservation of documents/ records and other valuables taken charge of / seized during enquiry/ investigation

148

107

Circular Order No.

Subject Page

1997

1/1997 Release of Press Notes on activities of Vigilance organisation. 151

2/1997 Quarterly Review Meeting at Vigilance Headquarters, Cuttack. 152

1998

1/98 Prior permission for registration of cases under EC Act and Food Adulteration Act

153

2/1998 Instructions regarding Trap cases 155

3/1998 Instructions to accord sanction for prosecution 155

4/1998 Computerisation of information in criminal cases and file enquiries 156

5/1998 Assessment of buildings etc. by the Technical Wing and cooperation from Investigating Officers / Enquiring Officers.

157

6/1998 Performance and out-turn of officers of vigilance 159

1999

Instruction letter

Transfer of public servant involved in investigation/enquiry of DA Cases

159

1/1999 Registration of Misc. case under PC Act and IPC 160

2/1999 Format for submitting information/ bio-data in DA Cases. 161

5/1999

Instruction to expedite trial of vigilance cases 167

2000

1/2000 Duties of Unit D.S.P, Vigilance. 169

2/2000 Scrutiny of Documents 173

3/2000 Summary of work done statement in revised format 174

4/2000 Permission for house search and putting on police uniform during search

176

5/2000 Prosecution of offenders under Orissa Sales Tax Act 177

6/2000 Submission of Final Form through O.I.C/P.I Vigilance.

179

108

Circular Order No.

Subject Page

2001

1/2001 Basic guidelines in Trap cases 180

2/2001 Supervision of cases and enquiries 182

4/2001 Legal scrutiny reports 184

5/2001 Involvement reports 185

6/2001 Follow-up action in respect of departmental proceedings. 188

7/2001 Statement of suspect officer- integral to investigation 191

2002

1/2002 Deposit of seized cash in DA/Misappropriation Case under PC Act in Nationalized Bank.

192

2003

1/2003 Mentioning of presenting officer in S.P.’s report for marshalling evidence in departmental enquiry.

192

2/2003 Maintaining absolute secrecy in search and seizure. 193

3/2003 Examination/Interrogation of suspect officer/Interrogation report. 194

4/2003 Custody of documents and material objects in C.S. Cases. 195

5/2003 Court Matter – Anticipatory bail application - up-to-date maintenance of CD and despatch of CD for the purpose.

196

6/2003 Initiation and maintaining of attachment proceedings in DA Cases. 197

7/2003 Authorizing Division Ss.P.(V) to release Press note. 198

8/2003 Creation of Document Examination Cell at Directorate. 199

9/2003 Forwarding of letters and despatch of documents to Document Examination Cell.

200

109

Circular Order No.

Subject Page

2004

1/2004 Reimbursement of Trap money by Vigilance. 203

2/2004 Execution of Warrants. 206

3/2004 Selection of witnesses in Trap Cases. 206

4/2004 Artificially inflated income figures in DA cases. 207

5/2004 Guidelines on tape recording statements. 209

6/2004 Draft final form to be vetted by Law officer and approved by Ss.P. 210

7/2004 Prosecution & RDA. 210

8/2004 No issue based enquiry to be ordered by SP. 211

9/2004 Investigation of cases registered after open enquiry. 211

10/2004 Guideline for registration of cases/OE – Petty matters to be avoided.

212

11/2004 Enclosures to the Detailed Report / Final Report. 214

12/2004 Frequency and format and progress report. 218

13/2004 Cooperation between Divisions in matters relating to part enquiry/investigation.

219

14/2004 Keeping Standing Counsel, Vigilance/ Addl. Standing Counsel, Vigilance posted on the charge in the status of vigilance enquiry upto the stage of Final Form.

220

15/2004 File / Open enquiries on orders of Lokpal. 221

16/2004 Anti-corruption work of Forest Wing / Department. 222

2005

1/2005 Vigilance clearance with correct complete particulars requested regarding.

223

2/2005 Periodical Review of Suspension of accused public servants in Vigilance cases.

224

3/2005 Cancellation of Bail of accused persons in the High Court. 225

4/2005 Instructions on Technical Inspection Report regarding. 226

5/2005 Computerization of Basic data on cases pending for sanction / referred for departmental action.

227

6/2005 Prosecution hostile witnesses for perjury u/s 193/195, IPC in Vigilance cases, particularly in trap cases.

229

7/2005 Written argument at the time of the Trial. 232

8/2005 Trap cases in appropriate application of Section 13(2) r/w 13(1)(d) Prevention of Corruption Act, 1988.

233

110

Circular Order No.

Subject Page

2006

1/2006 Maintenance of Secrecy and accessibility of limited officials to an I.R.

234

2/2006 Technical Inspection of a site. 235

3/2006 Submit compliance to the order of High Court / Lokpal. 236

2007

1/2007 Prosecution and R.D.A section. 237

2008

1/2008 Delay in collection of information/ documents in D.A. cases – Time frame.

239

2/2008 Service of summons on witnesses. 240

2009

1/2009 Submission of separate charge in parallel criminal case and departmental proceedings and non-citing of same documents in both criminal case and departmental proceeding.

241

111

GOVERNMENT OF ORISSA POLITICAL & SERVICES DEPARTMENT

(Vigilance Branch)

CIRCULAR ORDER No. 14/1963

Subject- The Vigilance Police Relief & Welfare Fund/ Rules of

operation

Government have been pleased to sanction a grant-in-aid for

the Vigilance Police Officers' Relief and Welfare Fund. The bye-laws for this

fund have been published under the Chapter, "Miscellaneous Instructions" in

this handbook. It is, however, considered necessary to lay down certain

principles to be followed for rendering the fund beneficial to the Vigilance

Police Officers in a systematic manner.

2. The membership of the fund is compulsory for all ranks

excluding class IV Government servants but the benefits will be restricted to

class III Government servants only. The subscription at the flat rate of Re. 1

per year will be collected in January and remitted to the Honorary Secretary.

The Heads of Offices collecting subscriptions will make the necessary entries

in the private cash book concerning the fund.

3. Of the total contribution received in divisions/establishments, 50

per cent should be retained by the respective offices and 50 per cent sent to

the Secretary, Central Vigilance Police Relief and Welfare Fund at

Headquarters. lmmediate relief should be given by the Head of the Office

concerned from the 50 per cent so retained, in deserving cases and such

amount in each case should be limited to Rs. 50. In a case where the grant of

Rs. 50 for immediate relief is found to be inadequate, the application should

be forwarded to the Secretary, with recommendations of the Head of the

office concerned, for grant of further relief. A list of cases in which immediate

relief has been granted should be furnished to the Honorary Secretary for

approval by the Committee at the time of the next meeting.

112

4. Applications for the grant of relief should be made in the

prescribed form appended to the bye-laws so that there will be no difficulty in

properly assessing the deserving cases.

5. Any tendency to go in for treatment through private doctors even

in places where there are Police Hospitals, General Hospitals or other

Government dispensaries, and to come up for grant of relief should be

discouraged.

6. The following points should be looked into in entertaining

applications from the officers and men concerned, and no case which does

not fulfill the required conditions should be referred to the Central Vigilance

Relief and Welfare Committee:

(a) The applications should be made in the proper form in.

duplicate.

(b) No case for relief for treatment will be considered unless it is

supported by regular prescription by Medical Officers of the

hospitals of the above categories together with vouchers for

medicines and details of any other expenditure in full conformity

with such prescriptions.

(c) It may first be considered whether the amounts spent for

treatment are reimbursable and then recommendation for relief

be made for the amount which cannot be reimbursed for

consideration by the Committee.

(d) If it is considered by any Superintendent of Police or Head of

Establishment to allow certain relief from the Central Vigilance

Relief and Welfare Fund to any individual Government servant

for his treatment through a private practitioner at a place where

there is no Government Hospital, the full justification for not

taking up treatment in a Government hospital should be

furnished. It may be certified in such cases that such treatment

was unavoidable and the expenditure made by the applicant

was actually incurred.

113

(e) As to relief towards the cost of School and College education,

the expenditure in respect of admission fees, examination fees

and cost of books and equipments in deserving cases only will

be reimbursed by the Vigilance Relief and Welfare Fund. All

applications for such relief should be supported by vouchers on

the above account only.

(f) Applications for grant of relief from the fund should be sent to

the Honorary Secretary, Vigilance Police Relief and Welfare

Fund with necessary recommendation immediately after receipt

so that the Relief Fund meeting can be called for conveniently in

consideration of the urgency and bulk of cases.

(g) The grant of relief is restricted to the serving members of the

Vigilance Branch indicated in the bye-laws and to their family

members who are entirely dependent on them.

S. K. GHOSH Additional Inspector-General of Police, Vigilance

114

CONFIDENTIAL STANDING ORDER No.2/68

OFFICE OF THE DIRECTOR & I.G. OF POLICE, VIGILANCE: ORISSA:

CUTTACK. No. _1046 (3)____/Cell Dated: 29.6.1968. To The Superintendents of Police, Vigilance, Cuttack / Sambalpur / Berhampur (Ganjam). Sub: Enquiry against Judicial Officers i.e. Judicial Magistrates,

Munsiffs and Judges, who are under the control of Hon’ble High Court.

The Vigilance should not undertake any enquiry either secret or

open against any Judicial Magistrate, Munsiff or Judge, without specific orders

from the Hon’ble High Court in this regard.

The post of one A.I.G. has been sanctioned in the Vigilance for

undertaking enquiry against the above category of Judicial Officers after

obtaining necessary orders as indicated above. Shri D.N. Patnaik, I.P.S., has

been posted as the A.I.G. and for administrative purpose, the post has been

designated as A.I.G., Vigilance (Cell). His office is situated in the office of the

Director and Inspector General of Police, Vigilance, Orissa, Cuttack.

Whenever any allegation against any such Judicial officer

comes to the notice of the Vigilance, the same should immediately be

transmitted to the office of the Director and I.G. of Police, Vigilance for

necessary action.

This may be brought to the notice of all officers subordinate to you. This does not apply to Executive Magistrates or other

subordinate and clerical staff of the Judicial Magistrates / Munsiffs and

Judges. No trap should, however, be laid against the subordinate and clerical

staff of the judicial officers during court hours and in the courts. Any

information fit for laying a trap should be communicated to this office secretly.

Sd/- S.K. Ghosh Director & I.G. of Police, Vigilance.

115

OFFICE OF THE DIRECTOR AND INSPECTOR GENERAL OF POLICE, VIGILANCE: ORISSA: CUTTACK.

STANDING ORDER NO. 3/1972.

Sub: Procedure for functioning of the Vigilance organsiation in

relation to the Judiciary. In accordance of Vigilance Standing Order No.2/68, it is hereby

ordered that the procedure for functioning of the State Vigilance organsiation

in relation to the judiciary would be regulated by the instructions issued by the

Home Department, in consultation with the High Court, and conveyed in that

Department memo No.7808/HG-HC/2-12/69 dt.17.3.69 (copy enclosed).

2. After the abolition of the post of A.I.G. Cell which was

sanctioned to deal with complaints against the Judicial Officers, attempts have

been made to evolve a new procedure for enquiry into complaints against

judicial officers. Until such a new procedure is evolved the procedure

indicated in the enclosure would be strictly followed.

3. So, it should be specially borne in mind that the State Vigilance

organisation is not to collect intelligences suo-motto in regard to corrupt

practices by any officer. Whether of the subordinate ranks or of the superior

ranks in the judiciary. The information regarding corrupt practices by any

Judicial Officer comes to the notice of the Vigilance officers either by way of

petitioner or otherwise should be passed to the Directorate by the Divisional

Superintendent of Police for bringing into the notice of the High Court. Further

action would be taken as decided by the High Court. If any further enquiries

are authorized by the High Court, it would be taken up by the Divisional Ss.P.

personally.

4. This Standing Order should be forced with immediate effect and

details of informations available with Divisional Ss.P. about corrupt practices

of Judicial Officers except those which have been specifically referred recently

for personal enquiry by the Divisional Ss.P. should be passed on to the

Directorate in accordance with Para 3 above.

Sd/- S.S. Padhi, IPS, Director & I.G. of Police, Vigilance, Orissa, Cuttack.

116

GOVERNMENT OF ORISSA HOME DEPARTMENT.

Memo No.7808/HC-HC/2-12/89 Dated, the 17th March, 1969.

To

The P & S (Vigilance) Department, Cuttack. The undersigned is directed to enclose herewith a copy of the

instructions in regard to the procedure for functioning of the Vigilance

organization for the Judiciary, which have been finalized in consultation with

the High Court for necessary action.

Sd/-Illegible Secretary to Government. PROCEDURE FOR FUNCTIONING OF THE VIGILANCE ORGANISATION

FOR THE JUDICIARY. 1. The normal Vigilance Organization of the State will take up the

work arising in regard to the Judiciary also in accordance with the special

procedure laid down herein. Enquiries into the cases against judicial officers

will be taken up exclusively by an officer not below the rank of Superintendent

of Police and shall not be entrusted to subordinate staff. To start with, the post

of a Superintendent of Police will be created under the Vigilance Organisation

to exclusively attend to this work and he will function administratively as a part

of the Vigilance Organisation under the superintendence and control of the

Director and Inspector General of Police (Vigilance).

2. Vigilance enquiry may be directed against allegations coming to

notice as follows : -

(a) Written and signed complaints received either by the State

Government, the High Court or by the I.G. (Vigilance).

117

(b) Allegations otherwise coming to the notice of the High Court.

Written complaints received by the State Government or the I.G. of Police

(Vigilance) shall be forwarded to the High Court for being dealt with in

accordance with the procedure laid down herein.

Intelligence in regard to corrupt practices shall not be collected

by the Vigilance organisation suo-motto.

3. Allegations coming to notice under Paragraph – 2 shall be

scrutinized by the High Court for the purpose of finding as to whether there is

justification for directing enquiries in which case the Director and Inspector

General of Police (Vigilance) shall be required to take up secret enquiries.

4. On receipt of instructions under Paragraph 3 from the High

Court, the Director and Inspector General of Police (Vigilance) shall get the

allegations enquired into secretly through the Superintendent of Police

appointed for the purpose. At this stage, the enquiry will proceed secretly for

collecting materials to the extent possible, on the allegations. The Inspector

General of Police (Vigilance) or Superintendent of Police shall not have

access to the records of the Courts and Judicial Offices directly. If any records

are considered necessary for the purpose of secret enquiry, the

Superintendent of Police shall send a requisition to the Registrar of the High

Court stating the reasons and circumstances under which the official records

are necessary. If the High Court are satisfied about the necessity of making

the same available to the Superintendent of Police shall be sent, in original, to

the High Court by the Inspector General of Police (Vigilance) with his own

comments thereon.

5. The report received under Paragraph 4 shall be scrutinized by

the High Court with a view to find out if further action is called for. If further

action is found justified, the High Court shall require the Inspector General of

Police (Vigilance) to take up open enquiries. In other cases, the matter may

be dropped.

118

6. On receipt of instructions from the High Court under Paragraph

5 the Inspector General of Police (Vigilance) shall arrange open enquiries by

the Superintendent of Police appointed for the purpose. The procedure

ordinarily followed by the Vigilance will be applicable except that no records

shall be seized by the Vigilance from the Courts/offices. Vigilance shall follow

the procedure laid down in Paragraph – 4 for the purpose of getting hold of

records for the enquiries.

7. After the close of the enquiries, the Superintendent of Police

shall submit the record of enquiry with his own opinion thereon to the High

Court through the Inspector General of Police (Vigilance).

8. If on perusal of the report, the High Court are satisfied that no

further action is called for, the matter would be dropped, otherwise, the court

shall frame necessary charges and appoint an officer as the Inquiring Officer,

who shall hold a regular departmental enquiry against the delinquent and

submit his report to the Court with his recommendations, if any.

If on perusal of the report of the Inquiring Officer, the Court are

satisfied that the delinquent is not guilty, an order to that effect would be

recorded and the proceeding dropped. If, however, the Court are satisfied that

the delinquent is guilty necessary steps thereafter would be taken according

to rules.

9. The working of the system shall be reviewed after one year in

consultation with the High Court for any charges, which may be found

necessary.

***

119

CIRCULAR ORDER NO. 7/1983

Character of duties of the P.I. attached to Vigilance Department.

…

1. On receipt of charge sheet, P.I. (Prosecuting Inspector) will ensure

all papers relating to the charge sheet such as search list, seizure

list, trap reports, statements U/s 164 Cr.P.C. maps, photograph etc.

are duly documented.

2. As soon as documentation is over he will put up the charge sheet

along with the case record to the C.J.M. for taking cognizance or

issuing any other orders. The orders of the Magistrate shall be duly

noted in the G.R.

3. In case where final reports are received from the I.O., the same

shall be put up before the C.J.M. and his orders obtained and

communicated to the Divisional office. In all cases where property is

seized in a particular case, orders for disposal of the property shall

be duly obtained from the Magistrate and communicated to the I.O.

Similarly Court’s orders regarding disposal of the exhibits or

documents shall be obtained by the P.I. It will be better if court is

kept informed about this requirement well in advance so that these

orders can be incorporated in the judgement itself.

4. He will ensure timely supply of documents by the court to the

accused free of charges as required U/s 207 Cr.P.C.

5. In case he finds the court unable to supply the document due to

reason beyond its control, he will immediately bring the matter to

the notice of his S.P. for furnishing such assistance to the court

making out copies as the S.P. may deem it necessary.

120

6. In case a particular document happens to be a voluminous one, he

may inform the court accordingly so that the court shall instead of

furnishing the accused with the copy thereof direct that the accused

will only be allowed to inspect the document either personally or

through his pleader.

7. He will go through the case record and check up the addresses of

all the witnesses including the accused person. It is likely that the

I.O. and several other police witnesses may be transferred in the

course of the trial or well before the trial begins. P.I. will ensure all

such transfers are duly taken note of by him and the new addresses

of the accused or the witnesses are brought on the file so that there

is no delay in the proper service of summon. For this purpose he

shall prepare a list of all the P.Ws both from the side of

Vigilance/Police and other departments or the public. All changes in

the addresses of the witnesses shall be duly incorporated in this list.

8. He will ensure prompt issue of all summons and receipt of service

returns well before the date fixed for the trial. This is a very

important duty and calls for alertness and Vigilance on the part of

P.I. Any negligence in discharge of this duty will inevitably result in

delay in the issue of summons and the parties not turning up for the

trial.

9. In all cases where charge sheets were submitted declaring accused

as absconder, P.I. will take necessary steps for complying with

provision of section 82, 83 and 299 Cr.P.C. relating to the recording

of evidence in the absence of the accused. He will send necessary

copies of the proclamation /processes to the I.O. through the

Divisional Office for service and execution.

10. He may maintain an absconding register where all action taken by

him to procure the attendance of the accused or apprehension of

the absconder shall be duly recorded.

121

11. The P.Is will maintain Non-FIR registers and shall enter therein all

Non-FIR reports received from I.Os and the result of trial in each

case. They should issue Final Memos in a separate volume. The

result of trial of the Non-FIR cases referred to the courts may be

ascertained by the P.Is from the Division office as and when

necessary for issue of final memo.

12. Very often the certified copies of judgements, deposition of

witnesses and other judicial documents are received in delay in

Division Offices. The public prosecutors are however responsible

for such delay and they either forget to file application in time or to

take timely follow up action thereafter to obtain the copies. In such

matters P.Is should keep themselves in constant touch with the

public prosecutors concerned and ensure that the copies of

judgements, deposition of witnesses and other documents in

acquittal cases are made available to the Division office without any

unreasonable delay.

13. The P.Is should maintain a Court Diary of the cases tried by the

Special Judge indicating progress of trial of each case and remarks

of such case if any and submit copies of the same to

Superintendent of Police concerned. He will report about non-

appearance of I.O. and witnesses to Divisional Superintendents of

Police and D.I.G.

14. He will ensure that that attendance of witnesses is properly marked

and they are paid their allowance. For this purpose he has to

remain in touch with the Public Prosecutor and the court. Timely

payment of this allowance should receive prompt attention of the

P.I. as non-official witnesses are not likely to turn up again if these

allowances are not paid to them in time.

122

15. He will keep himself in touch with the Spl.P.P./A.P.P. and ensure

timely despatch of DUTR to the S.P.

16. He will also attend the court on the dates of hearing ( in important

cases when so directed by the S.P. ) and report all matters of

interest with special reference to the trend of the turn the

prosecution case was taking, any new arguments putforth by the

defence or any other matter of interest which should be brought o

the notice of S.P. for taking timely action in the interest of

successful prosecution of the case.

17. He will also call on the presiding officer of the court periodically and

find out if any particular action was required to be taken by the P.I.

for the appeance of the witnesses or expediting trial of the case.

18. He will be responsible for the smooth functioning of the office of P.I.

and the maintenance of discipline.

19. He will also assist the I.O. in getting statement of witness recorded

U/s 164 Cr.P.C. obtain orders of the court for T.I. parades etc.

20. He will keep liaison with the A.P.P./Spl. P.P. and furnish him carbon

copies of the case diaries in consultation with the S.P., if so

required.

21. P.Is will work directly under the administrative and disciplinary

control of the S.P., Vigilance concerned. The later may , however,

delegate his authority to a Dy. S.P. to supervise the day to day work

of the P.I. subject to the general direction and control of the S.P.,

Vigilance.

Sd/- G.C.Senapati Director-cum-IG of Police, Vigilance, Orissa, Cuttack

123

CIRCULAR ORDER NO. 3/1984

Sub:- Duties of Prosecuting Inspector (Vigilance ) - Maintenance of registers.

Ref:- Circular Order No. 7/83.

…

To enable effective compliance of instructions contained in

circular order No. 7/83 following registers be maintained by P.I., Vigilance.

1. General Register and final memo book of G.R.Cases. Two registers in Police Manual Form No. 56 and 58 respectively

be maintained.

(Ref. Para1,2 & 3 of Circular Order No. 7/83)

2. Address Register Two sets of registers-one for CJM and another for the Special

judge be maintained in the following form.

Sl. No.

Case No. Names & permanent address of

accused persons

Present & subsequent

address

Name & address of bailor.

1 2 3 4 5

Names & permanent address of

witness

Present & subsequent address

Date of payment of bata Remarks

6 7 8 9

Col. 1 to 5 be written on the left and columns 6 to 9 on the right side of the register. (Ref. Paras 7,8,15 of Circular Order No. 7/83) 3. Absconder’s Register The register be maintained in P.M. form No. 16 wherein information about issue of proclamation , processes, recording of evidence and action taken by P.I. to procure attendance of the accused will be recorded. (Ref. Paras 9,10 of Circular Order No. 7/83)

124

4. Non-F.I.R. Register Final memo Book for Non-FIR cases :- A Non-jFIR Register and a final memo book for Non-FIR cases be maintained in P.M. Form No. 28 and 58 respectively. 5. Trial Register To provide all informations about progress of trial of a case trial register be maintained in the following proforma. Two register, one for CJM and another for Special Judge be maintained simultaneously. In acquittal cases date of application for certified copies of judgement etc. and date of its receipt be noted in Col. 6.

( Ref. Paras 4,5,6,12 &14 of C.O. 7/83)

Cases reference with

section of law. Name of the I.O. Date of charge

sheet Date of supply of copies of documents to the accused

1 2 3 4

Progress of trial indicating reasons of absence of I.O. and

witnesses , if any

Result of trial with comments of Special PP in case of acquittal.

Reference of appeal if preferred with result.

5 6 7

6. Forward Court Diary To keep track of all cases on a particular day and to record progress of trial of the cases a forward court diary in the following form be maintained by P.I. Vigilance . ( Ref. Para 14 of C.O. No. 7/83).

Cases reference Purpose of posting Progress made & next date.

Date of issue of summons

1 2 3 4

Date of issue of

warrant Date of notice to bailor Remarks

5 6 7

125

7. Appeal Register

An appeal register in Police Manual Form No. 54 be maintained. Appeal Register is required to be maintained by all P.Is since some cases are also tried by courts other than the special judge. On conviction a party is to prefer 1st appeal in session’s court. Further revision are filed in session’s court. (Ref. Para 13 of Circular Order No. 7/83). 8. Prosecution Trend Register

To enable the Prosecuting Inspector to report about trend etc. of prosecution a register in the following proforma be maintained. (Ref. Para 17 of Circular Order No. 7/83)

Sl. No. Case Ref. Matters of interest trend or turn of

prosecution

Date of submission of report.

1 2 3 4

126

CIRCULAR ORDER NO. 2 /1984

Ref:- Vigilance Enquiry & Search Warrant

The legality and the authority behind enquiries conducted by the

Vigilance as well as issue of search warrant by a Magistrate during the

pendency of such enquiry is often being doubted by many. The correct

position is clarified as under for guidance.

I. The question regarding the necessity of a preliminary enquiry

before lodging FIR has been finally set at rest by the Supreme court in

P.Sirajuddin etc. – Appellants Vrs. The State of Madras-Respondents vide

AIR 1971 SUPREME COURT 520 (V 58 C 119) Criminal Appeals Nos. 233 to

235 of 1966 and 9 to 11 of 1967, dt. 9.3.70. It has been held as follows :

1. “ Before a public servant, whatever be his status, is publicly

charged with acts of dishonestly which amount to serious

misdemeanor and a first information is lodged against him, there

must be some suitable preliminary enquiry into the allegations

by a responsible officer. The lodging of such a report against a

person, specially one who occupied the top position in a

department, even if baseless, would do incalculable harm not

only to the officer in particular but to the Department he

belonged to in general. If the Government had set up a Vigilance

and Anti Corruption Department as was done in the State of

Madras and the said Deptt. was entrusted with enquiries of this

kind, no exception can be taken to an enquiry by officers of this

Deptt. but any such enquiry must proceed in a fair and

reasonable manner.

2. In ordinary Departmental proceedings against a Government

servant charged with delinquency, the normal practice before

the issue of a charge sheet is for some one in authority to take

down, statements of persons involved in the matter and to

examine documents which have a bearing on the issue involved.

127

It is only thereafter that a charge sheet is submitted and a full

scale enquiry is launched. When the enquiry is to be held for the

purpose of finding out whether criminal proceedings are to be

resorted to the scope thereof must be limited to the examination

of persons who have knowledge of the affairs of the delinquent

officer and documents bearing on the same to find out whether

there is prima facie evidence of guilt of the officer. Thereafter the

ordinary law of the land must take its course and further enquiry

be proceeded in terms of the code of criminal procedure by

lodging a first information report.

3. As soon as it became clear to such enquiring officer that the

Govt. servant appeared to be guilty of serious misconduct, it

was his duty to lodge a FIR and proceed further in the

investigation according to Chapter –IIV of the code. ( Para -24

and 25). We are not disposed to concur with the view that the

investigation under Chapter –IIV of the code stated as early as

15th April, 1964” ( The enquiry stated pursuant to the registration

of enquiry on 15.4.1964 and the first information report in PS

was filed on 27.6.1964).

II. Regarding issue of search warrants by a Magistrate when no

investigation, enquiry, trial or other proceedings under the Cr.P.C. is pending,

the relevant law in the matter is Section 93 Cr.P.C. ( i.e. Sec. 96 of the old

code). The provisions of Sec. 96 and 97 of the old code have been combined

in Sec.93 of the present code by lifting Sec. 97 ( old) and inserting the same

as sub-section (2) of Sec. 93 ( new) and renumbering sub-section (2) of Sec.

96 (old ) as sub-section (3) of Sec. 93 ( New.)

The Orissa High Court in “Kalinga Tubes Ltd.- Vrs. –D. Suri and others

and the Supreme Court in Md.Sirajuddin –Vrs- B.S. Mishra (Criminal ) Appeal

No. 158 of 1960) and F.S.K.Pillat-Vrs-Ram Krishna and others ( Criminal

Appeal No. 178 of 1978) have held that issue of such a warrant is legal and

well within the powers of a court. The relevant extracts are given below :

128

AIR 1953 – KALINGA TUBES LTD- VRS- D.SURI

4. It is true that the stage at which the search warrants were

issued, was only a kind of preliminary investigation by the police

outside the criminal procedure code. But the fact cannot be

ignored, that the moment the police officer is able to gather all

the materials, a proceeding under the Criminal Procedure code

is bound to be initiated.

xxx xxx xxx

5. While I am prepared to accept the view that the absence of the

word “Investigation” in Cl. (iii) of Sub-section (1) of S. 96

indicates the requirement of a higher and stricter standard for

general searches, I am not prepared to say, as a matter of law,

that a general search can not be ordered before an investigation

under Chapter –XIV of the Cr.P.C. has been commenced. In

view of the Privy Council case in I.L.R. 39 Cal. 953, it has been

conceded that the actual pendency of any enquiry by a court

under the code is not necessary to the validity of the issue of a

search warrant.

xxx xxx xxx

6. All that is necessary is that the court issuing the search warrant

should consider on reasonable ground, that the purpose of any

enquiry, trial or other proceeding under the code will be served

by a general search.

xxx xxx xxx

7. It would, therefore, not be correct to say as it contended before

us that the issue of the search warrant would be improper

merely because the stage of investigation under the Cr.P.C. had

not yet begun.

129

A.I.R. 1962 SUPREME COURT 759

Mahammad Sarajuddin … Appellant

Vrs.

B.S. Misra … Respondent.

Crl. Appeal No. 158/60

Para-12 :

The pendency of a proceeding before a Magistrate as a condition

precedent to the issue of a warrant is no longer a matter for consideration,

after the decision of the Privy Council in –

Clarke V. Brajendra Kishore Ray Choudhury

I.L.R. 39 Cal. 953 (PC) -13 Cr. LI.J. 693.

A Magistrate has thus jurisdiction the moment an application for

warrant is made before him and proceedings on that application can be said

to have started under the code.

Sd/- R.N.Das Special I.G.P. Vigilance

130

OFFICE OF THE DIRECTOR-CUM-DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE (VIGILANCE), ORISSA CUTTACK.

CIRCULAR ORDER NO.9 / 1986

Sub: Submission of ACIRs (Anti-Corruption Intelligence Report)

according to Proforma Prescribed.

It is seen that in absence of any prescribed proforma, the

Vigilance Officers are submitting A.C.I.Rs which are sketchy and do not

contain material informations as a result of which, it becomes difficult to

decide as to whether a secret verification will be ordered or orders for open

enquiry will be passed. In fact A.C,l.Rs should contain discreetly verified

correct informations basing on which either straight way an open enquiry or

registration of a criminal case can be ordered. To facilitate the submission of a

full proof A.C.I.R a proforma is circulated here with along' with instructions for

entries. All A.C.I.Rs hereafter should come in the format prescribed.

The A.C.I.Rs in respect of Class III and IV Govt. Servant should

be sent to Divisional Ss.P. directly. The A.C.I.Rs in respect of Class II

Government Servant and above shall be sent in name cover to the D.I.G.

Vigilance. Procedure to be followed for dispatch/postage of the A.C.I.R should

be, as mentioned under in the explanatory note.

Sd/- R.N. Das Director-cum-DG&IGP, Vigilance. EXPLANATORY NOTE FOR FILLING UP A.C.I.R.

These explanatory notes explain as to how each Column of the prescribed proforma for submission of A.C.I.Rs will be filled in.

Left hand top corner should contain the annual serial no. and

date of AC.I.R issuing from the reporting Officer.

SCURTINY CLASSIFICATION:

To ensure secrecy all A.C.I.Rs should be graded as under and written in the right side top corner of the A.C.I.R

131

(i) "Confidential" : For reports containing common matters of corruption. (ii) "Secret “ : For reports containing significant matters of

Corruption .. (iii) "Top Secret “ : Matter of heavy corruption at high levels which if revealed the success of trap search, verification etc., would be jeopardized.

All A.C.I.Rs should be sent by name in sealed cover by

registered post and those classified as "Top Secret" in double sealed cover

and duly in insured by name to the officer spelt out in the standing order.

RELIABILITY GRANDING OF A.C.I.Rs.

To know the authencity or reliability of the A.C.I.Rs, they should

be graded as 'A' or 'B' or 'C' as the case may be by the reporting officer, such

gradation should be indicated below the security grading as mentioned above.

'A' means that the information contained in the A.C.I.R. is

verified i.e. the matter has been seen or examined by the reporting officer

himself.

'B' means that the information contained in the A.C.I.R. is partly

verified i.e. the reporting officer has good reasons to believe the information's

and true but could not see the transactions or the relevant documents etc.

himself.

'C' means that the informations were collected from contacts

which the reporting officer has not verified. In this category of the A.C.I.Rs the

reporting officer should further expedite his verification report within shortest

possible time.

BRIEF ACCOUNT OF CORRUPTION:

Brief description of corruption with period of alleged transactions

(say misappropriation with the likely data or whether disproportionate with

assets case or violation of codal rules procedures etc. giving roughtly amount

involved) should be written brief in Col.2 of the proforma.

132

NAME:

Name of the suspect shall be clearly written in block capital

letters in full spelling under col.5 of the proforma along with other require

particulars.

FACTS OF THE CORRUPTION REPORTED:

The allegation (s) should be clearly spelt out giving verifiable

reference e.g. name, place amount, data etc. if possible to give a clear idea

about the reported transactions.

SUGGESTED PLAN OF ACTION:

The reporting officer should also propose step, how he would

proceed with the enquiry or investigation on receipt of the orders indicating

the likely dates for completion of the steps or stages of enquiry / investigation.

Points to be Works to be done. Within period to take proved.

(i)

Examination of the concerned officials

Within 3 days after receipt of orders.

(ii)

Requisition & preliminary examination of documents, files, plans etc.

Simultaneously with SI.(i) above.

(iii)

Submission of 1st P.R. which is also to give more4 detailed plan of action.

3 or 4 days.

(iv)

Verification of statements recorded.

Another 8 to 10 days

(v)

Visit to spots for identification, measurements assessments etc.

8 to 10 days

(vi)

Re-examination of earlier witnesses, examination of new documents & their seizure etc.

3 to 4 days

133

(vii) Submission of 2nd P.R. giving compliances to remarks if any received. Materials seized or verified if are not adequate the same should be indicated in the 2nd P.R. At this stage what steps are left out to complete the enquiry should be indicated.

4 to 5 days.

(viii) Further investigation search & seizure obtain, expert opinion as and remarks on the 2nd P.R.

6 to 7 days

(ix) Detailed report to be submitted 8 to 9 days. DIFFICULTIES APPREHENDED:

There might be certain difficulties in a particular enquiry/

investigation due to local reasons which shall be indicated under Col. 7 of the

peroforma.

ANY SPECIAL ASSISTANCE REQUIRED:

The reporting officer should also spell out specifically if he requires any additional or technical assistance expert opinion etc. under col. 8 of the proforma.

SUGGESTION OF REPORTING OFFICER IF ANY FOR OTHER ACTION

In Column-9 of the proforma, the reporting officer shall indicate

the relevant matter, if any, to be reported but not falling in any of the above

columns e.g. whether. it should be taken by any other E.O. or any cross

checking is to be done simultaneously else where by other E.Os etc. etc.

134

ANTI CORRUPTION INTELIGENCE REPORT

Security Classification: Confidential Secret Top Secret

Reliability grading: A or B or C 1. A.C.I.R. No._____________/Year. Dated ____________ 2. Brief account of corruption:

(with periods of transaction)

3. Name (a) Name in full with

correct spelling of the suspected officer(s)

(b) Approximate age (c) Designation (d) Department of which belongs to (e) Date from which posted (f) Earlier posting (g) Class of Government service (h) Local reputation (i) Style of living 4. Facts of the corruption reported

5. General reputation of Suspect (s)

6. Suggested Plan of Action

Points to be proved work to be done Likely period to take 7. Difficulties apprehended

8. Any special assistance required

9. Suggestion of reporting Officer if any for other action.

Signature of the Reporting Officer

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CIRCULAR ORDER NO.2/1995

Sub: Submission of monthly Progress Report in cases instituted by

Vigilance Police Station. With reference to the above cited subject this Circular is issued by

way of supplementing the Circular Order No.4/81 and in addition thereto. Ss.P.,

Vigilance are directed to submit monthly Progress Reports in all Criminal Cases

registered in their respective jurisdiction as per the proforma enclosed. It is desirable

that Ss.P. should acquaint themselves with investigation of all the Criminal Cases

and suitably guide the I.Os. with a view to improving quality of investigation. They

should expect each I.O. to meet them at least once a month alongwith up-to-date

C.Ds, 161 statements etc. in all cases pending with him. Ss.P. should look into the

case records, discuss the cases with the I.O. and give him suitable instructions. The

Progress Report should be neatly prepared and sent to the headquarters every

month under the signature of S.P.. A copy of the P.R. be retained in the Divisional

Office, one be sent to the Unit D.S.P. and one to the I.O. for necessary action. The

P.R. will not be entertained at the headquarters unless there is certificate from S.P.

as to receipt of up-to-date C.Ds. and 161 statements. It is expected that with constant

guidance and close monitoring, quality of investigation will improve and expeditious

disposal of cases could be ensured. Delay in submission of P.R. must be accounted

for in the P.R. itself. Detailed Report on investigation will not be accepted at Hqrs. for

the purpose of passing final orders without clear mention at the end of the said report

that up-to-date C.Ds. and 161 statements have been received at the Divisional office

and scrutinised.

Sd/- A.B.Tripathy Director-cum-D.G. & I.G. of Police, Vigilance, Orissa, Cuttack.

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PROFORMA OF PROGRESS REPORT.

1. P.R. No. & Date. : 2. Case No. & date of registration. : 3. Name of the Accused/Suspect. :

(a) Father’s Name (b) Status of the accused (c) Present posting and address (d) Date of retirement.

4. Offences. : 5. Name of the I.O. and date of taking

charge of the case. : 6. No. of witnesses examined :

(Progressive total be given in brackets) i.e. no of witnesses examined upto the previous PR+ no of witnesses examined during the month = total.

7. No. of documents collected/ seized : properties seized with M.R. Nos. (Progressive total be given in brackets).

8. Allegations. : 9. Developments. : 10. (a) No. of days I.O. spent on touring : & Night Halt made in connection with the

case during the period.

i) Dates of touring and night halts be indicated. ii) No. of days spent on investigation at the Hdqrs. iii) Reference of the corresponded CDs he furnished

with reference to the days on which I.O. investigated the case during the period.

iv) Progressive total of touring and night halts in connection with the case. (b) CD Nos. and dates on which the :

PR is based. (While giving the C.D. Nos. and dates,

date of the CD and date of its receipt in the Division office be separately mentioned). Progressive total of 161 statements received be indicated.

11. Pending Action/ what remain to be done with: Reference to the plan of action and subsequent points added.

12. Omissions if any pointed out by S.P. : 13. Additional points given by the S.P. : 14. For DA case Only- Whether the check period:

has been fixed ? If so, the period be indicated. Progressive total of assets, income, expenditure and D.A. be furnished.

I am to certify that I.O. has submitted up-to-date CDs and 161 statements of all the witnesses examined so far. Superintendent of Police, Vigilance

__________Division.

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CIRCULAR ORDER NO.1/1996 Sub: Instruction on submission of final forms by I.Os. It has come to our notice that some I.Os. are submitting a carbon copy

of Final Form without sending the original Final Form to the Court Office with up-to-

date CDs, 161 statements and all the relevant documents. Steps are being taken to

call for pending lists from the P.Is. to find out the discrepancies and take corrective

measures. With a view to ensuring submission of F.Fs alongwith complete case

records to the Court before showing the cases as disposed of in the Divisional

Headquarters. It is hereby ordered that F.Fs will not be received at the Divisional

Headquarters directly from the I.Os. All the I.Os. will be required to despatch the final

forms in triplicate, whether it is charge sheeted or finally reported, alongwith up-to-

date CDs, 161 statements and all other required documents to the Court Office. P.Is.

will not accept the original F.F. unless the case records are complete in all respects.

He should properly scrutinise the records before showing acceptance thereof and

return incomplete records to the I.Os. On receipt of complete records, P.I. will send

two copies of the F.F. to the Divisional Headquarters with a certificate therein that he

has received the complete case records. One copy of such F.F. will be forwarded to

Directorate by the Division. The cases will not be shown as disposed of in the crime

index at the Divisional Headquarters without getting the required certificate from the

P.I. in the carbon copies of the F.F. P.Is. should be called to the Crime Meeting for

comparison of G.R. with Crime Index maintained at the Divisional Headquarters.

Discrepancies, if found any, must be rectified as quickly as possible. Ss.P.are

directed to immediately start comparison of the G.R. with the Crime Index and

prepare a list of cases in which F.Fs. have not been submitted to the Court or

submitted without up-to-date CDs, 161 statements etc. In such cases responsibility

should be fixed and appropriate action taken against defaulters in addition to taking

suitable action to update the G.R.

It is needless to point out that officers of Headquarters while passing

final orders should satisfy themselves that I.Os. have complied to all the

requirements mentioned above in the Circular and Divisional Ss.P. have certified the

same.

Sd/- U.S.Mishra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

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CIRCULAR ORDER NO.3/1996 Sub:- Powers of Ss.P./ D.Is.G. / I.G./ Director in regard to initiation of

secret verification/ open enquiries / Criminal Cases and disposal thereof.

***** In supersession of all instructions issued earlier, the following procedure is prescribed with regard to initiation of secret verification/open enquiry / criminal cases and passing of final orders for disposal thereof. I.R.( Secret Verification) S.P. can order secret verification (I.R.) against any public servant with/or private person irrespective of their status and take final decision of such IRs. But on IRs initiated on the specific orders of the Directorate report should be sent to the Headquarters for final decision. The report should be put up to D.I.G./I.G./Director depending on whose orders the matter was referred to Division/Cell for verification. Open enquiry ( File enquiry). Divisional / Cell Ss.P. are competent to order open enquiry against all Class-III, Class-IV and Special gazetted government servants, their counterparts in the PSUs/other organisations and any private person, and take final decision on such enquiries. But in the file enquiries initiated on the specific orders of the Directorate, report should be sent to the Headquarters for final decision. The report should be put up to DIG/IG/Director depending on whose orders the matter was referred to Division /Cell for enquiry. D.I.G. is competent to order registration of file enquiry (open enquiry) against government officials upto Class-II and public servants of equivalent rank in PSUs/ other organisations and any private person. Such enquiries can also be disposed of at the level of D.Is.G. So far as officers of Class-I and above and officials of equal status in PSUs/other organisations are concerned, orders of I.G./Director will be taken for opening of such enquiry and disposal thereof. In the cases where members of Parliament, State Legislatures or any prominent person occupying a prominent position in the public life are involved or suspected to be involved prior approval of Director, Vigilance must be taken. Final decision in such cases will also be taken by Director, Vigilance. So far as Class-I officers are concerned, the existing instruction that prior approval of the Government will be obtained for initiating enquiry will continue to operate.

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Criminal Cases S.P. is competent to pass order to register criminal cases against Class-IV, Class-III and Special gazetted officials of State government and public servantsof equivalent rank in PSUs/ other organisations and private persons. But final orders in such cases will be passed by the D.I.G. So far as Class-II government officials and public servants of equivalent rank in PSUs/ other organisations are concerned, D.Is.G. are competent to order registration of criminal cases. D.I.G. also can take final decision in all criminal cases against Class-II government officials and officials of the equivalent rank in the P.S.Us. I.G./ Director, Vigilance will be competent to initiate criminal cases against Class-I government servants and officials of equivalent ranks in PSUs/ other organisations and pass final orders. Criminal cases involving members of the State Assembly or Parliament or prominent persons in public life could be initiated and finalised only with the orders of Director, Vigilance. Trap Cases. So far as trap cases are concerned, the general rules regarding criminal cases as mentioned above will be applicable subject to the following.

i) So far as Class-IV, Class-III and private persons are concerned, no prior permission is required, but D.I.G. should be informed immediately after the trap.

ii) Instead of waiting for written order, D.I.G. should be contacted over telephone or otherwise and clearance be taken before laying a trap against a Class-II government official or any public servant of equivalent rank.

iii) The result of the trap should be intimated to the D.I.G. immediately after execution of the trap.

iv) When any official of the rank of Class-I and above is to be trapped, the clearance of the I.G./Director should be taken through D.I.G. and after execution of the trap, Director/I.G./D.Is.G. should be kept informed about the result.

Criminal cases initiated on the specific orders of D.Is.G./I.G./Director could be finalised only after taking clearance from the authorities on whose orders such cases were started. It is to be remembered that the entire Vigilance Organisation has the sole job of enquiring and investigating cases under P.C.Act and a very few sections of the other Acts. Hence scrutiny and application of mind by senior officers and legal experts at every stage are the hallmarks of such enquiry/investigation unlike in general police who tackle emergent situations and vast array of laws, rules and Acts. The essence of such scrutiny is to ensure ultimately the conviction of the accused in the Court of law and not merely filing FIRs and charge sheets. Sd/- U.S.Mishra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

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ANNEXURE TO CIRCULAR ORDER NO.3/1996 No.10410(E)/Vig.Co(RA) Dated:2.12.99. To All Ss.P., Vigilance. While inspecting Berhampur and Bhubaneswar Vigilance Division

offices, it was noticed that confusion continues to exist regarding Information

Register. It has been clarified earlier during the Annual Conference that all the ACIRs

and petitions will be received in ACIR and petition Receipt Registers respectively.

S.P. has been given full power to take decision regarding verification of ACIRs and

Petitions. Once it is decided by the S.P. to verify a particular petition or ACIR, the

same will be entered in the I.R. i.e. Information Register. There after, it will be

entrusted to a particular officer for verification. It is hereby repeated that no petition or

ACIR, unless it is given an I.R. number, will be given to any officer for verification.

Any order received from the Hdqrs on a petition/ complaint/ACIR for verification

should be entered into I.R. first and then entrusted to any officer for verification.

Without clear order from the Hdqrs, S.P. should take his own decision on such

petitions/complaints/ACIRs and dispose of in the manner he likes. There is no need

to draw any pendency list in the ACIR and Petition Receipt Registers. I hope Ss.P.

will personally look into this matter and report if there is still scope for ambiguity.

Sd/- G.C.Nanda I.G. of Police, Vigilance, Orissa, Cuttack.

ADDENDUM TO CIRCULAR ORDER NO.3/1996 It has been decided that all files relating to the enquiries and criminal

cases in respect of Class-I officers or equivalent ranks in PSUs /other organisations

shall be put up to the Director, Vigilance through the respective Inspector General of

Police for registration order as well as passing final orders. Secret verification reports

in I.Rs. relating to Class-I officer or equivalent rank in PSUs and other organisations

will also be put up to Director, Vigilance for final orders.

D.Ss.P. Link Offices in Vigilance Directorate will keep a note and accordingly process the files. Sd/-B.B. Mishra, Director-cum-Addl.D.G. of Police, Vigilance,

Orissa, Cuttack.

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CIRCULAR ORDER NO.4/1996

Sub:- Time fixed for Secret verification/ open enquiry/ investigation and yardstick of performance of Vigilance officers.

**** In supersession of Circular Order No.2/80 this circular is issued regarding time limit for secret verification /open enquiry/ investigation and yardsticks of performance of Vigilance officers. Secret Verification On entrustment of any I.R. arising out of ACIR or complaint or petition or any order from the higher authorities, the Vigilance officers should take up secret verification promptly and submit the report within maximum 2 months, but when information relates to alleged possession of disproportionate assets, verification may take 4 months. Open Enquiry From the date of registration of open / file enquiry, the Enquiring Officer should take expeditious action to complete the enquiry within 4 months. If for any reason, the enquiry takes more than 4 months, it will be deemed as time barred. When the enquiry is time barred, monitoring from the Headquarters as well as Divisional Headquarters will be tightened. E.O. may be asked submit P.R. once a fort night. A fresh Circular regarding submission of P.R. in open /file enquiry is being issued separately. Investigation So far as criminal cases are concerned, duration of the investigation depends on the nature of the offence committed. It is, therefore, ordered that I.O. will complete investigatiion within the time prescribed below from the date of the registration of case till the submission of chargesheet after obtaining sanction where ever required. It is the job of the I.O. to obtain sanction by personal contact and his own sincere efforts. The list of time barred cases should be furnished in the Crime Review separately alongwith detailed review note of S.P. regarding the reasons of pendency. D.A. cases - 1 year Trap Cases - 4 months Other cases under PC Act./ IPC offences - 6 months E.C. Act Cases - 3 months If the investigation is not completed within the prescribed time limit, the case will be deemed as time barred calling for tight supervision and monitoring from the Divisional Headquarters as well as Directorate. P.Rs are submitted in all criminal cases once in a month. If the case becomes time barred. S.P. will be required to submit P.R. once a fortnight.

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Yardstick for Evaluation of Officer’s Performance The existing marking system as per the Circular Order No.2/80 is dispensed with. A Circular has already been issued from the Directorate vide Circular Order No.1/95 regarding fixation of targets. The targets have been fixed for each Division/Cell under the different heads of the works that have been assigned to this organisation. Performance of each Division is being assessed at Headquarters and observations communicated to Ss.P. of Divisions/ Cell once a quarter and again at end of the year. Ss.P. of the Division/Cell should fix target of each officer working under them keeping in view the targets of their Division/Cell. Performance of the officers should be assessed every quarter and again at the end of the year and Headquarters be kept informed. While writing the A.C.Rs of the officers, their assessments need to be taken into account. The officers doing good works should be amply rewarded and those who fail to achieve their given targets without any valid reason may be suitably dealt with. While assessing performance of the officers quality of their work also should be given due weightage. Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

CIRCULAR ORDER NO.5/1996 Sub: Submission of P.Rs in File enquiries. **** All instructions issued earlier in conflict with this circular stand cancelled and S.P. of each Division/Cell will please ensure with the issue of this circular that P.Rs in all file enquiries are submitted once a month after registration of the enquiries. The First Report should come immediately after registration of the enquiry alongwith the plan of action. E.Os are to be required to write E.Ds exactly like C.Ds in criminal cases. They will also record statements of all vital witnesses separately and take their signatures. Efforts should be made to complete the enquiry within 4 months as has been fixed in the Circular Order No.4/96. The P.R. will be prepared by S.P. after due consultation with the E.O. S.P. should call the E.O. once a month to the Divisional Office / Cell Office and review what he has done during the period under review with reference to E.Ds., documents, recorded statements etc. The P.R. will not be prepared unless and until up-to-date E.Ds and recorded statements are made available for the review. In the event of E.O’s failure to submit uptodate E.Ds and recorded statement, S.P. will send a report to the Directorate and simultaneously call for his explanation. The Directorate will take appropriate action against the E.O. on receipt of his explanation through S.P. A proforma for the P.R. is enclosed herewith for strict adherence. In time barred cases, P.Rs will be submitted once a fortnight. Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

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PROFORMA OF PROGRESS REPORT.

1. P.R. No. & Date. : 2. File No. & date of registration. : 3. Name of the Suspect officer. : 4. Allegation. : 5. Name of the E.O. : 6. No. of witnesses examined : Progressive total be given in brackets

i.e. number of witnesses examined upto the previous P.R.+ number of witnesses examined during the month = total

7. No. of documents collected/ taken charge : (Progressive total be given in brackets).

8. Developments. : 9. E.D. nos. and dates on which the P.R. is based. :

( while giving the E.D. & date of its receipt in the Division office be separately mentioned) Progressive total of statements received be indicated

10. Pending Action/ what remain to be done : with reference to the plan of action and subsequent points added.

11. Omissions if any pointed out by S.P. - 12. Additional points given by the S.P. -

I am to certify that E.O. has submitted up-to-date EDs and statements

of all the vital witnesses examined so far.

Supdt. of Police, Vigilance, ______________Division.

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CIRCULAR ORDER NO.6/1996 Sub:- Submission of S.P.’s report to Departmental Authorities for

obtaining sanction in Criminal cases and taking departmental action against officials involved in criminal cases/open enquiries.

All instructions issued earlier in conflict with this circular stand cancelled. All the Ss.P. of the Division/Cell are required to follow the procedure prescribed below in all cases of open enquiries/criminal cases while moving the departmental authorities for obtaining sanction for prosecution of the accused officials or for taking departmental action against them for various omissions and commissions. FILE ENQUIRIES: On completion of file enquiries, orders should be taken from appropriate authorities regarding the nature of action to be taken. The enquiry may end in recommending such action / DPT action or registration of criminal cases. Where no action is recommended, the matter is closed at our level without referring the same to the department. When it is referred to the department for taking such action as deemed proper/ regular departmental action either for major penalty or minor penalty or referred to the Government for DPT action S.P’s report should be submitted in the proforma enclosed herewith. Similarly, in criminal cases, the departmental authorities/ Government are moved for according sanction to prosecute the accused/taking departmental action/DPT action/ Such action as deemed proper depending on merit of each case. In these cases, Ss.P. will be required to submit a report in the proforma enclosed herewith in the shape of S.P.’s report. This report will be helpful to the concerned authorities for better appreciation of the background of the case and the evidence collected by the E.O./I.O. against the officials concerned for criminal prosecution or departmental action. S.P’s report will be duly signed by S.P. Since he is acquainted with the facts of the cases from the date of the registration till the completion of the enquiry, he is in a better position to prepare this report. I.O./E.O. should remain present at the time of preparation of the report and assist S.P. The following instructions should be carefully noted in connection with the preparation of the S.P’s reports.

a) The Report should be prepared with care due attention being paid to quality and presentation.

b) S.P.’s Reports should contain all useful and relevant information from Final Reports, but they should not mention. i. information of a departmental nature which is of interest to

Vigilance Officers only, for example, names of I.O.s dates of enquiries, references to routine orders, etc.

ii. controversial points on which different opinions may have been expressed by different officers of Vigilance. These differences have to be settled within the organisation and only one final opinion is to be forwarded to the outside authorities.

iii. minor points which do not materially affect the merits of the case.

c) The “pros” and “cons” of the case have both to be brought out, but this should not be done in a manner which is likely to confuse the issue or to raise doubts on the recommendations made.

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d) The explanations given and the defence pleas advanced by the

suspect/accused are to be mentioned in full and not briefly or in a concise manner. It is, also, necessary to indicate clearly, how they can be rebutted and explained. It is to be presented, analysed and discussed in this report in such a way so as to support the course of action suggested.

e) The exact amount of pecuniary advantage caused, overpayment

made in the case of purchases or construction work should be mentioned.

f) When sanction for prosecution is required, a draft sanction order

should be enclosed with the report.

g) When the departmental authorities/Government are moved for departmental action / DPT action, they should enclose (i) Calendar of evidence, oral & documentary (ii) Statement of suspect/accused person(s) (iii) Lapses in enforcement of existing regulations and suggestions (iv) Draft charges, statement of allegations, List of witnesses and documents. Where S.P. is passing the final order at his level on file enquiries/criminal cases, he can directly move the concerned departmental authorities for initiation of departmental action or accordingly sanction for prosecution marking a copy of the report to the Directorate. In other cases, where orders are taken from Headquarters for disposal, the S.P.’s report in duplicate should be sent to the Directorate for necessary scrutiny and onward despatch to the concerned authorities retaining a copy at the Headquarters.

h) In departmental proceedings, charges would necessarily involve negligence, irregularities, breaches of departmental rules, disobedience of orders or instruction, misconduct or unfitness for service. The draft charges should, therefore, be based on these and should not mention specific offences under the I.P.C. or other criminal laws.

i) The departmental rules or Circular orders infringed should be quoted in the statement of allegations, and a copy of the orders should accompany the S.P.’s report.

It should be clearly mentioned in the forwarding report that the S.P.’s reports are privileged documents and as such must not be referred to in any departmental enquiry/ trial. These reports are sent to the concerned authorities for their own consumption in order to properly appreciate the case before according sanction or taking departmental action against the officials. This report must not be cited as an exhibit in any departmental enquiry or parted with without specific clearance from the Vigilance. Ss.P. will ensure that S.P’s reports are prepared promptly on completion of enquiry /investigation and Directorate should monitor despatch of S.P.’s report to the authorities concerned. During quarterly crime review, this matter should be looked into by Ss.P./D.Is.G. Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

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ORISSA STATE VIGILANCE. SP’S REPORT PROFORMA IN CRIMINAL CASES /OPEN ENQUIRIES.

*****

S.P.’s Report No._______________ Dated______________ 1. Case No. & date of registration. : 2. Sections of Law. : 3. Place & date of occurrence. : 4. Complainant /Source Information. : 5. Suspects/Accused persons. :

a) Name in Full ( with parentage) b) Aliases, if any. c) Address.

i. Present ii. Permanent

d) Designation/status and pay scale. e) Min/Deptt. in which the suspect/accused

is working. f) Date of retirement. g) If arrested, whether in judicial custody,

on bail or absconding. h) Whether suspended, if so the date thereof i) If suspended, whether by Deptt. suo-motto

or on the recommendation of the Vigilance. j) Disciplinary authority.

6. Investigating Officer. : 7. Back ground of the case. : 8. Allegations. : (All allegations taken up for enquiry

should be mentioned serially and referred to be the same serial number throughout the report.)

9. Allegations not substantiated: (The serial numbers of allegations only

need be mentioned. No discussion is necessary in regard to these allegations.)

10. i) Allegation on which investigation/enquiry :

was conducted.

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ii) Result of Investigation/enquiry. : (Discuss evidence, oral & documentary

against each suspect/accused.)

iii) Explanation /defence of suspect /accused : Persons.

iv) Arguments to rebut the explanation/

defence of suspect/ accused persons : v) Discussion of evidence both against and

for the suspect / accused person.

v) Conclusion whether the allegation is :-

a) Proved against each of the suspect/accused b) Doubtful or not fully proved. c) Not substantiated or proved to be false.

N.B. : Cols. (i) to (vi) above should be completed in respect of one allegation before taking up the next allegation.

11. Final Recommendations. :

i) Prosecution. ii) Departmental Action. iii) To be referred to the concerned

authority for such action as may be considered appropriate.

iv) To be closed and dropped for lack of proof.

N.B. :- 1. In cases where sanction for prosecution is to be obtained, the Draft of the sanction order should be attached. 2. In case where departmental action is recommended, Draft Charges,

Statement of allegations, List of Witnesses and documentary exhibits in respect of each suspected / accused persons should be attached separately.

Encl. : 1. Calendar of Evidence, Oral & Documentary.

2. Statement of suspect/accused person(s).

3. Lapses in enforcement of existing regulations and suggestions.

4. Draft Charges, Statement of allegations, List of witnesses and documents.

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CIRCULAR ORDER NO.7/1996 Sub: Opening of Malkhana in State Vigilance Headquarters and

Divisional Headquarters for safety and proper preservation of documents/ records and other valuables taken charge of /seized during enquiry/ investigation.

A property register is being maintained in Police Manual Form No.18 in Squad Offices. For safety and proper preservation of documents/records and other valuables taken charge of during enquiry and seized during investigation, it is now felt necessary to maintain a Central Malkhana at Vigilance Headquarters, for Cell and at Divisional Headquarters for Squad Offices/ Unit Offices in C.B.I. pattern. The following Registers will be maintained in Malkhana.

1. Malkhana Register/Property Register. 2. Index Register. 3. Temporary movement registers. 4. Original case diary Register. 5. Invoice Register. 6. Cash and Jewellery Register.

After seizure of property in a Criminal case or taking charge of property in open enquiry I.O./E.O. produce the articles before the O.I.C. of Malkhana with three copies of seizure list/receipt Memo. After making necessary entries in Malkhana Register and Index Registers, O.I.C. will keep a copy with him and send one copy each to the Court and I.O. giving reference of Malkhana Register. Prescribed columns of these two registers are given below: The Malkhana Register and Index Register will be maintained in the following proforma. MALKHANA REGISTER 1. Sl. No. 2. Date of entry. 3.Date and place of Origin. 4. By whom seized or deposited in Malkhana 5. Case No. with date. 6. Details of Property. 7. Date of disposal of Malkhana item.

8. R e ma r k s.

INDEX REGISTER

1. Sl. No. 2. Case No. with dates, name and address of accused. 3. Ref. of Malkhana Register No. 4. Name of the I.O. /P.P. 5. Remarks i.e., particular Almirah/rack where the documents are

kept/Court case/Departmental Action with the present location of the documents in movement.

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When the I.O. /E.O./ Sr. P.P./P.P./ others feel the necessity of such documents they get them from O.I.C. Malkhana through Temporary Movement Register. The prescribed headings of this register are given below. TEMPORARY MOVEMENT REGISTER

1. Sl. No. 2. Case No. and date 3. Malkhana register No. 4. Date of handing over of documents to E.O./ I.O./ Spl. P.P. etc. 5. Purpose of taking such documents. 6. Name of the I.O./E.O./Sr.P.P./P.P. who received the documents. 7. Signature of the concerned persons i.e. I.O./E.O./Sr.P.P./P.P. etc.

who received documents. 8. Signature of I.O./E.O./P.P./Sr.P.P. while returning the documents

of Malkhana. 9. Signature of O.I.C. Malkhana after getting the documents at

Malkahan. 10. Date on which documents have been returned.

ORIGINAL CASE DIARY REGISTER On completion of investigation, I.O. deposits original C.Ds with O.I.C. Malkhana for its safe custody and further follow up action. Followings are the columns :-

1. Sl. No. 2. Case Ref. 3. Name of I.O. who deposited the case diaries. 4. Details of C.Ds 5. Signature of O.I.C. Malkhana.

CASH AND JEWELLERIES REGISTER :- Hard cash/ jewellery related to Trap /D.A. cases are entered in this Register by O.I.C. Malkhana and handed over to S.O.(Accts) of the office for safe custody in an iron chest kept in the Malkhana Room. Since the key of Malkhana room is with O.I.C. Malkhana and the key of iron chest with S.O. accounts, automatically the cash and jewelleries are practically under double locks. The headings of this register are given below:- 1. Sl.No. 2. Case No. & M.R. No. 3. Description of Cash /Jewelleries in details 4. Circumstance of seizure. 5. Value of such property.

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INVOICE REGISTER On receipt of orders from Court/ Competent Authority to return the articles to the persons from whom the same were seized or to hand over for departmental proceeding etc. O.I.C. Malkhana will send these articles in an invoice through a special messenger. The headings of the register are given below.

1. Sl. No. 2. Invoice No. with date. 3. To whom sent. 4. Case ref. with M.R. items. 5. Date of delivery of documents. 6. Date of return of invoice to Malkhana. 7. Name and designation of Special Messenger with his signature

and date. Documents are kept separately in bundles wrapped in red cloth in the racks with neatly written label bearing M.R. No. and case No. The documents are kept yearwise. The OIC Malkhana will hold his office inside the Malkhana room. 6. Staffing Pattern :- The Malkhana of Vigilance Directorate will be manned by 2 S.Is. and

2 Constables. Similarly the Malkhana of the Divisional Headquarters will be manned

by one S.I./A.S.I. and two Constables.

Malkhana register in the prescribed proforma should be maintained in the office of the S.R.D.P.T. Malkhana register now maintained in P.M. form No. 18 in Squad Office / Unit Offices will continue. The necessary documents in criminal cases chargesheeted need to be sent to the concerned Court alongwith the charge sheet. But in the cases referred to the Deptt./D.P.T. for initiation of departmental enquiries / such action, the documents/ records may be made available for the purpose of enquiry as and when required. In the cases ending in final reports the documents/ records be retained in the Malkhana till acceptance of the FRs and orders for disposal of such papers. The records/documents taken charge of in enquiries and seized in criminal cases which are still pending should be sent to Malkhana for safe preservation and further action. The Malkhana should be opened within a month from the date of receipt of this circular. Sd/- U.S.Misra. Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

151

CIRCULAR ORDER NO.1/1997 Sub: Publicity in the Press of important Vigilance detections / trap

cases / important raids etc. On the above cited subject, a circular was issued from the Vigilance

Headquarters vide Circular Order No.3/95 with instruction to all Ss.P. of the

Divisions/ Cell to pass on information about important Vigilance detections to the

Hdqrs. for the release of press notes for information of the public. In continuation of

the above cited circular it is further ordered that all the Ss.P. of Divisions/Cell are

authorized to promptly release press notes of brief the press about important cases

detected raids, checking etc. without commenting on the cases detected or raids /

checking conducted, only factual reports need to be given to the press with due care

and caution. This circular is intended to ensure that good work done by the State

Vigilance is brought to the notice of the members of public without loss of time and

preclude distorted news getting published in the newspapers by misinformed press

reporters. However, in accordance with the Circular Order No.3/95 Ss.P. will continue

to keep the Hdqrs. informed with utmost promptitude about all good works done so

that a consolidated press note could be released if it is so required. A copy of the

press note or gist of briefing to the press should be transmitted to the Hdqrs. as

quickly as possible.

Sd/- Director-cum-I.G. of Police, Vigilance,

Orissa, Cuttack.

152

CIRCULAR ORDER NO. 2/1997

Sub:- Quarterly Review Meeting at Vigilance Headquarters, Cuttack.

…

Every quarter a meeting will be held at Headquarters to review all

matters pertaining to crime, administration and other miscellaneous matters relating

to State Vigilance. All the officers of the rank of Addl. S.P. and above will attend the

meeting which will be presided over by the Director, Vigilance himself. All the Ss.P of

the Divisions, S.P. and Addl. S.P. Cell will come prepared along with relevant

information particularly on time barred I.Rs, File enquiries and Criminal cases.

Matters relating to administrative financial or any other important matters can also be

discussed. This meeting will be held on the last Friday of January, April, July and

October. In the even of the last Friday being a holiday, the meeting will be held on

the next working day. This Circular will come into force from the date of issue.

Sd/- Director-cum-I.G of Police, Vigilance, Orissa, Cuttack.

153

CIRCULAR ORDER NO. 1/1998 Sub:- Prior permission for registration of cases under E.C. Act and

Food Adulteration Act. Instances have come to the notice of the Headquarters that some

officers of the State Vigilance instead of concentrating on Anti-corruption work prefer

to give priority to checking of shops dealing in Essential Commodities and Food

items and Registration of cases under E.C. Act and Prevention of Food Adulteration

Act. No doubt, the State Vigilance has been empowered to take action under the

aforesaid two Acts in addition to Prevention of Corruption Act, Drug Control Act and

Motor Vehicle Act etc. Some how, shifting emphasis for anti-corruption work to

checking of shops dealing in essential commodities or food items dilutes our primary

objective i.e. prevention and detection of Corruption by Public Servants.

It is, therefore, felt necessary that our officers should be suitably

briefed by Ss.P. regarding the very objectives for which this Organisation has been

created and accordingly the officers should rise to this occasion to further improve

the image of the State Vigilance. Hence-forward, ordinarily the cases under Essential

Commodities Act, 1955 and Prevention of Food Adulteration Act, 1954 should not be

taken up but in some occasions such cases could be taken up in the public interest

depending on gravity of the offences with prior permission of the respective D.Is.G

Vigilance. In urgent cases, clearance could be taken by Ss.P. over telephone.

Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

CIRCULAR ORDER NO. 1/1998(A) Sub: ADDENDUM TO CIRCULAR ORDER NO. 1/1998,

PERTAINING TO TAX EVASION CASES. As per the earlier instructions issued from this Directorate, the officers of this organisation were advised to obtain prior permission of the respective D.Is.G., Vigilance in registering cases ordinarily under E.C. Act, 1955 and Prevention of Food Adulteration Act, 1954. Likewise, it has been felt necessary that, while dealing with Tax Evasion cases, prior permission is to be obtained from the concerned D.Is.G. by the Divisional Ss.P., Vigilance in similar manner. Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

154

CLARIFICATION ON CIRCULAR ORDER NO.1/1998(A)

Sub:- Delegation of Power, authorising Ss.P. Vigilance Divisions to

accord prior approval of the tour programme of S.T. Wings-Vigilance Divisions.

Instruction was issued in this Directorate Circular Order No.1/98 requiring the Sale Tax Squads attached to Divisional Ss.P., Vigilance to obtain prior permission from the concerned D.Is.G. to conduct raids to detect tax fraud cases. Though this instruction was issued with a good purpose, it at times resulted in delay in execution of the work and created hindrance to achieving the targets. After careful consideration of the matter, it has now been decided to revoke the Circular Order No.1/98(A) on the aforementioned subject and to revert to the old system of empowering the Division Ss.P. Vigilance to approve the tour programme of the Sales Tax Wing attached to their Divisions. However, while approving the programmes, the Ss.P. Vigilance should satisfy themselves about the likely fall-outs of each operation and remain prepared to meet any eventuality unflinchingly. In all sensitive operations, however, they should keep this Directorate informed in advance and seek help and guidance where necessary.

Sd/- S.K.Chatterjee D.G. & I.G. of Police, Vigilance, Orissa, Cuttack.

GOVERNMENT OF ORISSA, GENERAL ADMINISTRATION (VIGILANCE)DEPARTMENT, CUTTACK.

RESOLUTION NO.7182/V.CO(RA) DATED, THE 10TH DECEMBER, 1998 The review of the present practice of the complainants providing the money towards bait for trapping corrupt public servants and waiting for its refund till disposal of the case by the Court has been under the consideration of the Government for sometime past. After careful consideration, Government have been pleased to decide that an amount equivalent to the money paid by the complainant or informant shall, on application, be refunded to him by or under the orders of the Director-cum-I.G. of Police, Vigilance, Orissa and an acknowledgement of refund obtained from him in the form prescribed (Annexure-A). Government have been further pleased to decide that Director-cum-I.G. of Police, Vigilance shall be competent to make provision in the budget every year under the appropriate head of account viz. Demand No.-2-2070-OAS-104-Vigilance-2000000-Other Charges-0025780-Trap Money and to credit an equivalent amount under the said head of account on realisation from the Court. This order issues with the concurrence of the Finance Department vide their U.O.I. No.2002-AS(M) dated 2.9.98 read with U.O.I.No.4398 PSF. dated 16.11.98 BY ORDER OF GOVERNOR Sd/- SPECIAL SECRETARY TO GOVERNMENT.

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CIRCULAR ORDER NO.2/1998 Sub:- Instructions regarding Trap Cases. In a trap case of the C.B.I. i.e. H.D.Sharma-Vrs-State Cr.L.J.1971 Page 1620, Delhi the investigation was adversely viewed by the High Court on the ground that the Investigating Officer and the Police Officer who laid the trap were one and the same person and this circumstance deprived the accused of the opportunity to cross examine effectively the Police officer who laid the trap in the absence of statement of such officer under section 162 Cr.P.C. It is therefore, decided that the officer who lays the trap should not himself investigate the case, hence the officer who lays the trap, becomes an important witness in the case. Therefore, it is advisable that after the trap is laid the investigation should be entrusted to other officer by the Divisional S.P., Vigilance. The I.O. shall of course, examine the officer who lays the trap as a witness U/s 161 Cr.P.C. In a case, where it is not possible for another officer to take up the investigation immediately, the officer who lays the trap may continue the investigation, if it can be deferred, and should hand over the investigation to other officer as soon as the latter is entrusted the job. Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

CIRCULAR ORDER NO.3/1998 Sub:- Instructions to accord Sanction for Prosecution. The Supreme Court in Writ Petition (Criminal ) No.340-343 of 1993, Vineet Narain and others – Vrs.- Union of India and another, has given the following guideline vide Judgement dated 18.12.1997:- “Time limit of 3 months in grant of sanction for prosecution must

be strictly adhered to. However, additional time of one month may be allowed, where consultation is required with the Attorney General or any other Law Officer in the A.G.’s office.”

In view of the above judgement of the Apex Court, it is, therefore necessary and advisable that, for launching prosecution against a public servant, as per provision Under Section 19 of the Prevention of Corruption Act, 1988 as also Section 197 of the Cr.P.C., the prosecuting Authority must have the previous sanction of the competent authority, in order that the Court concerned can take cognizance of the matter. This order of Judgement of the Supreme Court should be strictly followed. Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

156

CIRCULAR ORDER NO.4/1998 Sub:- Computerisation of information on criminal cases and file

enquiries. State Vigilance is having its own computers at the Vigilance Hdqrs. Often Government make reference to Vigilance Directorate regarding involvement of public servants in Vigilance enquiries/ investigations while considering promotion, deputation etc. of such officials. In this regard computer has been of great help to the Directorate in furnishing relevant information to Government as and when required. The existing arrangement in regard to collection of information about officials involved in criminal cases/file enquiries and supplying the same to the computer section of the Directorate is considered unsatisfactory. Updating of input forms for the purpose of computerisation is often neglected in the absence of a methodical arrangement to collect relevant data from the Divisions at different stages of investigation/enquiry and trial. With a view to ensuring timely submission of relevant data by the Divisions, the following 3 forms have been printed and despatched to Divisional Hdqrs.

a) Form No.1 relates to data to be submitted immediately after initiation of a criminal case or a file enquiry.

b) Form No.2 relates to relevant information to be furnished on completion of investigation/ enquiry.

c) Form No.3 pertains to results of trial/departmental enquiry. Ss.P. of all the Divisions are required to brief all the officers working under them regarding the importance of such information and manner in which they will fill up the forms. The concerned S.Os. of Crime and Secret Sections will collect the relevant information from the IOs/Eos in respect of form No.1 and No.2 and from PI/State Representatives in the O/o C.D.I. in respect of form No.3 and despatch the same to the Hdqrs on time. Form No.1 will be sent alongwith the F.I.R. in criminal cases as well as file enquiries, form No.2 alongwith final form in criminal cases and on receipt of order from appropriate authority in the file enquiry and form No.3 alongwith final memo in criminal cases. On receipt of these forms at the Hdqrs. the concerned S.O. of Crime Section/Secret Section will pass on these forms to the S.O., Index Section where necessary Card Indexing will be done. Thereafter, S.O., Index will pass on these forms to the officer in charge of Computer for necessary action at his end. Latter will see that the information furnished through input forms are fed to computer within 7 days of receipt and necessary endorsement made in the forms to that effect. He will return the same to the concerned S.O. crime section for keeping these forms in the concerned case records for future reference. S.Os are also required to keep the officer in charge of Computer informed about disposal of appeals in the criminal cases as well as departmental enquiries through Index Section. They are strictly instructed not to accept the F.I.R., Final form and Final Memo if the input forms are not furnished by the Divisions with complete information as per prescribed column. So far as Cell cases are concerned, the concerned S.Os. of Cell-I and II will clearly write Cell - I or Cell – II as the case may be on the top of the forms in red ink. Accordingly officer in-charge of computer will feed the computer. This circular will be given effect from 1.1.98. Sd/- Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

157

CIRCULAR ORDER NO.5/1998

Sub:- Assessment of buildings etc. by the Technical Wing and

Cooperation from I.Os /E.Os. Instances of abnormal delay in assessment of buildings particularly in

D.A. cases and submission of reports by the Technical Wing came to the notice of

Vigilance Headquarters. Executive Engineers of Technical Wing are advised to

ensure that assessment of buildings etc. is done as quickly as possible and reports

are submitted within a month. In some cases delay is attributed to failure of the

I.Os/E.Os in furnishing the required information /data to the Technical Wing before

assessment is taken up. Mere despatch of a requisition to the Technical Wing is not

enough. I.Os./E.Os. are required to furnish all the relevant information about the

building, structure, roads etc. to be assessed which will accompany the requisition as

per the form enclosed herein. As regards data of construction, I.Os./E.Os. must make

a thorough enquiry by contacting the local authorities who are competent to sanction

plan, GRIDCO authorities and people in the neighbourhood. A building or structure

may be constructed over a period in phases and as such date of construction of each

phase is to be intimated to the Technical Wing. Besides, I.Os/E.Os. will make all

possible efforts to find out the relevant papers regarding construction. The Technical

Wing will not take up assessment unless they are fully equipped with the relevant

data/information.

In some cases, accused have taken the plea that construction was

made subsequent to the search and as such, such construction should not be taken

into account while assessing the building. In order to rule out possibility of such a

plea, a spot map should be prepared at the time of search, duly signed by the

accused and witnesses about nos of rooms, bath rooms, type of flooring etc. If

possible, assistance of a technical person preferably from P.W.D. or any Engineering

Organisation of the State Government should be taken. I.O. will see that he himself

and the accused remain present at the time of assessment. In case there is any

difficulty, they should keep the Technical Wing informed well in advance, otherwise

their scheduled programme will get upset. Ss.P. of the Divisions/Cell will please

ensure that full co-operation is given to the Technical Wing in such matters.

Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance,

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Orissa, Cuttack. FORM OF REQUISITION TO TECHNICAL WING (G.A.VIGILANCE DEPTT) CUTTACK.

1) Reference to Vigilance Case/ File No. : 2) Brief notes mentioning specified points about the work for which report/opinion is necessary. : 3) Nature of Work. : 4) Magnitude of work involved Rs. : 5) Whether evidence of work are available. : 6) Year of execution of work. :

a) Ground Floor i) Foundation & Plinth ii) Superstructure iii) Finishing

b) First Floor:- i) Structure ii) Finishing

c) Subsequent floors d) Compound wall/ out house

7) Whether any further work has been executed over the work : 8) Situation of work. : 9) Nearest I.B. to the work site. : 10) Approximate distance of the work spot. : 11) Details of records taken charge by I.O./E.O. : 12) Any other points are required to be checked. : 13) Any other circumstances which will be helpful in the enquiry may be mentioned. : Signature/Designation of the I.O./E.O.

159

CIRCULAR ORDER NO. 6/1998 Performance and out-turn of Officers of Vigilance Organisation will be assessed basing upon the contribution of verified, authentic and genuine A.C.I.Rs of high quality against Gazetted Officers and collection of Anti Corruption Intelligence relating to different schemes which are under operation like, D.R.D.A, Jawahar Rojgar Yojana, Indira Awas Yojana etc. at the Block Level and Government Departments which are prone to corruption.

In order to make the Vigilance work more effective and to have the desired impact against corruption it is imperative to give priority to the corrupt prone areas of the Public Sector Undertakings and Government Departments.

The Squad Officers of each Division and the Investigating Officers of

Vigilance Organisation should prepare an accurate, verifiable and authentic list of officers of doubtful integrity and submit the list to their S.P, Vigilance once a year. This list should cover all officers of Public Sector Undertakings and Government Departments operating in their respective jurisdiction and shall be confined to the officers only. Such officers may be covered by secret surveillance by the Vigilance unit and credit shall be given to Vigilance Officer who can book them in Anti Corruption cases appropriately.

Sd/U.S.Mishra, Director-cum-I.G of Police,

Vigilance, Orissa, Cuttack.

THE ORISSA VIGILANCE POLICE GAZETTE, AUGUST 17,1998 OFFICE OF THE DIRECTOR-CUM-I.G. OF POLICE, VIGILANCE, ORISSA,

CUTTACK.

No.4370/V.CO(A) The 4th July 1998 To The Superintendents of Police, Vigilance, Cuttack Division, Cuttack/ Bhubaneswar Division, Bhubaneswar/ Berhampur Division,

Berhampur /Sambalpur Division, Sambalpur/ Balasore Division, Balasore /Cell/ Additional S.P.Cell.

Sub:- Transfer of Public Servant involved in investigation/enquiry of D.A.

cases. In all cases of enquiry / investigation of allegation relating to disproportionate assets where house search of official/officials is conducted, the appropriate authorities may be moved for transfer of such officials. On receipt of details of such search from concerned Superintendents of Police a consolidated report is now sent to Government regarding house search and resultant recoveries. such intimation will invariably contain a proposal to the Government to transfer the concerned officials whose house were searched unless a decision is taken by the concerned D.I.G. not to press for such transfer for the reasons to be recorded in the file. So far as suspension is concerned instruction has already been issued vide Hdqrs. letter No.8901, dated 3.11.1997. Sd/- DIG of Police, Vigilance, Orissa, Cuttack.

160

CIRCULAR ORDER NO.1/1999 Sub:- Registration of miscellaneous criminal cases under Prevention

of Corruption Act and analogous provisions of the Indian Penal Code.

Earlier reference :- Vigilance Circular Nos.1/98, 1/98(A) & Standing Order No.4/98. After promulgation of the above Circulars, Registration of I.Rs., File

enquiries have substantially come down and the emphasis is more upon registration

of Disproportionate Assets and Trap cases. Meanwhile, it has come to notice that

Investigating Officers investigating D.A. cases have spare time in hand after initial

actions i.e. house search, accused examination, F.I.R. Registration and despatch of

requisitions to various quarters are over. It is felt that this time can be fruitfully utilised

by registration of quality cases of misappropriation, bungling relating to provisions of

P.C. Act as well as I.P.C.

File enquiries have been reduced to manageable levels in the

meantime and most of the old files have been closed. It is to be ensured that steps

are taken to timely complete file enquiries leading to registration of criminal cases

referred to above.

Divisional Ss.P. have been given overall targets as well as targets with

regard to trap and D.A. cases. It shall be their responsibility to ensure that during the

lean period the I.Os. are effectively utilised in pursuing files leading to enquiries,

registration and investigation of criminal cases on the above lines. In a nutshell while

indiscriminate registration of I.Rs., files are dis-couraged it should be ensured that

deserving complaints/reports are taken up for file enquiry, quickly processed and

criminal cases are registered.

Sd/- U.S.Misra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

161

CIRCULAR ORDER NO.2/1999 Sub: Maintenance History sheet in case records. It is noticed that investigation of disproportionate assets cases are

being inordinately delayed for lack of systematic approach by the investigating

officers. The Investigating Officers are unable to furnish promptly the bio-data of the

suspect officers and details of properties owned by the suspect officers. It is,

therefore, necessary that these relevant details be kept in a format which will serve

as ready reckoner during review of progress of investigation. The format will help the

I.Os. attend to the investigation of such cases systematically and monitor receipt of

replies from different quarters to whom requisitions were sent. It is, therefore, directed that history sheet of the suspect officers in the

prescribed format enclosed, be maintained in the case files of disproportionate asset

cases. The Divisional Superintendents of Police shall ensure that the format is duly

filled in by an I.O. soon after registration of a case and progressively filled in with

details with reference to Case Diaries etc. as required in the format. A similar format

should also be maintained in the case file of the Divisional Office which should be

progressively updated before the monthly review of the cases and submission of

progress reports. In all D.A. cases which are pending investigation at present, such

history sheets must be maintained in the case records of the I.Os. and also in the

case file of the divisional offices which will help the I.Os. and the divisional Ss.P. not

only to monitor receipt of compliance from different authorities but also to expedite

progress of investigation. A photocopy of the history sheet be sent alongwith the 5th

P.R. to this Headquarters Superintendents of Police shall ensure that the Circular is

implemented with immediate effect and compliance reported within one month. Ss.P.

are, however, at liberty to furnish additional information, if any, to the headings given

in the format. Please note that final orders will not be passed in any case without

receipt of up-to-date history sheet along with the detailed report.

Sd/- S.K.Chatterjee Director-cum-D.G. & I.G. of Police, Vigilance, Orissa, Cuttack.

162

HISTORY SHEET OF SUSPECT OFFICER IN DISPROPORTIOANTE ASSETS CASES.

1. Case No._________ Dt.________ Check period from _______ to ________ 2. Name of the Suspect Officer _________________________________________

a) Status-Class-I, Class-II, Class-III, Class-IV____________________ b) Present official position_______________________ ____________ c) Salary ________________________________ _________________ d) Date of retirement______________________________________

3. Present Address of Suspect Officer :___________________________________ 4. Father’s Name _____________________________________________ 5. a. Mother’s Name_____________________________________________

b. Name of wife_____________________ Date of marriage. __________

6. Name of other brothers and sisters :-

Name Present Age

Married/ Unmarried

Date / Year of marriage

Present avocation

I. II. III. IV. V. VI. 7. Permanent Address :- I. Village ________ __ II. P.O.______________________

III. P.S._________________ ______ IV. Dist:____________________________

8. Property owned by father.

a. Land

Location Extent/ Area

Type of land

Date of Acquisition.

Purchase value

Report of Technical Wing.

I. II. III. IV.

b. Building

Location

Plinth Area.

Year of Acquisition.

Eye assessment.

Technical Wing assessment

I. II.

163

c. Movable assets.

Type Date of acquisition Purchase price. I. II. III.

9. Details of child/children of the S.O.

Name

Age Married or not / date of marriage

Present avocation

Address

I. II. III. IV. V.

10. Date of entry to Government Service:-

Place of posting Designation/ post held. From To I. II. III. IV. V. VI. VII. VIII. IX. X.. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX.

11. Property/assets owned by the Suspect Officer.

a. Agricultural Land :

Location Area Type of land

Year of acquisition.

Purchase Value.

Mode of acquisition.

I. II. III. IV. V.

b. Homestead Land I. II. III. IV. V.

164

c. Building:

Location Area Year of construction.

Value Source of Income.

I. II. III.

12. Suspected Benami property:

Details Holder’s Name & Relation with the

accused.

Whether proved or not

a. Agriculture b. Homestead. c. Bio-data d. Movable assets.

Type Purchased price Year of acquisition I. II. III. IV. V.

e. Benami Movable Assets:-

Savings:

Type Name of holder &

relation with the accused.

Date of savings/ acquisition.

Amount Present Value

I. II. III.

13. Property statement:

a) Property statement

Year and date of submission Intimation/ permission regarding property

transaction.

Details of property indicated.

I. II. III.

b. Intimation/permission

Date of Despatch Details of property Whether permission

received or not. I. II.

165

14. Details of loans availed in the name of self or family members :-

Name of Loanee Date Repayment details. Interest I. II.

16. Details of gifts etc. received:

Name of receiver Nature of property.

Value Whether intimated to appropriated authority or

permission taken. I. II. III.

17. Details of Income Tax returns if filed:-

Financial Year Amount paid

I. II. III.

Head To whom Sent Sent

C.D./Date Received C.D./Date

Remarks

Pay including GPF details and Loans.

Agricultural income

House rent received.

Other Income

Income Tax details.

166

Head To whom Sent Sent C.D./Date

Received C.D./Date

Remarks

Technical Valuation

C.B.I. proforma B.O.S.E. /

Statistical Section. Bank Post Office Shares Govt. security Insurance

premiums Non-Govt. loans Educational

Expenses House rent paid Electric/ water/

Telephone charges.

M.V./Registration/ Road Tax/ Maintenance

Head To whom Sent Sent

C.D./Date Received C.D./Date

Remarks

Land cess Holding Tax Stamp Fees Regtn. Fees Licence Fees Int. from Loan Medical Expenses Locker Fees

Marriage/ Other social function

Repair /maintenance of buildings Others

Others & extra space which requires more requisitions.

167

CIRCULAR ORDER NO.5/1999

Sub: Instructions to expedite trial of cases pending in Vigilance Courts.

It is noticed that trial of Vigilance cases is taking a very long time and, consequently the annual disposal of the cases in the courts is not up to the mark considering the total number of cases pending trial in the Vigilance Courts. Non-supply of police papers in time, citing large number of witnesses in the charge-sheet and their examination during course of trial often resulting in duplication or repetition of evidence of the witnesses over the same material fact, and non-production of exhibits in the Courts on the due date of trial are factors largely responsible for causing undue delay in the trial process. Instructions have been issued vide Circular No.4/99 requiring the Superintendents of Police to closely monitor the trial process and take such necessary steps to remove the bottleneck with a view to expediting the same. The following instructions are issued to supplement the instructions already issued from this Directorate relating to trial of Vigilance cases. 1) It shall be the responsibility of the Ss.P. of the Vigilance Divisions to supply a set of police papers (attested xerox copies of Statements/relevant documents) along with the charge-sheet to the Court under proper acknowledgement, so that on the date of appearance of the accused, the police papers can be supplied to him. It is, therefore, necessary that the I.O. while discussing the evidence of the case with the Special Public Prosecutor before submission of final form should prepare the list of documents, copies of which are required to be supplied to the accused in consultation with the Special Public Prosecutor. The Prosecuting Inspector hereafter while acknowledging the charge sheets, case diaries etc. will indicate in his certificate that copies of police papers have also been received by him along with the case record. 2) Large number of witnesses examined in course of investigation are being cited as charge-sheet witnesses. Their examination during trial of the cases often result in duplication and repetition of evidence relating to the same material fact. It is, therefore, necessary to reduce the number of witnesses to the barest minimum only to prove the prosecution points. This requires appreciation, of evidence on record and accordingly deciding the number witnesses. The I.O. during his discussion with the Special Public Prosecutor should also determine and list out the number of witnesses to be cited in the charge-sheet who are required to be summoned and examined during the trial process. In case some of these witnesses turn hostile, the Special Public Prosecutor can request the court to summon other witnesses who had been examined in course of the investigation to prove the particular point.

168

3) In terms of Provisions of Section 294 of Cr.P.C., the evidence which is admitted by the defence need not be adduced during trial process through examination of witnesses. The Spl.P.Ps. should be advised by the Divisional S.sP. before commencement of trial of each case to take re-course to this provision of the Cr.P.C. and reduce the number of witnesses required to be actually examined.\ 4) Non-appearance of the witnesses on the appointed date of trial is a major factor, responsible for causing delay in trial of cases. In Vigilance cases mostly public servants who are transferable are cited as witnesses. As trial of cases commence years after submission of charge-sheet, it is necessary to find out the present address of the concerned witnesses. The presiding officers of the Vigilance Courts have been requested to issue summons and other processes giving one month clear time to the Ss.P. to cause production of witnesses. The Divisional Ss.P., therefore must ascertain the present whereabouts of the witnesses/ accused and ensure service of the summons on them well in advance and their production in the Courts on the due date through execution of warrants, if required. Ss.P. will instruct the Prosecuting Inspector who are required to maintain a Forward Diary of pending trial cases to note down the present addresses of the witnesses after ascertaining the same well in advance. The acknowledged copy of the summons should be returned to the Court in due time so that in case of non-appearance of the witnesses N.B.W. or other processes can be issued to compel their appearance. 5) Production of material objects and documents seized in course of investigation as exhibits during trial process is of vital importance to the prosecution. It is now noticed that several cases have ended in acquittal in which non-production of material objects has been pointed out to be one of the major lacunae. It is, therefore, necessary to keep the material objects ready in the Divisional Malkhana before commencement of the trial of the case. Exhaustive instructions have been issued regarding maintenance of Malkhana and movement of exhibits vide Circular No.7/96. the Divisional Ss.P., therefore, are requested to ensure that all seized documents and material objects in the cases are received in the Divisional Malkhana at the time of receipt of charge-sheet from the I.O. and reference thereto is furnished in the charge sheet itself for the Special Public Prosecutor to summon for the exhibit on the date of trial. Ss.P. of the Vigilance Divisions are once again impressed upon to appreciate the role of prosecution and take necessary steps in the light of above instructions and instructions issued earlier to expedite the trial process in the Vigilance Courts so that the result of the case will have the desired impact. Sd/-S.K.Chatterjee Director-cum-D.G. & I.G. of Police, Vigilance, Orissa, Cuttack.

169

CIRCULAR ORDER NO. 1/2000

Sub: Duties of the Unit D.S.P. Vigilance. In order to improve the quality of investigation, accountability and

operational efficiency, Unit Offices are being established progressively by abolishing

the existing Squads. Unit Offices are self contained so far as resources are

concerned. It is felt necessary to specify the duties of the Unit D.S.P. in the changed

circumstances. The duties of the Unit D.S.P. are specified as under :-

( 1 ) He will be responsible for efficient functioning of the officers and men

attached to the Unit and will be accountable to the S.P.

( 2 ) As territorial jurisdiction of the Units has been defined, he will be responsible

for collection of anti-corruption intelligence covering all Govt. organisations

and Public Sector Undertaking etc, functioning within the Unit jurisdiction.

( 3 ) The D.S.P. will be responsible for efficient performance of the duties by the

officers and men posted under him for proper conduct of investigation and

enquiries entrusted to them.

( 4 ) Targets are fixed for each division. The divisional Ss.P. proportionately

distribute the targets amongst the officers. The Unit D.S.P. shall be

responsible to motivate his officers so as to make them target-conscious and

guide them to achieve the proportionate target every month/quarter. He shall

be responsible for achievement of the proportionate target fixed for all the

officers of his Unit.

( 5 ) He will take up investigation and enquiries as will be entrusted to him by the

S.P. ( 6 ) He will ensure that Case Diaries and enquiry diaries are regularly written by

the officers which should be submitted by him after perusal to the divisional

office.

( 7 ) The Unit D.S.P. shall assist the S.P. in preparation of progress reports in

criminal cases and file enquiries entrusted to the officers of his Unit and shall

remain present during monthly review of the cases /files/I.Rs. by the S.P.

170

( 8 ) He will ensure that advance tour programme drawn by the officers and

approved by the S.P. are implemented by the officers and they fruitfully utilise

the time to make progress in investigations and enquiries pending with them.

( 9 ) He will ensure submission of Tour Diaries Monthly Summary of Work of all

officers of the Unit to the S.P. by the end of first week of following month.

The following permanent Registers are to be maintained in the Unit

office. The Unit D.S.P. shall ensure that these Registers are properly maintained in

bound volumes.

( i ) Crime Index All cases being investigated into by the officers of the Unit and those

contributed by the officers should be entered in the Index chronologically. While Unit

serial number can be indicated, the divisional case reference should be mentioned.

Relevant columns in the Crime Index indicating C.D. reference date of submission

etc, should be filled in and P.R. reference be mentioned. Printed Crime Index may be

used.

(ii) File Register. A File Register should be maintained E.D. reference and date of

submission of P.R. etc. should be indicated apart from other details. A format

indicating the headings of the columns is attached as Annexure-I.

(iii) Information Register. An Information Register should be maintained. All I.Rs. entrusted to

different officers of the Unit should be entered in this Register. A format indicating

headings of the columns is enclosed as Annexure II.

(iv) Anti -corruption Intelligence Register.

A Register for Anti-corruption Intelligence Reports should be

maintained. ACIRs submitted by different officers of the Unit should find entry in this

Register. Cross reference of I.R., file and criminal cases should be mentioned as

and when orders are received to that effect. A format indicating headings of the

Register is enclosed as Annexure-III.

171

(v) Malkhana Register. A Malkhana Register should be maintained in the Unit. All documents

and properties seized or taken charge of during investigation and enquiries by the

officers of the Unit should be entered promptly in the Register. Duplicate copy of the

Malkhana Statement be submitted to the Division Office by the end of the first week

of the following month. Printed Malkhana Register be used.

(vi) Guard File. A Guard File should be maintained. All Circulars and standing orders

issued from time to time should be kept in the Guard File with proper index. The

guard file can be consulted by the officers for their reference as and when required.

(vii) Receipt and Despatch Register. These two Registers should be maintained and all letters received at

the Unit addressed to different officers and those despatched by the officers to

different quarters should be entered in the Receipt and Despatch Register as the

case may be. Pending lists in both the Receipt and Despatch Registers should be

brought out regularly as per the existing instructions.

These instructions should be followed strictly by the Unit D.Ss.P. S/d-B.B.Mishra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

172

Annexure- I

File Register of Vigilance Unit Office Sl. No.

File Reference

Date of order of Open

Enquiry of Authorities / Governmen

t.

Name, Address

and designatio

n of the Suspect Officer

Department & Status of

Suspect Officer

Allegation in brief

Progress Report

reference with date

Date of Final

Report & Despatch

Result Name of Enquiring

Officer

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Annexture-II

I.R. Register of Vigilance Unit

Sl. No.

I.R. No.

Date of receipt of I.R. for

verification

Name, Address

and designatio

n of the Suspect Officer

Department & Status of

Suspect Officer

Gist of allegation

Result of verifications

Date of submission of Secret

Verification Report.

Name of the

Enquiring Officer

1. 2. 3. 4. 5. 6. 7. 8. 9.

Annexture-III

A.C.I.R. Register of Vigilance Unit Office

Sl. No.

Reference of

Despatch from Unit

Office

Name / Designation & address of the S.O.

Department &

Status of S.O.

Gist of allegation

Date and order of

Authorities/ Govt. for action by

E.O.

Result ( IR/ File / Case ref.

to be mentioned)

Name of the officer

submitting the ACIR

1. 2. 3. 4. 5. 6. 7. 8.

173

CIRCULAR ORDER NO. 2/2000 Sub : Scrutiny of documents. Vigilance cases and enquiries are mostly based on documents and

importance of scrutiny of documents and follow up investigation there after need not

be emphasised. It is observed that documents in many Disproportionate assets and

misappropriation cases are not being scrutinised properly for which lacunae in

investigation continue to persist till belated stage. The Divisional Superintendents of

Police who are expected to control and closely guide the investigation are supposed

to scrutinise the documents seized and taken charge during investigation and

enquiries by the field officers.

2. It is therefore ordered that soon after completion of a search and

receipt of documents from different offices, the same in original should be produced

before the respective Divisional Ss.P. The Divisional S.P. should personally inspect

each of the documents, asses its implication and give suitable instructions to the I.O.

for further verification and investigation. He will prepare a Scrutiny Report containing

all the instructions given by him with reference to Serial Number of the documents in

the Seizure List / Acknowledgement Receipt. The Scrutiny Report of the S.P. along

with copy of the Seizure List / Acknowledgement Receipt of the E.O. be forwarded to

the Directorate for perusal and further instructions. All these instructions issued by

the S.P. should be incorporated in the first Progress Report and should continue to

be repeated till these are complied with.

These instructions should be carried out with immediate effect.

Sd/-B.B.Mishra Director-cum-I.G. of Police, Vigilance, Orissa, Cuttack.

174

CIRCULAR ORDER NO. 3/2000

Sub : Summary of Work Done Statement in revised format. It is noticed that field officers are not submitting their Monthly Tour

Diaries alongwith the Summary of Work Done Statements regularly to the Divisional

Ss.P. They are also found adopting different formats to furnish their Monthly

Summary of Work though a specific format was prescribed in Circular Order No. 13

of 1986. In Vigilance Organisation the field officers are required to undertake

investigation and enquiries in far flung areas within the State and beyond. It is

therefore, necessary on their part to imaginatively draw their advance Tour

Programmes for the month, get the same duly approved by the concerned Ss.P., and

adhere to it. At the end of the month they are required to submit Tour Diaries along

with Monthly Summary of Work Done Statement for appreciation and evaluation of

their performance by the Divisional Ss.P. In the changed prospective as the D.Ss.P.

are also entrusted with investigation and enquiries, the format enclosed to Circular

Order No. 13 of 1986 is required to be modified. In order to ensure uniformity, a

revised format is enclosed which should be followed by all Inspectors and D.Ss.P. of

Vigilance to submit their Monthly Summary of Work together with their Monthly Tour

Diaries regularly here after.

This Circular should be implemented with immediate effect. Officers

should start submitting their Monthly Tour Diaries and M.S.W. in the enclosed revised

format for the month of April,2000 onwards.

Instructions conveyed in Circular Order 13 of 1986 stand modified as above. Sd/- B.B.Mishra, Director-Cum-I.G. of Police, Vigilance, Orissa, Cuttack.

175

Proforma for Summary of Work done in month Year_________

(To be submitted by Inspectors, Unit D.Ss.P. and D.Ss.P. of Vigilance attached to the Divisional Headquarters alongwith their Monthly Tour Diaries) 1. Number of days spent on tour. :-

(away form Hqrs. Exceeding 6 hours)

2. No. of night halts made away from Hqrs. :- (Total in figure- Name of places of halt)

3. Collection of intelligence :-

(No of ACIR contributed) (Data to be given as per table given below)

Sl. No.

Despatch Ref. Class of Officer

1 2 3 4. Investigation of criminal cases :-

(Data to be given as per table given below) Sl

No. Cases Pending

Investigation (List of cases with date &

section of law to be furnished)

Cases Investigated

during the month, furnish C D

references and No. of witnesses

Examined in each Case

Date of submission

of P.R.

Nature of F.F recommended with sections

of law

1 2 3 4 5

5. File enquiries :- (Data to be given as per table given below) Sl No.

File reference with

date of entrustment

(list of all pending files be furnished)

Enquiry diary reference with

no.of witnesses examined in

each file

Date of taking

charge of relevant

documents

Date of Issue of progress

report

Nature of Final report

Recommended

1 2 3 4 5 6

6. Secret verification :- (Data to be given as per table given below) Sl

No. I.R. No. with date

(List of all I.Rs. pending to be furnished

Date of issue of secret verification

reports.

Nature of F.F. recommended

1 2 3 4

7. Any other important duties performed by the officer :-

(No of trap cases contributed, attended detection of trap cases, house search attended, economic and other offences detected by his own efforts such as Sales Tax evasion cases, Weights and Measures cases, Food Adulteration and forest offence cases etc.)

176

CIRCULAR ORDER NO. 4/2000 Sub: Permission for house search and putting on police uniform

during search. It has come to the notice of the Vigilance Headquarters that often house searches are being conducted as a routine measure without proper verification and adequate justification. All the Ss.P., Vigilance are, therefore, advised to ensure that I.O./E.O. collects all relevant information about location of the houses to be searched and ownership thereof. It is a fact that owners/persons in possession of the houses in question are put to embarrassment because of the searches conducted by the Vigilance officials, particularly when they are in Police uniform. Like registration of an enquiry or a criminal case, house search is a very important decision which calls for due application of mind at appropriate level depending on the status of the officials/persons whose houses are proposed to be searched. During enquiry/investigation of cases registered by the State Vigilance E.Os./I.Os. will be required to give proposal for house search as and when felt necessary in the interest of enquiry/investigation of the case for permission from the appropriate authority who has ordered registration of the criminal case or the open enquiry. However, in trap cases, S.P. is free to take decision at his level irrespective of the status of the accused but he will please keep D.I.G./I.G. informed at the earliest about the search and its result, provided the accused is of Class-II category or above. In enquiry/ investigation pertaining to allegation of Disproportionate Assets thorough verification is a necessity and there should not be any confusion regarding location, ownership and possession of the houses to be searched. In the proposal for search, all details alongwith the grounds in justification of search should be furnished, so that the authority competent to accord permission could do proper application of mind. During search there is no need to put on police uniform unless it is absolutely necessary and where trouble is anticipated from the inmates of the houses and their relatives/friends. S.P. can always avail of the help of the local police whenever there is likelihood of resistance and as such there may not be any need for vigilance officials to put on uniform at the time of search. This circular should be followed immediately with due care. Sd/-B.B.Mishra Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

CLARIFICATION. With reference to Circular No.4/2000 it is clarified that in order to

maintain secrecy about the house search, Divisional Superintendents of Police are at

liberty to keep registration of O.E. pending till order for house search is received from

the appropriate authority. Where house search is not immediately required, they

should go ahead with the registration of O.E. Later on if it is felt necessary, it should

be done only after obtaining orders of the appropriate authority.

Sd/- B.B.Mishra Director-cum-Addl. D.G. of Police, Vigilance, Orissa, Cuttack.

177

CIRCULAR ORDER NO. 5/2000 Sub - Prosecution of offenders under Orissa Sales Tax Act.

Section 25 of Orissa Sales Tax Act provides for criminal prosecution

of offences committed under sub-section 1 to 6 there under. All the offences

stipulated under the said section are cognizable. It may be appropriate to draw formal

FIR under the said section for commission of one or more offences by any person for

prosecution in appropriate Court of Law within the period of limitation prescribed

under Chapter XXXVI of the Code of Criminal Procedure, 1973.

There is imperative need for taking effective measures against ever

increasing phenomenon of tax evasion by unscrupulous dealers. Recourse to section

25 of the OST Act had seldom been taken in the past. After careful consideration it

has been decided to invoke the provisions of the said section in suitable cases to act

as a deterrent on the unscrupulous dealers. It has however to be kept in mind that

the prosecution report must be accurate and full proof so as to ensure conviction of

the offender. Before filing the prosecution report in the appropriate court sanction of

prosecution of the Commissioner, of Commercial Taxes has to be obtained. The

Commissioner in his Circular No.21309/CT dt.6.10.99 (copy enclosed) has outlined

the detail procedure for preparation of the prosecution report and obtaining sanction

which should be followed.

Sales Tax Officers attached to Vigilance Divisions often conduct

surprise checks to detect cases of tax evasion. They are likely to come across cases

constituting an offence under sub-section 1 to 6 of section 25 of the OST Act. The

Vigilance field officers and Sales Tax Officers while conjointly conducting surprise

checks are hereby instructed to look for offences committed by any Trader, Dealer or

Transporter falling under any of the sub-sections under section 25 of the OST Act

178

and carefully build up records for prosecution of the said offender. After preparation

of the prosecution report alongwith necessary documentary evidence the same may

be transmitted to the Commissioner, Commercial Taxes through ACCT, Intelligence

for obtaining his sanction as in cases under the P.C Act.

The objective of the Act is to collect tax to increase the State

Revenue. Certain degree of Cooperation from the dealers is required for collection of

taxes. The punitive provisions under the Act is therefore intended to be invoked in

suitable cases against the habitual and hard-core offenders, as an exemplary

measure and not as a matter of general rule to harass the trading community. The

Divisional Ss.P. and C.T.Os. Vigilance are therefore expected to invoke the

provisions of the section only after due application of mind. Permission of the DIG/IG

in charge of the Division should invariably be obtained before registration of such

cases.

Sd/-B.B.Mishra Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack

179

CIRCULAR ORDER NO.6/2000 Sub: Submission of Final Form in Criminal cases.

In one case it has come to our notice that investigating Officer filed

Final Form in his own way ignoring the orders of the Headquarters. This has been

possible due to lack of proper scrutiny at the Divisional Office. As per Circular

No.1/96, I.Os are required to despatch the Final Form in triplicate along with Case

Diaries, 161 statements and all other required documents to the Court Office and

Prosecuting Inspectors have been advised not to accept the original Final Form

unless the case records are complete in all respects. This Circular will continue to

operate. But before the I.Os. despatch the Final forms to the office of P.I. as per

provision of 173 Cr.P.C the same need to be forwarded by the Officer-in-Charge of

the Police Station. In fact, in the prescribed proforma for Final Form, there is a

provision for signature of Officer-in-Charge. Since one officer is appointed O.I.C. of

the Vigilance Police Station by the concerned Divisional Superintendent of Police it

should be ensured that all the Final Forms are signed by the Officer-in-Charge

without any exception but before that the same should be scrutinised by the S.O.,

Crime Section and put up to S.P. for vetting which will be done in the file only, not on

the body of the Final Form to be submitted to the Court. At the time of scrutiny, it is

to be seen that the Final Form is prepared strictly in accordance with the orders

issued by the appropriate authority, and all the particulars/information as per the

prescribed proforma are furnished accurately. In order to avoid overwriting/

deletion/ addition/ correction on the original Final Form it is desirable to put up a draft

for approval by S.P. In any case the original Final Form will be vetted by S.P. before

O.I.C. puts his signature thereon while forwarding the same to the Court Office.

Sd/-B. B. Mishra Director-cum-Addl.D.G.of Police,Vigilance,

Orissa,Cuttack.

180

CIRCULAR ORDER NO.1/2001

Sub: Guidelines for Trap cases. 1. While trap cases are undoubtedly the most effective form of detecting

and proving corruption among the public servants, sometimes it is observed that in

their over-zealousness, the Vigilance Officers fail to observe some basic precautions

and investigational norms, resulting in reasonable doubt being created on the

genuineness of the trap itself. To obviate the same, the following guidelines are

reiterated.

2.0 Whenever, a complaint of demand of illegal gratification by a public

servant is received, the genuineness of the complaint should be verified and S.P.

should satisfy himself personally that the complaint is not biased or false and that the

complainant is genuinely aggrieved with the illegal demand of money and he is

unwilling or unable to pay. The character and antecedents of the complainant should

also be carefully screened. Touts or adversaries of the accused in the grab of

complainants should be identified as such, and discouraged.

2.1 Likewise ascertaining discreetly the general reputation of the accused

official is a pre-requisite in all vigilance cases, especially in trap cases, and is of

utmost importance. If, there is any iota of doubt on the genuineness of the trap, it is

the legal and moral responsibility of the S.P. to see that the complaint is not acted

upon in a hurry. A trap for its own sake to improve statistics and to reach the target

somehow, is not desirable, and to be avoided, as such.

3. Once it is decided to go ahead and lay a trap on the basis of a

complaint, then the trap proceedings must be meticulously and faithfully reflected and

recorded in the pre-detection and post-detection reports. No detail of the conduct,

speech and response of the accused should be omitted or distorted. The

conversation between the decoy and the accused should be recorded verbatim and

181

in whatever language they speak. The overhearing/accompanying witness being the

most important witness in the trap proceedings, should be examined in detail and his

version of the proceedings should be faithfully recorded and incorporated in the

detection report. While there should be no omission of any relevant detail, there

should not be any addition, embellishment or distortion of the actual transaction, pre

and post trap reaction, conduct and conversation between the accused and members

of the trap party.

4. There should be no attempt on the part of the decoy or any member of

the trap party to somehow entangle the accused during the trap. If the accused does

not demand or accept the bribe, inducing him to do so or thrusting the money forcibly

into his hand or his pockets or the drawer of the table or inducing any other member

in the office or in the house, to accept the money is both illegal and unethical and as

such, should be strictly guarded against.

5. While no effort should be spared to trap the venal public servant on

genuine complaints, vigilance officers should be equally careful about unwillingly

acting against an innocent public servant on false, frivolous or vexatious complaints.

Sd/-B.B.Mishra Director-cum-Addl. D.G. of Police, Vigilance, Orissa, Cuttack.

182

CIRCULAR ORDER NO.2/2001

Sub:- Supervision of cases and enquiries 1. Every criminal case, right from its inception is supervised by the

jurisdictional S.P., and its progress monitored and reported regularly through the

Progress Reports (PRs). However, formal supervision of cases and record of

supervision notes for a better concept of the case and guidance of the Investigating

Officers is done only in a few cases. The practice in this regard is not found uniform.

2. Therefore, to make the practice uniform and to lay down a norm in this

regard, it is directed that the Superintendents of Police should supervise a minimum

of 3 cases every month and release the supervision notes within the month itself.

3. Every Disproportionate assets case should be supervised by the S.P.

There is no option in this regard and as to the rest of the cases, preference should be

given to criminal misappropriation and other complicated cases. The Directorate may

sometimes indicate a particular case or enquiry to be supervised by the S.P. in view

of its complexity or sensitivity. Otherwise, it is the discretion of the S.P. to choose the

cases for supervision from among the rest of the cases. Generally speaking,

Superintendents of Police should not waste their time in formal supervision of simple

trap cases.

4. The directions in this regard should be carefully noted and strictly

complied with.

5. The Supervision Note should be issued in the enclosed format,

keeping in view the requirements of criminal case/file enquiry.

Sd/-B.B.Mishra Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

183

Format for Supervision Note in Criminal case and Enquiries.

1. Name and Designation of the

Supervising Officer :

2. Case/File Reference with Section of law

:

3. Name of the I.O./E.O. (Names of previous I.Os./ E.Os. with date of taking charge of the investigation/enquiry be mentioned)

:

4. Gist of the F.I.R./ Brief of Allegations (in case of enquiry)

:

5. Details of the accused/suspect officer.

i) Name : ii) Father’s Name : iii) Post held during allegation : iv) Present post : v) Permanent Address : vi) Date of retirement : vii) Disciplinary authority-

(Deptt. of the Government) :

6. Action taken by the I.O./E.O.

i) Examination of witnesses : ii) Seizure/taking charge of document : iii) Technical Inspection : iv) Any other expert opinion. : v) Plea of the accused/suspect officer

if examined. :

7. Profile of the case/enquiry found in course of supervision.

:

8. Analysis of the Evidence : (Evidence collected till supervision

may be analysed, co-relating the evidences, both oral and documentary, with reference to the charges/allegations.)

9. Version/plea of accused /suspect and comment/rebuttal thereof provided the accused has been examined by the time of supervision.

:

10. Pending Action with reference to Plan of Action

:

11. Omissions on the part of the I.O./E.O. if any

:

12. Further Instructions of S.O. : 13. Certificate of the S.O. with regard to

submission of CDs/EDs (No. & Date), No. of statements recorded U/s 161 Cr. P. C. No of signed statements in case of enquiry.

N.B. S.O. will ensure submission of up to date C.Ds./E.Ds/Statements of witnesses before release of S. Notes.

184

CIRCULAR ORDER NO.4/2001

Sub: Legal Scrutiny Reports. The legal opinion, though invariably given by the Vigilance P.P. on

every D.R. at the end of investigation of every criminal case, is not found uniform in

its format. To make such Legal Scrutiny Reports (LSR) uniform, and more useful, the

following proforma is hereby prescribed therefore, which will henceforth be adhered

to by all the P.Ps(Vigilance)

PROFORMA

1. Case No. 2. Section of law 3. Name & designation of the Prosecuting Officer preparing the comments. 4. Date of receipt of CR/DR by P.P. 5. Date when comments given by P.P. 6. Suspected or accused persons. 7. Detailed analysis(allegation wise)

i) Allegation ii) Analysis iii) Summing up of evidence against the suspects. iv) opinion on the defence or probable defence of suspects and material/arguments to rebut them.

8. Difficulties

a) General b) Legal

9. Suggestion(s), if any 10. Recommendation of P.P.

i) Prosecution ii) Regular Departmental Action for Major Penalty or Minor Penalty. iii) To be referred to Deptt. for such action as may be considered

appropriate. iv) To be dropped for lack of proof or otherwise.

CERTIFICATE

Certified that I have carefully gone through the D.R. and that I have

examined the case diaries, statements of witnesses, material documents etc.

thoroughly before giving my comments and opinion.

( Law Officer) Sd/-B.B.Mishra Director-cum-Addl.D.G. of police, Vigilance, Orissa, Cuttack.

185

CIRCULAR ORDER NO.5/2001

Sub: Involvement Report. Instances have come to notice wherein involvement of the public

servants in Vigilance cases/enquiries is not being brought to the notice of the

concerned Departments/Disciplinary Authority as a result of which the Departments

remain in dark regarding such involvement in vigilance case/enquiry. Often queries

are received from the Departments on the alleged involvement, when it comes to

their knowledge from the sources other than vigilance.

In order to keep the disciplinary authority of the public servant

informed the following guide lines are to be followed by Ss.P. Intimation regarding

involvement of the public servant shall be addressed to the concerned disciplinary

authority immediately after the stages indicated below:-

1) Finalisation of open enquiry irrespective of the results of enquiry.

2) Conduct of house search.

3) Registration of a criminal case.

4) Submission of final form.

5) Completion of trial

In case of acquittal decision as to preferring appeal in the higher Court

should be communicated to the concerned authority.

Since all the vigilance enquiries/cases have judicial implications, the

involvement report to the disciplinary authority should be precise and unambiguous

for which the enclosed proforma may be used.

Sd/- B.B.Mishra Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

186

Form No.I

INVOLVEMENT REPORT IN HOUSE SEARCH & OPEN ENQUIRIES. OFFICE OF THE SUPERINTENDENT OF POLICE, VIGILANCE _______________DIVISION. /CELL.

To The __________________________________________

______________________________________________ (Name/Designation of the Disciplinary Authority) Sub:- Involvement Report in respect of Sri_________________________ (Designation) Sir, This is to intimate that an enquiry was initiated against Sri_________

__________________________ on the allegation of (brief of the allegation). In course of enquiry the residential house and house of the relatives of

Sri ___________________________________________ were simultaneously

searched on___________ _______at________ _____, __________________ __,

_______________________.

On conclusion of the enquiry the allegation could not be substantiated/

were substantiated against Sri________________________________________ and

as such concerned Disciplinary Authority is being moved to initiate departmental

action for his misconduct is being referred to take such action as deemed proper in

the matter.

Yours faithfully, Superintendent of Police, Vigilance, __________ Division. (Strike down which is not applicable. In case criminal case is being contemplated after completion of enquiry, intimation should go after registration in Form No.II)

187

INVOLVEMENT REPORT IN CRIMINAL CASES OFFICE OF THE SUPERINTENDENT OF POLICE, VIGILANCE,

______________ DIVISION/CELL. To The ____________________________________________ (Name and designation of the Disciplinary Authority) Sub:- Involvement Report in respect of Sri________________________ (Designation). Ref:- _____ Vig. P.S. case No.________ dt._____________U/s_________ Sir, This is to intimate that the above noted case has been registered

against Sri __________________________ ________ _____________ on the

allegation of _______________________ ________ _ (Brief of the accusation of

F.I.R.).

During investigation prima facie offences U/s___________________ _________________________________________ was made out and accordingly

C.S. No.______________ dt. _______________ was submitted against him to stand

his trial in the Court/the offences against Sri ____________________________could

not be substantiated and accordingly Final Report ________________ has been

submitted vide F.R. No.___________ dt._____________.

On completion of the trial the Learned Special Judge

(___________________) vide judgement dt._______________________ convicted

the accused Sri__________________________________ and sentenced him

to undergo___________________ and fine of Rs._________/- .

On completion of trial the Learned Special

Judge______________________ vide judgement dt._______________________

acquitted Shri___________________________.

Decision has been taken to prefer appeal /not to prefer appeal in the higher Court Yours faithfully, Supdt. of Police, Vigilance, ________ Division. (Strike down which is not applicable)

188

CIRCULAR ORDER NO.6/2001 Sub: Follow up action in respect of Departmental Proceedings. In certain instances of criminal cases and open enquiries regular

departmental action is recommended on the conclusion of enquiry or investigation. In

such cases the S.P’s report along with draft charge and memo of evidence are sent

to the concerned department for initiation of departmental proceeding either from the

Directorate or from the office of the S.P. Vigilance. Instances have come to notice,

wherein, the concerned departments have failed to acknowledge the receipt of the

relevant papers, years after of despatch of the same from this office. Presently, there

is no regulatory mechanism to follow up the result of departmental proceedings

initiated upon Vigilance reports. When the department calls for vigilance clearance

report in respect of its employee(s), this office faces difficulty in scrutiny of large

number of records from different sections, in order to ascertain the present position of

the proceeding to formulate reply to the concerned department.

In order to overcome this difficulty and with a view to regularly

monitoring the departmental proceedings initiated on vigilance report, the following

guide lines are to be followed.

1) A register shall be maintained at the Directorate for each division and Cell, to be

known as Departmental Proceedings Follow up Register, in short PFUR. This

register is to be maintained by the S.I. in-charge of Law General Section under

the overall supervision of D.S.P. in-charge of Co-ordination Section,

2) After approval of the draft charges etc at the Directorate, the file will be marked to

Law General Section of Co-ordination branch. The details of the proceedings are

to be entered in the register as per the Proforma annexed,

189

3) In respect of proceedings which are directly sent to the concerned

Departments/Heads of Estts. by the Ss.P., entries are to be made in the PFUR by

the Law General Section on the basis of the office copy available in the file,

4) For quick reference, one Name Index Register and another Departmental Index

Register are to be maintained in Law General Section, alphabetically. As and

when entries are made in the PFUR, name of the officer and department should

be entered in the corresponding pages of the Index Registers and cross

reference be kept in the PFUR,

5) In respect of old pending proceedings entries are to be made in this register as

per the above guide lines including corresponding entries in the Index Registers,

6) Section Officers of Secret and Crime Section of Link North, Link South, Cell will

make entries in respect of Col.7 of PFUR showing the progress of proceeding in

the preceding month by referring to the concerned file,

7) Ss.P. shall maintain PFUR at the divisional level in accordance with this circular

and communicate the progress quarterly to this Directorate in a consolidated form

after due review for updating the relevant entries in Col.-7 of PFUR, and

8) S.O., Card Index Section will refer to this register periodically to update the

entries in the Computer.

Sd/- B.B.Mishra Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

190

ANNEXURE Proforma for

PROCEEDING FOLLOW UP REGISTER (PFUR)

Sl. No.

Case/file reference

Name & Father’s name of the

Charged Officer

To whom referred

(Disciplinary Authority)

Date of Despatch

Date of acknowled-gement by the

Department.

Progress/ Result.

1. 2. 3. 4. 5. 6. 7.

NAME INDEX REGISTER OF PFUR

Name/Father’s Name of the Charged Officer

Case/File Reference Reference of PFUR

1. 2. 3.

DEPARTMENT INDEX REGISTER OF PFUR

Department of the Govt. Name of the Charged Officer

References of PFUR

1. 2. 3.

191

CIRCULAR ORDER NO.7/2001 Sub: Statement of Suspect Officer- integral to investigation. 1. It is noticed that Ss.P. Vigilance move the Directorate for registration

of criminal case against public servants U/s 13(2) r/w 13(1)(e) i.e., for possession of

disproportionate assets to the known sources of their income, without examining the

public servants concerned.

2. As per the status, disproportionate asset is something for which the

public servant is not able to satisfactorily account for.

3. Hence, it would be improper and against principles of natural justice, if

a criminal case is registered without the version/account of the accused of the

sources and extent of his assets, income and expenditure.

4. Needless to say, therefore, examining the public servants concerned,

and to compute the D.A. in the light of his account, and rebuttal thereof where

needed, is the pre-requisite for deciding the fate of the enquiry.

5. In view of this, it is hereby instructed that on completion of the house

search, the I.O. will serve notice on the public servant with acknowledgement due, to

furnish statements I to VI in the C.B.I. proforma. At the end of the period of 15 days,

the I.O. should direct him to appear in person and give a detailed statement on his

assets, income and expenditure. The S.O’s acknowledgement of the notice should

form part of the case records, and entered in the E.D. The statement of the S.O.

should invariably be furnished to the Vigilance Directorate along with a copy of the

draft F.I.R. of the criminal case which is sought to be registered.

6. Likewise, on completion of the investigation also, the public servants

should be examined thoroughly on the final balance sheet and his version/pleas if

any, should be recorded and incorporated in the C.D., a copy of which should be

annexed to the detailed report. This practice, in fact, applies uniformly to all P.C. Act

cases.

7. On the same analogy, the statement of the trapped officer should be

furnished along with the Detection Report to enable the Directorate to decide on

whether the Govt. is to be moved for suspension/ transfer of the official concerned.

Sd/- B.B.Mishra Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

192

CIRCULAR ORDER NO.1/2002 1. While trap money, after the trap, becomes a Court exhibit, cash seized

in Disproportionate Assets/ misappropriation and other P.C. offences, is kept in SP’s

official account in the nearby nationalised bank, as deposit-on-call. Needless to say,

the seized money becomes the property of the jurisdictional Court, and is subject to

be released to the suspect officer at any time on Court’s order. As such, the seized

money in Vigilance Criminal Cases cannot and should not be kept in fixed deposit

accounts. Such a practice is highly irregular, contrary to instructions earlier imparted

in this regard, unless specially ordered so by the Court concerned.

2. It is therefore, reiterated that the seized money in Vigilance cases

should be kept in a nearby nationalised bank as deposit-on-call, and wherever a

contrary practice has been adopted, the same should be discontinued forthwith, and

the money withdrawn and re-deposited as deposit-on-call.

3. This should be acknowledged and confirmation/ Compliance reported by return. Sd/-G.C.Nanda Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

CIRCULAR ORDER NO.1/2003 After careful consideration, it has been decided that State Vigilance

Department will provide presenting officers in departmental enquiries for major

penalty recommended by the Vigilance Department in selected cases of importance

or in which Class-I and Class-II officers are involved.

2. It has, therefore, been decided that henceforth while forwarding S.P’s

Reports in all such cases, the name of the presenting officer, to be detailed by the

Vigilance Department for marshalling evidence in the ensuing departmental

enquiry, will, invariably, be mentioned therein.

3. Ss.P will also ensure that the statement of imputation, draft charge(s) and memo of evidence are properly prepared and vetted by the Special

P.P. concerned and appended to the S.P’s report.

Sd/-G.C.Nanda Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

193

CIRCULAR ORDER NO. 2/2003

Sub : Maintaining absolute secrecy in search and seizures-regarding. 1. It is increasingly found that searches conducted are not yielding any

worth while results. Even bank passbooks and locker keys are not found during the

search. This is disturbing, to say the least. Apparently information is getting leaked

to the suspect officer of the impending action. While stern action will be taken

against the person leaking out the information, subverting public interest thereby,

there is a need to tighten the system so as to maintain absolute confidentiality in this

regard. 2.0 The anti-corruption information report (ACIR) should be submitted by

the Vigilance Officer straight to the Divisional S.P. concerned. In the case of Special

Unit, the ACIR should be submitted to the Director and no other authority. The

Divisional S.P. concerned will keep the ACIR in his personal custody till the house

search is conducted and completed. At the most, if found necessary, he can take the

help of his personal stenographer. In other words, the ACIR should be in the

knowledge of only the officer from whom the ACIR emanates, the S.P. concerned

and the personal stenographer, so that, if the information is leaked out responsibility

for the same could easily be fixed up. As regards, Spl. Cell which is in charge of

I.G.(Cell) all ACIRs should be submitted directly to him. 2.1 In modification of Circular Order No. 4/81 IR will be handled by Ss.P. /

I.G.(Cell) directly and as such secret section will not have any thing to do with

Information Register (IR). As far as Special Unit is concerned, IR will be in the

custody of Director. Whether a petition is fit for secret verification or not will be

decided at the dak stage itself by the SP/DIG/IG/Director as the case may be, and all

such petitions will, therefore, be in the personal/ confidential custody of the authority

concerned, and will not be marked to the secret section until the secret verification is

completed. Once the secret verification is over, thereafter the IR can be passed on to

the section for further processing. 3. Needless to say, secrecy and confidentiality are integral parts of

professionalism and integrity. Any breach thereof, particularly in an Anti-corruption

organisation such as ours, will be seriously dealt with.

Sd/-G.C.Nanda Director-cum-Addl.D.G. of Police, Orissa, Cuttack.

194

CIRCULAR ORDER NO.3/2003 Sub : Examination/Interrogation of Suspect Officer(s)/Interrogation

Reports, Reg. 1. Examination of witnesses/interrogation of suspect(s), is an important and integral part of investigation. 2. Keeping in view the importance of examining/interrogating the suspect(s) on all relevant facts of the case, the Criminal Procedure Code (Code of 1973) provides for custodial interrogation of the accused, so as to better elicit all relevant information, specially within the knowledge of the accused, admissible Under Section 27 of Indian Evidence Act. Examination of witnesses and interrogation of suspect(s)/accused at every stage of the investigation is essential to carry the investigation forward and bring on record the best possible evidence in every case. 3. In Disproportionate Assets case, in particular, no F.I.R. can be complete unless the suspect officer has been given the fullest opportunity to explain every asset found in his possession. Similarly, at the close of the investigation also, once again this opportunity should be given to the accused to explain every asset/ expenditure attributed to him by the investigator. Failure to do so both at the initial stage and the final stage may vitiate the whole investigation. That is why, the S.O. is asked to furnish all relevant information in prescribed proforma through his departmental authority, in regard to which, guidelines have been prescribed in Circular No. 7/2001. 4. However, it is generally found that this important aspect is neglected or circumvented. In quite a few instances, the S.O(s), especially if they happen to be Senior Government Officers, are not examined at all in course of, or at the end of investigation. If in such instances, the I.O. is diffident for valid reasons to undertake this exercise all by himself, the S.P. can be present at the time of interrogation to be of moral support to the I.O. In appropriate instances, when the S.O(s) by virtue of his/their high status are intransigent or try to brow-beat the I.O., they should be served notice, and summoned to the S.P's Office for due examination and record. 5. Questionnaires on all relevant points should be prepared and served on the S.Os, so that no point gets omitted. The questionnaire so prepared and the complete statement of the S.O(s) should invariably accompany the last P.R/DR without which Final Orders will not be passed. 6. S.P. will strictly ensure this. Sd/- G.C.Nanda Director-cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

195

CIRCULAR ORDER No. 4/2003

Sub: Custody of documents and material objects in charge sheet cases.

For quite sometime past, matters connected with pending trial cases

in Vigilance Special Courts have been engaging the attention of the Directorate. In

this regard, it has been brought to notice that, at the time of trial material objects and

other court exhibits, namely documents relied upon by the prosecution are some

times not produced, or if they, are in inordinate delay. Sometimes, it is reported that

the crucial documents are missing or found mutilated or tampered with, thereby

proving detrimental to the prosecution.

II. To obviate this and to secure exhibits properly and ensure their timely

production and marking during trial, it is desired that, all documents cited in the police

reports and also in the case diaries will be serially numbered and kept properly in the

Vigilance Malkhana. Detailed instructions regarding maintenance of the Vigilance

Malkhana have been issued in Vigilance Circular Order No. 7/96.

III. At the time of filing of the Police report (Charge sheet) only copies of

161 Cr. P.C. statements, seizure lists, sanction order and other cited documents will

be handed over to the Bench Clerk under proper receipt. The original seizure lists,

sanction order etc. will, however, be retained by the Spl. P.P. to be kept with the

record. The original ledger/documents to be exhibited may be retained in the

Malkhana after issuing copies of relevant portions to the defence, where necessary.

All valuables including all FDR, KVP, Share Certificates as well as trap money will be

kept in the Malkhana with the knowledge and orders of the Court. The case diaries

being privileged documents should not be filed with charge-sheet and handed over to

the Bench Clerk.

IV. As already mentioned, all important documents and material objects

will be kept in the division office Malkhana till they are produced and marked during

trial of the concerned case. It is the responsibility of the court to prepare copies of

police papers for supply to the defence.

Sd/ - G. C. Nanda Director-cum-Addl. D.G. of Police,

Vigilance, Orissa, Cuttack.

196

CIRCULAR ORDER NO. 5/2003

Sub: Court matter-Anticipatory Bail Application-upto-date maintenance of C.Ds (Case Diaries) and despatch of C.Ds for the purpose.

Of late, it is found that the number of anticipatory bail applications filed

in the Hon'ble Court have increased. The Standing Counsel/Addl. Standing Counsel

gets very short notice on these matters. C.Ds in concerned cases are called for

immediately and the Standing Counsel/ Additional Standing Counsel through Court

Liaison Officer find it difficult to contact the concerned I.O./S.P. and pass on the

information timely. This creates an embarrassing situation in the Court.

The Superintendents of Police are, therefore, impressed upon the

need to ensure upto-date maintenance of case diaries in every case so that at any

given point of time C.Ds are despatched to the Standing Counsel/Additional Standing

Counsel without any dealy. Besides, the I.Os of the case or holding I.Os of the case

should be ready to appear on the scheduled date of hearing to brief the Standing

Counsel/Additional Standing Counsel appearing for the case and be present

personally during the hearing of the bail/other interlocutory matters so that the matter

is adequately and properly presented on behalf of the State, and does not go by

default. As more and more anticipatory bail applications are being filed in the Hon'ble

Court, the Ss.P are requested to be on alert on this sensitive issue lest any laxity on

our part should draw adverse comments/strictures from Hon'ble Court.

Sd/- G. C. Nanda Director-cum-Addl. D.G. of Police,

Vigilance, Orissa, Cuttack.

197

CIRCULAR ORDER NO. 6/2003

Sub: Initiation and monitoring of attachment proceedings in D.A. (Disproportionate Assets) cases.

It is noticed that though a number of D.A. cases are being registered,

hardly any suggestion for attachment of the ill-gotten property, is being made by you.

You will appreciate that, during pendency of the investigation and trial of such cases,

the accused public servant should not be allowed to enjoy the proceeds of the ill-

gotten wealth. It is, therefore, necessary that in deserving cases the courts should be

moved to pass orders for attachment of such property to the extent as is considered

disproportionate.

(2) You are, hereby instructed to review all D.A. cases registered in the

last one year and come up with specific proposals, in deserving cases, to move the

court through Govt. for the purpose. Cases, where the seized movable property

approximately commensurates with the quantum of disproportion, this exercise may

not be under-taken.

(3) You may also select few deserving cases which, after charge-sheet,

are pending with the trial court for initiation of attachment proceedings.

(4) To monitor the cases of attachment, a separate register may be

opened in the crime section which should be seen by you every month to keep track

of the progress of the attachment proceedings. A statement to that effect should be

furnished to this Directorate along with the quarterly review in the following proforma.

(5) Officers-in-charge of the link offices in the Directorate including Cell

shall also maintain such a register which should be put up to the concerned D.I.G./

I.G. every month.

Sd/- G.C. Nanda Director-Cum-Addl.D.G. of Police,

Vigilance, Orissa, Cuttack Statement on attachment of property in D.A. Cases. 1. Case reference 2. Name of the accused 3. Details of property as per FIR 4. Approximate value of Disproportionate Assets 5. Description of property proposed to be attached. 6. Date of initiation of proposal. 7. Reference of Govt. orders. 8. Date of filing of attachment proceeding before the court 9. Orders of the Court 10. Prayer for renewal , if any. 11. Remarks.

198

CIRCULAR ORDER NO. 7/2003 Sub: Press note on activities of the State Vigilance. This is in continuation of the earlier Circular Order No. 1/97

authorizing Ss.P. of the Divisions to release Press Notes regarding activities of the

State Vigilance. Though there has been improvement in the quality and frequency of

Press Notes there is scope for further improvement. Divisional Ss.P. and Senior

Officers at the Headquarters should pay personal attention to this matter while

preparing Press Notes. No Press Note should be released without vetting by Senior

Officers. In order to give wide coverage to our activities for information of the public

Press Notes are to be released without loss of time on the following: -

1. Registration of important criminal cases. 2. Successful house searches and results thereof. 3. Arrests, forwarding of accused to the Court and remand to Jail custody. 4. Successful execution of Traps. 5. When the cases are charge sheeted (with a brief note on the findings). 6. Suspension and Dismissal of accused persons. 7. Disposal of cases in the Courts resulting in conviction. 8. Important raids and results thereof. 9. Cancellation of bails by Courts in important cases. 10. Rejection of appeals of the accused by the higher courts. 11. Monthly, quarterly and annual performance. 12. Highlighting actions against public servants at higher levels, other important

private persons and firms. 13. In addition to the above any commendable work done by the organization

should be communicated to the media. Ss.P. will continue to release Press Notes. Coordination Section at the

Headquarters will monitor Press Releases in the entire Organization. As usual ,press

notes should be released from the headquarters if not done at the divisional level.

Senior Officers in charge of Coordination Section will personally oversee this work

and ensure timely release of Press Notes to the Media in a flawless manner.

Sd/- G.C. Nanda Director-cum-Addl. DG of Police, Vigilance, Orissa, Cuttack.

199

CIRCULAR ORDER NO. 8/2003 Sub: Examination of Questioned Documents. In order to speed up Examination of Questioned Documents and avail

the opinion of Handwriting Expert in Vigilance cases and enquiries, one Document

Examination Cell has been created in the State Vigilance Headquarters.

2. To run this Cell, one post of Inspector of Police, Handwriting has been

created in G.A. (Vigilance) Department No. 7618/VE dt.22.11.2001. Accordingly, Sri

Banamali Sahoo has reported his joining as Inspector Handwriting (Government

Examiner of Questioned Documents), G.A. (Vigilance) Department on 30.5.2003.

3. The documents in respect of Vigilance cases requiring examination

and opinion of the Handwriting Expert (Government Examiner of Questioned

Documents) shall, hereafter be sent in original, in sealed cover, to the A.I.G. of

Police, Vigilance (Document Examination Cell), State Vigilance Headquarters,

Cuttack.

4. Receipt/despatch of the documents as mentioned above shall be

regulated as per the instructions contained in Police Order No. 183.

5. After preliminary examination of documents the Inspector of Police,

Handwriting shall avail the assistance of Photo Cell in preparation of photo

documents etc.

Sd/-A. Mishra, Special Secretary to Government.

200

CIRCULAR ORDER NO.9/ 2003 Sub: Examination of Questioned Documents. It is invariably noticed that Investigating Officers are forwarding

documents for Expert’s opinion without following the guidelines contained in Appx.25

of P.M.R. Volume-II and Police Order 183 for which the documents are often

returned by the Expert for rectification of defects, thereby causing avoidable delay in

disposal of the matter. It may be borne in mind that, if due care is not taken while

collecting the standards for comparison at the initial stage, the suspect may not

cooperate subsequently with the I.O. for giving specimen in his natural way of writing

and may even refuse to give specimens being influenced by others. Vigilance

Investigating officers are therefore, instructed to stick to the following guidelines while

submitting documents for expert opinion.

(i) Markings:- Each Questioned Document should be encircled in blue or red pencil and

marked as Q1 , Q2, Q3 ... etc., specimens as S1 , S2, S3... etc., and admitted writings

as A1 , A2, A3 .... etc. in order to distinguish them from each other and from rest of the

writings on the documents.

(ii) Forwarding letter and despatch of the documents:- A typewritten statement in duplicate should be furnished, briefly giving the

facts of the case and clearly indicating which of the documents are Questioned ones,

which are specimen ones and which are admitted ones and the points on which

Expert’s opinion is required. The documents should always be sent in a sealed cover

by Registered Post or through special messenger, duly forwarded by the S.P./D.S.P.

and not directly by the I.O. The requisition for the services of the Examiner of

Questioned Documents, should be made through the A.I.G. of Police, Vigilance,

Orissa, Cuttack.

(iii) Specimens:-

(a) At least six sets of specimens, on separate sheets of paper, written to

dictation in the hand of the accused containing the same matter as

present in each of the disputed writing, should be collected in

presence of independent witness(es).

(b) In case of very limited writings/ signatures/initials as the case may be,

six specimens may be taken, per sheet on six separate sheets

(i.e.6X6 = 36 nos)

201

(c) As far as practicable specimens should be obtained at corresponding

places on paper of similar size, nature, printing design in common to

the disputed documents. (Xeroxed copies of similar forms may be

utilised to obtain specimen writings/signatures).

(d) In case of pencil writings three of the specimens should be in pencil

and the other three should be in pen. Similar is the case with carbon

writings.

(e) If the disputed signature is over revenue stamp, atleast three sets (i.e.

6X3=18 nos.) of specimen signatures should be taken over revenue

stamps and other three sets on plain paper.

(f) When it is felt that the suspect is trying to disguise his handwriting,

more specimens, say 10,15 or even 20 copies, if possible, should be

collected.

(g) Three copies of a set paragraph written to dictation in the hand of the

suspect containing several words, capital letters, figures and letter

combinations in common to the disputed writings and occurring at

different places of the set paragraph may also be obtained.

(h) In no case disputed writings should be shown to the suspect while

collecting the specimens from him. Each specimen should be taken

out of his view after it is written.

(iv) Rubber stamp impression/seal impression :- At least three sets (i.e. 6X3=18 nos.) of clear inked specimen impressions

from the suspected rubber stamp /seal may be obtained on three sheets of paper. If

the suspected rubber stamp/seal can be spared the same may be seized and sent to

the expert. If the suspected rubber stamp/seal is not available then some clear

impressions of the suspected rubber stamp which are available on some other

documents may be collected and sent for examination.

(v) Typewritten specimens:- Three copies of typed specimens corresponding to and containing the same

matter as present in the disputed documents may be obtained from the suspected

202

type-machine. Quality of the paper, spacing and arrangements should be similar to

the disputed document.

(vi) Admitted writings/signatures:- Admitted writings/signatures written in ordinary course of business of the

suspect preferably of the period near about the date of occurrence may be collected

and sent for examination along with the specimen writings/signatures of the suspect.

However, no writings/signatures should be characterised as admitted writings/

signatures unless it is really so and can be proved as such during trial.

(vii) Ambiguous questions are often asked by the I.Os which create confusion and

are difficult to attend. It should be borne in mind that the disputed writing i.e.

unknown writing is always compared with a known set of standard writings i.e.

specimen and admitted writings so as to know the genuineness or otherwise of the

unknown writing.

(viii) Inter-se comparison of two disputed writings or inter-se comparison of two

known writings is not admissible.

(ix) For opinion about addition, alteration, obliteration, interpolation, physical

examination of ink, paper, gum etc. no specimens are required. In respect of these,

the I.O. should simply make query to the expert so that they can be attended to.

(x) Opinion on xeroxed document is not possible for which specimen signatures

may not be collected and sent for examination.

(xi) Documents relating to cases which are very unimportant in nature or where

Expert’s evidence will be of doubtful utility or where no other corroborative evidence

is available, should not be sent for Expert’s opinion, to avoid unnecessary wastage of

time and money.

(xii) Where forgery is suspected to have been committed by one person on

several documents of a similar nature, only a selected few (about 2 or 3 ) of such

document should be sent for, examination in the interest of economy.

Sd/-A.Mishra I.G. of Police, Vigilance, Orissa, Cuttack.

203

CIRCULAR ORDER NO. 1/2004

Ref: Resolution No.7182/V.Co dated.10.12.1998. Sub: Reimbursement of Trap money by Vigilance. As per the Resolution referred to above(copy enclosed), the Director,

Vigilance has been empowered to reimburse the trap money by making provision for

it in the budget every year and credit equivalent amount under the appropriate head

of account on realization from the Court after disposal of the connected case.

In a charge sheeted case the Court decides as to who should receive

the seized amount and the same is reflected in the judgement whereas in a final

report case after its acceptance the court passes order as to disposal of the seized

amount. The objective of this circular is to ensure that the trap money is not given to

the complainant who on his representation has received the amount by way of

reimbursement from the concerned S.P. of the Division in accordance with the

Resolution cited above. In order to avoid double payment, it is therefore, necessary

while reimbursing the amount an undertaking in triplicate in the enclosed proforma

(Annexure A&B) be obtained from him and the fact thereof be mentioned clearly in

the case records and in the CDs. One copy should be retained in the S.P’s office in

the crime section, one be sent to the P.I. office for record and the 3rd one to Special

P.P. for future reference and necessary action. After final reports are accepted, the

P.I. will make prayer to the Court to release the trap money in favour of Government

and if required, copy of this undertaking will be submitted to the court. The

Prosecuting Inspector will receive the money on behalf of the S.P. and handover the

same to the Divisional office. In the cases taken up for trial, Special Public

Prosecutor will mention to the Court about reimbursement to the complainant and

pray for release of the amount in favour of Government. On receipt of the amount in

the Divisional Office, the same should be deposited in the treasury under the

appropriate head as per the Resolution No.7182/V.CO. dated 10.12.1998. Copies of

all these papers including treasury challan should be kept in the connected file in the

Divisional Office.

Sd/-G.C.Nanda Director-cum-Addl.D.G. of Police, Vigilance,

Orissa, Cuttack.

204

GOVERNMENT OF ORISSA, GENERAL ADMINISTRATION (VIGILANCE) DEPARTMENT, CUTTACK.

RESOLUTION NO.7182/V.CO(RA) DATED, THE 10TH DECEMBER, 2008

Sub: Reimbursement of Trap Money.

The review of the present practice of the complainants providing

the money towards bait for trapping corrupt public servants and waiting for its

refund till disposal of the case by the Court has been under the consideration

of the Government for some time past.

After careful consideration, Government have been pleased to

decide that an amount equivalent to the money paid by the complainant or

informant shall, on application, be refunded to him by or under the orders of

the Director-cum-I.G. of Police, Vigilance, Orissa and an acknowledgment of

refund obtained from him in the form prescribed (Annexure-A).

Government have been further pleased to decide that Director-

cum-I.G. of Police, Vigilance shall be competent to make provision in the

budget every year under the appropriate head of account viz. Demand No.-2-

2070-0AS-104-Vig. - 0308- Dist. Estt.- 78113 -Trap Money and to credit an

equivalent amount under the said head of account on realisation from the

Court.

This order issues with the concurrence of the Finance

Department vide their U.O.I. No.2002-AS{M) dated 2.9.98 read with

U.O.I.No.4398 PSF. dated 16.11.98.

BY ORDER OF GOVERNOR Sd/- SPECIAL SECRETARY TO GOVERNMENT.

205

ANNEXURE – A

FORM OF ACKNOWLEDGEMENT 1, Sri ___________________________________________ hereby

acknowledge to have received from ___________ a sum of Rs. _____________

________________(in words) only being the amount paid by me in Trap Case No.

________ 19 ________ against Sri/ Smt./Ku ___________________

________________________________________________________________

(Designation / Department / Name of Office / District in the presence of (1) from S.P.,

Vigilance ________________ Division, _________________.

FULL SIGNATURE OF INFORMATION WITH DATE AND ADDRESS

ANNEXURE – B To

______________________ Court.

Sub: Authority to release the Trap Money in case No. _________ to

Government _____________________ .

Sir,

I do agree that I shall not hereafter claim from the Government, G.A.

(Vigilance) Department the Trap money in the aforementioned case on any ground

whatsoever and Government shall be entitled to receive, collect and appropriate to

itself the Trap money deposited by me in your Court in connection with the aforesaid

case.

2. I, therefore, request that as and when the Court passes any order for

refund of the said trap money, the same may please be released in favour of

Government and for that, purpose I hereby authorize government to receive, collect

and appropriate to itself the ‘said trap money.

Yours faithfully, (Complainant/ Decoy)

206

CIRCULAR ORDER NO. 2/2004 Sub: Execution of warrants. It has been brought to the notice of the Directorate, that large number

of warrants are pending with Squads/Units /Division Offices, without any effort to

execute the same. This has resulted in lingering of trial in the connected cases. Ss.P.

are, therefore, directed to monitor execution of pending warrants on regular basis

and arrange special drives for the purpose.

While submitting the monthly and quarterly statement of achievements

in Criminal cases/Files/I.Rs etc. to the Directorate, the Superintendents of Police are

directed also to furnish the following information.

1. Total No. of warrants pending at the beginning of the month/quarter.

2. No. of warrants received during the month/quarter.

3. No. of warrants executed during the month/quarter.

4. No. of warrants otherwise disposed of during the month/quarter.

5. Total number of warrants pending at the end of the month/quarter.

Steps also be taken to update the warrant register.

Sd/- G. C. Nanda Director-cum-Addl. D.G. of Police,

Vigilance, Orissa, Cuttack

CIRCULAR ORDER NO. 3/2004 Sub: Selection of witnesses in Trap cases It is noticed that selection of witnesses in Trap cases is not being done

properly. Lower Grade employees many times turn hostile during trial. It is difficult

for a low paid employee to withstand pecuniary temptation and other pressure. While

selecting witnesses we should try to get witnesses minimum of Class-III but

preferably Class-II and above. We should depute them with the team only after

verifying their reputation. Moreover witnesses should not be taken from such

department where level of corruption is high. Besides, witnesses should have

sufficient length of service (i.e. at least 10 years) so that trial can be completed

during their service period.

These instructions should be carefully noted and strictly complied with.

Sd/-G.C.Nanda Director-cum-Addl.D.G of Police, Vigilance,

Orissa, Cuttack.

207

CIRCULAR ORDER NO. 4/2004

Sub: Artificially inflated income figures in Disproportionate Assets case.

1. Under the Prevention of Corruption Act, it is an offence for a public

servants to be in possession of assets disproportionate to the known source(s) of

income of him during a particular period (check period) which the public servant is

not able to explain properly or adequately or which he has not duly disclosed to the

authorities as required under the law, rule and regulations prevalent at the relevant

time. This disproportion of assets is calculated with reference to all his income

during the check period. While calculating the income of the public servant during

the check period, not only his income from regular sources such as salary, house

rent, agricultural income, interest on deposits, etc. are taken into account, but also

loans that he is claimed to have received, both personal loans and institutional

loans, for various purposes.

2. Of late, it has been noticed that the accused are exploiting this

provision / practice and availing huge personal / institutional loans intentionally with a

view to inflating the total income during the check period on the basis of which

disproportion of the assets is calculated. In such instances, it is generally found that

public servant concerned fully remits the loans soon after availing the loans so that

there is no accrual of interest thereon.

3. While of course these loans cancel themselves out on the income and

expenditure side, however, while calculating the disproportion percentage during the

check period, such loans availed during the period are taken into the reckoning. This

is nothing but a clever manipulation on the part of the accused to drastically /

correspondingly reduce the percentage of disproportion so that prosecution on a

low percentage of disproportion becomes inadvisable.

208

4. It is therefore, hereby advised that in such instances where huge

loans are availed during the check period & fully repaid within the same period, the

same will not be taken into account for the purpose of income during the check

period. However, if part of the loans so taken remains un-remitted during the check

period, the same loan should be taken on the income side for the purpose of

calculation of the disproportion.

5. All this calls for a close scrutiny of the accounts of the accused,

particularly the bank accounts and the cash inflow and outflow statement. The

I.Os and S.Os (Supervising Officers) may keep this in mind during the investigation

and supervision of D.A cases and be on their guard against the unscrupulous

practice of the some of the accused in this regard as aforementioned.

Sd/- G.C. Nanda Director-cum-Addl. D.G. of Police,

Vigilance, Orissa, Cuttack.

209

CIRCULAR ORDER NO. 5/2004

Sub: Guidelines on tape recording statements. ...

In its various judgement the Supreme Court has laid down the

following guidelines for accepting tape-recorded statements by courts.

1. The voice of the speaker must be identified by the maker of the record

or other persons recognizing his voice. Where the maker is unable to

identify the voice, strict proof will be required to determine whether or

not it was the voice of the alleged speaker.

2. The accuracy of the tape-recorded statement must be proved by the

maker of the record by satisfactory evidence direct or circumstantial.

3. Possibility of tampering with or erasure of any part of the tape-

recorded statement must be totally excluded.

4. The tape-recorded statement must be relevant.

5. The recorded cassette must be sealed and must be kept in safe or

official custody.

6. The voice of the particular speaker must be clearly audible and must

not be lost or distorted by other sounds or disturbances.

7. Tape-recorded evidence is admissible provided that the originality and

the authenticity of the tape are free from doubt. The

contemporaneous dialogue tape-recorded may form part of res gestae

and it would be admissible under sections 6,7 and 8 of the Evidence

Act.

All Investigating and Supervising Officers may note the same and

accordingly ensure compliance while recording statements which are intended to be

used as evidence during trial.

Sd/- G.C. Nanda Director-cum-Addl. D. G. of Police,

Vigilance, Orissa, Cuttack.

210

CIRCULAR ORDER NO.6/2004

Sub : Draft final form U/s 173 Cr. P.C. to be vetted by Law Officer and approved by Superintendent of Police before it is sent to

court. Some instances have come to notice indicating poor drafting of final

report/ charge sheet submitted to court. It appears quality of the charge sheet/ final report is not always being checked before sending the same to the court.

After due examination it is decided that final form U/s 173 Cr. P.C. sheet should be submitted by the I.O. This should be sent for vetting by the Special Public Prosecutor, Vigilance. After vetting this should be scrutinized and then approved by S.P. of Division/Cell. Only after the draft charge sheet is approved by the S.P. fair copy should be prepared by I.O. and sent to the Court. For Divisions of Balasore and Koraput where no P.P. is stationed in or near the headquarters, final report need not be sent for vetting by Special P.P. except in important cases.

While approving the final form among other things S.P. has to see

whether final form is in accordance with order of competent authority, whether all relevant records/documents are cited, whether all relevant facts are included. Normally final form should be sent to Court typed. (Handwritings are many times difficult to read).

Sd/-G. C. Nanda Director-Cum-Addl. D.G. of Police, Vigilance, Orissa, Cuttack.

CIRCULAR ORDER NO. 7/2004 Sub: Prosecution & R.D.A (Regular Departmental Action).

At conclusion of investigation, investigating officers are submitting detailed report after which Special Public Prosecutor submits his legal scrutiny report and S.P. his detailed report. It is found that in most cases where evidence is good only prosecution is being recommended / ordered. It may be noted that conclusion of trial takes lots of time, whereas RDA (Regular Departmental Action) is less time consuming. RDA also proves less expensive for the Government. Moreover prosecution only covers criminal aspects. Many times there are violation of rules apart from criminal act.

This has been examined and it is decided that apart from Prosecution, Departmental action may be recommended wherever necessary.

For example in Disproportionate assets cases, departmental action could be recommended for non intimation about acquisition of movable / immovable property and prosecution for main offence U/S 13(1)(e) P.C. Act. In misappropriation cases, departmental action could be recommended for small amounts or where evidence is weak, prosecution for bigger amounts/ where evidence is strong. In corruption cases, prosecution could be ordered for criminal aspects, departmental action for violation of rules/procedures etc. Sd/- G.C. Nanda Director-Cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

211

CIRCULAR ORDER NO. 8/2004

Ref: Vigilance Circular No. 3/96

Sub: No issue based enquiry to be ordered by S.P.

Vigilance Circular No.3/96 describes the power of different Senior

Officers of Vigilance to order open enquiries.

Recently it has come to light that some Superintendents of

Police to avoid taking approval of the Directorate are resorting to Issue Based

enquiries even when names of the Suspect Officers are known and S.Os. are of

Class-II or higher. It is hereby clarified that no S.P. can order an issue-based enquiry.

Issue-based enquiries can only be initiated on orders of DIG or above at Vigilance

Directorate.

Sd/- G.C. Nanda

Director-Cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack

CIRCULAR ORDER NO. 9/2004 Sub: Investigation of cases registered after open enquiry. Large number of criminal cases are registered in Orissa Vigilance as

a result of open enquiry. In such cases the FIR is filed by the officer conducting the

enquiry.

The question of whether the same officer should continue with

investigation has been examined. It is decided that in the interest of fair and

objective investigation, the investigation of the case should ordinarily be undertaken

by an officer other than the one who conducted the open enquiry.

Sd/- G. C. Nanda Director-Cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

212

CIRCULAR ORDER NO.10/2004 Sub: Guidelines for registration of Cases/ Open Enquiries – Petty

Matters to be avoided. 1. Criminal cases / open enquiries of the following types shall not be registered,

except where there are special reasons warranting a Vigilance Enquiry/ Investigation.

(i) Complaint / information relating to promotions, deputations or similar

departmental matters.

(ii) Complaint / information relating to false Travelling Allowance and

other departmental allowances unless false claims have been

preferred repeatedly and request has come from Department.

(iii) Cases registered and investigated by State Police unless they are

handed over very soon after registration.

(iv) Complaint / information relating to departmental irregularities where

the department itself is conducting an enquiry or taking necessary

action against the delinquent.

(v) Complaint / information relating to failure to report property or

monetary transactions or similar violations of conduct rules only.

(vi) Complaint / information relating to negligence due to which the loss

caused to Government is less than Rs.50,000/-.

(vii) Complaint / information relating to acceptance of below specification

work when the loss caused is small ( below Rs.50,000/-) and no

malafides are involved.

(viii) Complaint / information of Government Departments and Government

Undertakings relating to frauds, misappropriation, corruption etc., the

amount of which is below Rs.50,000/-.

(ix) Furnishing or alteration of false date of birth in service records, false

declaration of caste, at the time of appointment. (Such cases should

be referred to Crime Branch/ Local Police)

(x) DA cases against Class-III / Class-IV unless disproportion is high (say

200% or more )

(xi) Complaint / information relating to misuse of staff-cars or Government

vehicles or orderlies. ( may be referred to Department)

213

(xii) Complaint / information relating to the issues of certificates not

involving malafides.

(xiii) Complaint / information relating to shortage or losses where it is not

possible to fix responsibility due to defects in procedure.

(xiv) Complaint regarding harassment of sub-ordinate staff members,

favouritism in the office matters.

2. In any particular case of the categories mentioned above, when it is

felt by the S.P. of the Division that the matter should be enquired into by Vigilance

notwithstanding these instructions it should be referred to the Directorate.

3. Whenever, in accordance with the above instructions, a decision is to

be taken by any Vigilance Division on the complaint of a Government Department, Head of Department, or Head of Public Sector Undertaking, a copy of the Govt. /

Departmental communication containing such request should be sent to the

Directorate for final decision along with the recommendation of the Division..

3.Notwithstanding the above instructions, corruption on the part of very senior Public Servants should continue to engage the special attention of Vigilance as

corruption at such places needs to be viewed seriously. Similarly, corruption

constituting harassment of the common men by public servants who come in

contact with the general public as also corruption constituting an organized racket should continue to be taken cognizance of by the State Vigilance.

Sd/- G.C. Nanda Director-Cum-Addl.D.G. of Police, Vigilance,Orissa,Cuttack

214

CIRCULAR ORDER NO.11/2004 Sub: Enclosures to the Detailed Report / Final Report On completion of investigation I.O. prepares detailed report for appreciation of evidence by Senior Officers who take a decision about final form to be submitted in the court. Similarly on completion of open inquiry E.O. prepares final report. (Subsequently Final Report has been changed to Enquiry Report). To make the detailed report/ final report more meaningful, to help Senior Officers take correct decision and to improve the quality of decision making it is hereby decided that detailed report in criminal cases and final report in open enquiries will contain the following enclosures. 1. A calendar of oral evidence (proforma along with examples enclosed) and A Calendar of documentary evidence (proforma along with examples enclosed) in cases / inquiries (except DA cases/ enquiries where Annexure A,B,C,D would serve the same purpose).

2. In DA cases/ enquiries along with detailed report/ final report Annexure A,B,C,D giving the details of Income, Expenditure, End of check Period assets and Pre- check period assets should come in newly prescribed format which are enclosed. 3. Statement of all accused/ suspect persons (if statement is recorded more than once, then all such statements. However, with D.R. of a criminal case statement recorded during earlier open enquiry need not be sent). Sd/- G.C. Nanda Director-cum-Addl.D.G. of Police, Vigilance, Orissa,Cuttack.

ANNEXURE-A ( INCOME )

Item of Income Amount Documents proving the same

Persons proving the same.

Examples

Item of Income Amount Documents proving the same

Persons proving the same.

Net salary at Collectorate, Berhampur

Rs.6,00,000.00 Letter of DDO No.X dated Y

Accountant Mr. A DDO Mr. B.

Bank loan Rs.1,90,000.00 Certified copy of ledger of the bank

Branch Manager, C Field Officer D

G.P.G. Advance Rs. 50,000.00 Letter No.Z of AAO, Sambalpur

AAO, Sambalpur Mr.E

Interest received on deposit in SBI, Jagatpur

Rs. 15,000.00 Pass Book seized. Certified copy of bank ledger.

Asst. Manager, SBI, Jagatpur , Mr. F

Note Each item of income should be reflected separately. For example; Salary income at separate places should be reflected separately since separate documents/ persons would prove the same. Similarly interest income from different banks or different branches of the same bank should be reflected separately

215

Annexure-B ( EXPENDITURE )

Item of Expenditure Amount Documents proving the same

Persons proving the same.

Examples

Item of Expenditure Amount Documents proving

the same Persons proving the

same. Per capita expenditure on food clothing etc.

Rs.3,00,000.00 Letter No.I of BOSE Asst. Director,BOSE Mr.G

Maintenance of vehicle Rs.25,000.00 Letter No. II of MVI MVI Mr. H Registration fess, road tax etc.

Rs. 5,400.00- Letter No.III of RTO Chandikhol

ARTO, Chandikhol Mr.I, Head Clerk ,RTO office, Chandikhol Mr.J

Registration fees and stamp duty

Rs.30,000.00 Letter No.IV of Sub-Registrar,Cuttack

Sub-Registrar,Cuttack Mr. K, Dealing Clerk, Sub Registrar Office Mr.L.

Repayment of car loan Rs.14,2000.00 Statement of loan Account of SBI, Jagatsinghpur

Asst. Branch Manager, SBI, Jagatsinghpur, Mr. M, Accountant SBI, Jagatsinghpur Mr.N.

Note Each item of expenditure should be reflected separately. For example; Educational expenses of each child at different places should be indicated differently since separate documents and persons would prove the same.

Annexure-C ( ASSETS AT THE end of check period )

Assets at the end of

Check Period Amount Documents

proving the same Persons proving

the same. Example.

Assets at the end of Check Period

Amount Documents proving the same

Persons proving the same.

Land Rs. 2,31,012.00 Sale deed Seller Mr.O Cost of construction of house

Rs.13,47,000.00 Report of Vigilance Technical Wing

Jr. Engineer, Vigilance Mr.P, Executive Engineer, Vigilance, Mr.Q.

Bank Deposits at UBI, Phulnakhara

Rs.91,136.54 Certified statement of account from UBI, Phulnakhara.

Mr. R, B.M., UBI, Phulnakhara, Mr.S, Accountant, UBI, Phulnakhara.

House hold articles Rs.74,890.00 Inventory Search witnesses Mr.T and Mr. U.

Note Each item of asset at the end of the check period should be reflected separately.

216

Annexure-D ( ASSETS ACQUIRED BEFORE THE CHECK PERIOD )

Assets acquired before the

Check Period

Amount Documents proving the same

Persons proving the same.

Example

Assets acquired before the Check

Period

Amount Documents proving the same

Persons proving the same.

Gold and silver ornaments

Rs.2,78,430.00 Property Statement of accused submitted in year 1981

Mr.X , Custodian of the Property Statement.

Bank Deposits at SBI, Phulnakhara

Rs. 91,136.54 Certified statement of account from SBI, Phulnakhara.

Mr. R, B.M., SBI, Phulnakhara, Mr.S, Accountant, SBI, Phulnakhara.

Land Rs.2,31,012.00 Sale Deed Seller Mr. O

Note Each item of asset acquired before the check period should be reflected separately.

Calendar of Evidence (Oral) List of statements recorded by I.O./ E.O. during investigation/ enquiry

… Name & designation of person whose

statement recorded. In brief, what the statement

contains/proves. Example

Mr.X, DDO , Settlement Office, Balugaon His statement proves the pay particulars of accused during his posting at Balugaon.

Mr. Y, Clerk , DAO office, Chandikhol

His is accompanying witness in this trap case. His statement proves the pre-trap, post trap memorandum. He is eye witness to- accused accepting money and saying “where is the money” -which is proved by his statement.

Mr. Z , J.E. Vigilance, Technical Wing His statement proves the T.I. report, substandard nature of road construction work and excess payment to Contractor of Rs.89,472/-. ( Mr. Z conducted the field work for T.I. report.)

217

Calendar of Evidence ( documentary) List of all documents which are seized/ collected/ received and relevant for the case

List of documents seized/collected/received

What the said documents contains/proves

Some Examples

Letter No.XYZ of office of SAO, Madhupatna

Pay particulars of accused from January,98 to December,99 during his posting at SAO, Madhupatna.

File No…X…./2004 of Commerce & Supplies Department, Bhubaneswar

This is the file containing tender for computers This proves that L-1 was ignored without sufficient reason and L-2 was awarded the contract.

T.I. report of Technical Wing, Vigilance Directorate, Cuttack

Proves sub-standard road construction and excess payment of Rs.2,90,372/- to Contractor.

Report of Chemical Examiner, Bhubaneswar

Proves that hand wash of accused contained phenolphthalein but pocket wash did not contain phenolphthalein powder.

218

CIRCULAR ORDER NO.12/ 2004 Sub: Frequency and format of Progress Reports (P.Rs). Vigilance Circular Order No. 2/88 prescribes monthly frequency of the P.Rs. in all open enquiries/ criminal cases. Similarly Vigilance Circular Order No. 2/95 prescribes format of the P.Rs. in cases and prescribes monthly submission of P.Rs. in cases. Vigilance Circular Order No. 5/96 prescribes format of P.Rs. in O.Es. as well as its frequency. It has been laid down in the Circulars that P.Rs. in all Cases and Open Enquiries should come to the Directorate. P.R. in O.Es. registered on orders of S.P. In Vigilance Circular Order No.3/96 S.P. of a Division has been given the power to order registration as well as finalisation of open enquiry against Class-III and Class-IV Govt. servants as well as Special Gazetted Officers. Hence after due deliberation it is hereby decided that in open enquiries in which registration is ordered by S.P. the P.R. need not come to the Directorate(till such cases/ O.Es. become time-barred). However, in such cases S.P. must review the O.E. once a month and give written instructions. Once any enquiry becomes time barred, P.Rs. will come to the Directorate (irrespective this having been registered on order of SP) from the date the said enquiry becomes time barred. Hence Ist P.R. should come on the date open enquiry completes 4 months. If enquiry is finalised within four months, no E.R. would be sent but a copy of D.R. and order of S.P. should be sent. Till when should the P.Rs. come ? In Criminal cases P.R. should come till report U/s 173 Cr.P.C. (Charge sheet or Final report) is filed in the court and acknowledgment from P.I. received. In O.Es. P.R. should come till S.P’s report is sent, (In case of Departmental Action) or cases registered (if criminal case is ordered) or till final order is passed (in case of closure)

Change in format of the P.R. after final orders So far as format for the P.R. is concerned, it remains unchanged till final order is passed. However, once the final order is passed further P.Rs. should be sent in a simplified format a copy of which is enclosed.

Sd/- G.C.Nanda) Director-Cum-Addl. D.G. of Police,

Vigilance, Orissa, Cuttack. PROGRESS REPORT ( IN CASES/ O.Es. WHERE FINAL ORDER IS PASSED 1. P.R. No. and date 2. Case/ File No. and date of registration. 3. Name of accused/ suspect persons along with present posting and date

of retirement 4. Date of passing of the final order along with gist of the final order 5. Date of sending of S.P.’ report, (if sent.) 6. Developments.

219

CIRCULAR ORDER NO.13 /2004 Sub: Cooperation between different Divisions in matters relating to part enquiry / investigation Instances have come to notice where I.Os. are travelling long distance

and wasting days together for investigation of routine/ small matter. In one instance

an I.O. visited hundreds of kilometres to another Division’s headquarters for

examination of an officer to prove pay particulars and returned back empty handed

because the officer was not available. In such case it would have been better to

entrust this work to an Officer of the Division where this office was located.

All Ss.P. are advised to encourage their I.Os. to send requisition for routine examination of witnesses or for other routine / small verification / inquiry / investigation.

Requisition in such matters should be sufficiently detailed so that the

I.O. to whom work is entrusted does not have to refer back to original I.O. again and

again. Where examination of witness is requested, a questionnaire may be enclosed.

Requisition received from other Divisions should be properly acted

upon and reply sent. Requisition should be sent at the level of S.P. and monitored at

their level.

This will reduce unnecessary travel as well as unnecessary wastage

of time. However, in cases where examination of witnesses is expected to elicit new

unknown facts or where thorough knowledge of the case is necessary to undertake

the enquiry/ investigation/ verification I.O. could still be sent.

Sd/- G.C.Nanda Director-Cum-Addl.D.G. of Police, Vigilance, Orissa, Cuttack.

220

CIRCULAR ORDER NO.14/ 2004 Sub : Keeping Standing Counsel, Vigilance / Additional Standing

Counsel, Vigilance posted on the change in the status of vigilance enquiry upto the Final Form.

* * *

It has been brought the notice of the Vigilance Directorate by our

Standing Counsel, Vigilance that in vigilance matters which come up before the

Hon’ble Court such as anticipatory bail petition/ bail petition etc. often there is a

failure to communicate the change in the status of the vigilance enquiry/ investigation

as the case may be, to the Standing Counsel, (Vigilance) / Additional Standing

Counsel, (Vigilance) in time with the result that the counsel is not able to properly and

correctly represent the case before the concerned bench. Such communication gap

between the Directorate/Vigilance Division and the Standing/ Additional Standing

Counsel, Vigilance leads to embarrassing situation in the court, and inadvertent

misrepresentation of the status. For instance, while the anticipatory bail petition

moved at the Open Enquiry stage can be opposed as premature, but if in the

meantime a Criminal case has been registered, and the counsel, unaware of the

change in the status, continues to oppose it as premature, the Hon’ble Court can

take it amiss, as misleading.

Similarly, in respect of the same petitioner, there may be more than

one vigilance enquiry/criminal case and all such related enquiries/ investigations are

to be brought to the notice of the counsel concerned so that he is kept fully in the

picture and is thus enabled to properly represent matters before the Hon’ble Court.

Needless to say, this will enable the counsel to be on his guard against any possible

misrepresentation or misleading by the petitioner/counsel for the opposite party.

Thus, when a vigilance enquiry leads to the registration of a criminal case or the

investigation culminates in a Charge Sheet/Final Report, the counsel concerned

should be kept informed at each successive stage of the matter. The Link Section

and Liaison Officer should compare notes every week and keep the Standing

Counsel/Additional Standing Counsel, Vigilance updated on the status of the matter.

Ss.P may please ensure this and guard against any communication gap in this

regard.

Sd/- G.C.Nanda

Director-cum-Addl. D.G. of Police, Vigilance, Orissa, Cuttack.

221

CIRCULAR ORDER NO.15/2004 Sub: File/Open enquiries on orders of Lokpal. Section 10(2) of Orissa Lokpal and Lakayukta Act. 1995 reads as

follows.

“Every such investigation shall be conducted in private and in

particular, the identity of the complainant and of the public servant affected by the

investigation shall not be disclosed to the public or the press whether before, during

or after the investigation :

Provided that the Lokpal or a Lokayukta may conduct any

investigation relating to a matter of definite public importance in public, if he, for

reasons to be recorded in writing, thinks fit to do so.”

In light of the above in open/file enquiries ordered on basis of Lokpal

references, the following precautions should be taken.

1. Identity of the complainant as well as suspect public servant shall not be disclosed.

2. For this E.O./S.P. have to be especially careful while making correspondence. In such cases when requisitioning documents only subject matter of the enquiry should be indicated and not the name of complainant/ suspect. All such correspondence should be marked confidential.

3. While examining witnesses also precautions have to be taken to examine witnesses not in public.

4. If any physical verification/ Technical Inspection is to be undertaken during the inquiry, this should be done discreetly without revealing identity of complainant/suspect, revealing only subject matter of inquiry.

5. Findings of the enquiry should not be shared with any other authority except with approval of the Lokpal.

Sd/-G.C.Nanda Director-cum-Addl. D.G. of Police,

Vigilance, Orissa, Cuttack.

222

CIRCULAR ORDER NO. 16/2004

Sub. : Anti-corruption work of Forest Wing I Department.

It is found that Forest Wing attached to the Divisional offices can be used

more productively than being done at present. Presently the Forest Wing Officers are

doing; (1) Field Verification in a case or Enquiry on requisition from the IO/EO. (2)

Detection of forest offences like smuggling of goods etc. on their own information by

conducting checks/raids.

The Forest Wing Officers should be encouraged to submit Anti-Corruption Intelligence Report about corrupt public servant also. Such ACIR could be

about Disproportionate Assets of officials, about misappropriation in plantation work or

about other acts of corruption.

Forest officials could also be entrusted with verification of information relating to forest offences. These informations could be those contained in the ACIR or

in the petition. While entrusting such verification SP should explain to the Forest Officers

the procedure of verification and guide them closely.

Whenever Forest Officials are coming with information about ongoing

forest offences, efforts will be made by Divisional SP to organise a team/vehicle at the

earliest to intercept the smuggling or seize the forest products. Delay can many times

mean that the offender get away.

Whenever information about organised crime of forest offences comes

to light Vigilance should take active role involving Forest Department and Police, if

necessary. In such cases joint operation should be seriously considered.

Ss.P. may hold cooperation meetings with senior Forest Department

Officers at least twice a year.

Sd/- G.C.Nanda Director-cum-AddI.D.G. of Police, Vigilance, Orissa, Cuttack.

223

CIRCULAR ORDER NO. 1/2005

Sub. : Vigilance clearance with correct complete particulars requested - regarding.

I have been directed to state that while seeking vigilance clearance in

respect of various officials under their respective departments/ organisations it is

noticed that full particulars about the official concerned are not given with a result that

clearance is given or denied to the wrong person. Needless to say this results in

avoidable hardship to innocent people. Therefore, in order to obviate the same it is

requested that while seeking vigilance clearance, the following details may be given.

1. Full Name (Not Abbreviated) of the official

2. Full Name of the father of the official

3. Date of Birth

4. The Cadre/Departments to which the official belongs.

Sd/- V. Thiagarajan I.G. of Police, Vigilance, Orissa, Cuttack

224

CIRCULAR ORDER NO. 2/2005

Sub: Periodical Review of Suspension of accused public servants in Vigilance Cases.

1. On a careful consideration of the issue of continued suspension of

accused public servants in vigilance cases, it has been decided to review such

suspension cases every 3 months, on our own initiative, without waiting for any

communication in this regard from the Government/respective Department.

2. For this purpose, the data of all the public servants who have been

suspended on the recommendation of Vigilance Department shall be fed in the computer,

as provided by the DSP (Coordination) on collection of the same from DSP(N) and

DSP(S). At the end of every month, the list of all such suspended public servants, who

have completed 3 months of suspension, should be put up in file to the Director through

DIG(N)/DIG(S)/IG(C) for perusal.

3. In respect of Class-III officials (Supervisory level) a Review Committee,

consisting of DIG(N/)DIG(S)/IG(C) will review every month the cases of suspended public

servants who have completed 3 months of suspension, and recommend the revocation of

suspension and reinstatement of the concerned official, or further continuance of

suspension, depending on the facts and circumstances of each case, as well as the

conduct of the official in the matter of cooperation with the investigating officer, non-

interference with the course of investigation, non-intimidation/influencing the witnesses,

etc. based upon reports from the jurisdictional Vigilance Superintendents of Police.

4. The recommendations of the Review Committee will be put up in file every

month to the Director, Vigilance who will decide on all such cases and report the same to

the Chief Secretary for kind information and appropriate action.

5. In respect of Class-I and Class-II Officers, while the Vigilance Department

will await communication from the Government calling for views of the Vigilance

Department on revocation of suspension, the same exercise of periodical review and

decision will be done as well as in the case of the Class-III employees and kept ready for

report to the Government, as and when due.

Sd/- G.C. Nanda Director-cum-AddI.D.G. of Police, Vigilance, Orissa, Cuttack.

225

CIRCULAR ORDER NO. 3/2005

Sub: Cancellation of Bail of accused persons in the High Court.

It is found that in a few instances the accused persons released on

conditional bail granted by Hon'ble High Court are violating the conditions of bail

bond. To cancel the bail bond in such case the I.Os are sending request letters to

Standing Counsel, Vigilance to move the Hon'ble High Court for cancellation. In

absence of the I.O. and certified copy of bail order of High Court communicated to

concerned S.P., Vigilance/ L.A., it is not possible on the part of Standing Counsel /

Additional Standing Counsel, Vigilance to prepare cancellation petition and to file the

affidavit in the High Court, resulting in unnecessary delay in moving the Hon'ble High

Court for cancellation of Bail Bond.

To avoid such unnecessary delay, it is ordered that the I.O. should

personally meet Standing Counsel / Additional Standing Counsel, Vigilance along

with original copy of Bail Order so that the cancellation petition can be drafted and

along with the affidavit of the I.O., the same can be filed immediately by the Standing

Counsel, Vigilance.

Sd/- G.C.Nanda Director, Orissa State Vigilance

226

CIRCULAR ORDER NO. 4/2005

Sub: Instructions on Technical Inspection Report - regarding.

It is observed that the Local Engineers are not conversant with the

procedure adopted by the Engineers of Vigilance Technical Wing while conducting

Technical Inspection. Therefore, it is ordered that the EOs/I.Os are to follow the

following instructions as regards Technical Inspection.

1. Minor works costing less than Rupees one lakh should be inspected

by the Local Engineers and the Technical Inspection Reports are to be prepared

keeping in mind the following points, to avoid problems in future.

i. Estimated cost.

ii. Nature of work.

iii. Agreement No. with cost.

iv. Calculation sheet alongwith field data.

v. Detailed report covering all aspect such as tender procedure and a brief history of the work etc.

vi. Any other documents felt necessary.

Technical report should be conclusive and complete in all respects

covering the findings in definite terms. Local Engineers may adopt a technical report

of Vigilance organisation as a model.

2. Clarifications sought for by the EO./I.O. on technical matters, should

come through S.P. or D.I.G. after proper processing.

3. Technical Inspection programme should not be deferred by the

EO./I.O. without pressing reasons and approval of Superintendent of Police. Such

deferral should be under intimation to concerned D.I.G.

Sd/-G.C.Nanda Director, Orissa State Vigilance

227

CIRCULAR ORDER NO. 5/2005

Sub : Computerization of basic data on cases pending for sanction/referred for Departmental Action.

1. It has been observed that Data on cases/old cases pending for

sanction only in G.A. Department has been computerized and Data on cases/old

cases pending for sanction in other Departments/competent authorities have not

been computerized or basic informations of these cases are not available in Vigilance

Directorate. Similarly list of cases referred for Departmental action has not been

computerized in Vigilance Directorate.

2. Therefore, it is directed that, Ss.P(Vigilance) including Cell S.P.

must furnish in every month the basic informations on cases / old cases pending for

obtaining sanction order from any other Departments / Competent Authorities

Department wise in the format supplied herewith (Copy enclosed) to Directorate.

They must also furnish in every month the list of cases referred for Departmental

action.

3. On receipt of these informations Section Officer, Law General

shall record it in the relevant registers and pass on the informations to Inspector,

Computer for necessary computerization. Inspector, Computer shall feed the Data in

Computer Department wise for future reference.

Ss.P. (Vigilance) shall ensure timely feeding of Data to Directorate.

Sd/-G.C. Nanda Director, State Vigilance, Orissa.

228

Annexure - I

Sanction of prosecution pending with Government of India/ Govt. of Orissa (General Administration Deptt) /

Heads of Department / District Authorities and Public Sector Undertakings.

…

Sl. No.

Case No. Classification of the case.

Name & designation of the accused.

Letter No. & date on which moved for sanction.

Date of pre-sanction discussion.

1 2 3 4 5 6

Annexure - II

SANCTION PENDING IN OTHER DEPARTMENT OF GOVERNMENT. …

Sl. No.

Case Reference

Type of Offence Name of the accused

Deptt. with whom pending With letter No. & Dt.

Date of pre-sanction discussion.

1 2 3 4 5 6

229

CIRCULAR ORDER NO.6/2005

Sub: Prosecuting hostile witnesses for perjury U/s. 193/195 IPC in Vigilance Cases, particularly in trap cases.

1. It is seen that crucial witnesses in vigilance case in general, and

decoys and trap witnesses in particular sometimes turn hostile at the time of trial with

impunity ending in acquittal of the case, and miscarriage of justice, besides seriously

eroding common man's faith in the criminal justice system as a whole. To remedy

this, witnesses who turn hostile must be prosecuted/punished.

2. It is, therefore, imperative that the Investigating Officers brief the

complainant thoroughly about the consequences of his giving a complaint. The

Investigating Officer should brief the complainant and accompanying witness on the

following points :

1. The Investigating Officer should inform the complainant that he/she

has to depose evidence at least twice in court after the case is

registered i.e. first for the 164 Cr.P.C. statement and then to depose in

the court at the. time of trial.

2. That the trap amount would be reimbursed only on his/her abiding by

the original complaint in the 164 Cr.P.C. statement,

3. That failure to depose consistently would make him/her liable for a

case to be registered against him/her under anyone or a combination

of Sections 181, 182, 193, 195 and 211 of the Indian Penal Code.

Those are briefly,

181 IPC is False statement on oath before a Public Servant

182 IPC is False information to a Public Servant so as to injure another

193 IPC is Punishment for perjury perse

195 IPC is Punishment for perjury intended for conviction in serious offences.

211 IPC is False charge with intent to injure punishment for.

230

3. Proof of Perjury:

To prove the charge Uls. 193 IPC, there should be two statements of

the person made on oath, virtually making statements contradictory to each other

and oath against oath. Either one of the statements must be false. The denial of the

truth of one statement by the witness falsifies the other statement and the

prosecution is not obliged to prove which statement is false and which statement is

true and this includes the part or parts of either of the statements made on oath.

4. Guidelines for the Investigating Officers:

1. In trap cases, the statments of the complainant and the accompanying

witness, if any, have to be invariably got recorded U/s. 164 Cr.P.C. as

early as possible. Of course, if the I.O. has any apprehension that

either, or both, may resile from their original statement for whatever

reason, then 164 Cr.P.C. proceedings should be avoided.

2. If for any reason the statements U/s. 164 Cr.P.C. contain any material

discrepancies by way of additions or omissions, the I.O. concerned has

to record the statement U/s. 161 Cr.P.C. once again and elicit the

reasons for such discrepancies immediately thereafter so as to

satisfactorily explain the same.

3. In case of Government Servants whenever they figure as witnesses or

mediators or accompanying witnesses their statements need not be

got recorded U/s. 164 Cr.P.C. Their conduct is governed by the

Conduct Rules and they can be severely dealt with for any misconduct

committed by them provided there is a reasonable prospect of the trial

being held during their service period.

5. Action by Legal Officers when witness turns hostile:

5.0. Concerned Special Public Prosecutor in the Courts of Special Judges

should file an application in open court for initiating action against complainant and

other witnesses when they resile from their earlier statments recorded U/s. 164

Cr.P.C. during the trial at the time of argument. The Special Judges are expected to

record their findings in the judgment and order initiation of Criminal proceedings U/s.

193 I.P.C.

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5.1. The concerned SsP have to ensure that a petition U/s.340(1) Cr.P.C.

is filed by the Prosecutors, well before the judgement is delivered (a) soon after the

complainant turning hostile. This gives us an opportunity to go on appeal, in case the

trial court decides to ignore our prayer for declaring the witness hostile. This can

happen only if trial processes are monitored closely by the Superintendents of Police.

5.2. While filing application U/s. 340(1) Cr.P.C., the Special Public

Prosecutors have to mention the reasons for initiation of Criminal Proceedings

against particular witness by extracting portions relating to evidence in the deposition

by mentioning the Sections 182, 211 & 193 IPC. The Special P.Ps have to prepare a

draft complaint and assist the court in preferring a complaint wherever necessary.

5.3. The concerned Public Prosecutors should remind the courts of Special

Judges through an application for taking further steps. The initiation of proceedings

can be taken up even by the successors in office in the event of transfer of the

concerned Judge.

6. I.O. to assist the Special P.P. :

6.0. The Investigating Officer of Anti-corruption Bureau concerned has to

attend that Court and assist the concerned Public Prosecutor conducting the

prosecution including the service of summons to witnesses. The Special Judge

should not be cited nor summoned to the Court. The Bench Clerk concerned will be

cited and summoned to mark all the documents.

7. Prosecution and conviction for perjury - will have a salutary impact on the Justice System as a whole :

7.0. Identifying critical witnesses in important cases, getting their pre-trial

evidence recorded on oath U/s. 164 Cr.P.C., and successfully prosecuting them for

perjury in the event of their hostility will have positive and far-reaching impact on the

Criminal Justice System as a whole, and as such, merits the personal attention of the

Superintendents of Police.

Sd/- G.C. Nanda Director-cum-AddI.D.G. of Police, Vigilance, Orissa, Cuttack.

232

CIRCULAR ORDER NO. 7/2005

It has been noticed that no written arguments are submitted during the

trial of the vigilance cases with the result that there is no scope for the S.P. or any

other Senior officers to add, modify and improve upon the arguments.

Only after the trial is over and the judgment is delivered we come to

know the lacuna, if there are any, in the prosecution cases. To avoid this, it is

proposed that the PPs/Spl. P.Ps. may submit written arguments at the time of the

trial so that the S.P. gets scope to make suggestions where called for. A copy of the

written arguments may be sent to the DlsG concerned.

Sd/- G.C. Nanda Director-cum-AddI.D.G. of Police, Vigilance, Orissa, Cuttack.

233

CIRCULAR ORDER NO. 8/2005

Sub : Trap cases - inappropriate application of Section 13(2) r/w 13(1)(d) - Prevention of Corruption Act 1988.

It is noticed that trap cases are invariably registered under Section 13(2)

r/w 13(1 )(d) PC. Act 1988 and Section 7 of the said Act. It is needless to say that trap is

executed only after a case is registered on the specific complaint. A careful examination

of the Section 7 and Section 13 reveals that case could be registered under Section 7

before transaction of bribe or gratification provided the suspect Public servant has agreed

to accept or obtain the same for the purposes mentioned in the said section. In fact, there

is no need for a trap if the transaction is already over prior to the lodging of the FIR

unless the concerned Public Servant insists to obtain more bribe. Whereas under Section

13 FIR could be lodged only after transaction of bribe or gratification is complete.

Therefore, it is clarified that in a trap case there is no need to apply Section 13 at the FIR

stage and here Section 7 is the appropriate Section. Application of Section 13 at the FIR

stage is bound to create legal complications at the time of trial but there is absolutely no

bar to add this Section of P.C. Act while submitting charge sheet in a trap case along with

Section 7. The distinction between these two Sections must be kept in mind while

handling trap cases. Demand is not an essential ingredient of the offence under Section

7 of the PC. Act. Whenever the suspect official accepts the gratification/bribe, the

initiative is presumed to have been taken by the bribe giver whereas while obtaining

gratification/bribe there is an element of demand from the suspect official. In the absence

of demand if the public servant agrees to accept bribe/gratification Section 7 could be

applied without hesitation. Whereas, demand is an essential ingredient of the offence

under Section 13(1 )(d) as the term 'obtain' is retained and the term 'accept' excluded.

Sd/- G.C. Nanda Director-cum-AddI.D.G. of Police, Vigilance, Orissa, Cuttack.

234

CIRCULAR ORDER NO. 1/2006

Sub: Transfer of I.Rs.

It has come to. my notice that the Divisional Ss.P. are transferring I.

Rs to other Divisions on the point of jurisdiction or owing to administrative exigencies

without seeking approval from the Directorate. This is irregular and may create

complications later. Maintenance of secrecy and accessibility of limited officials to an

I.R. is a must in order to achieve the desired result. This has to be ensured.

It is, therefore, ordered that before transferring any I.R. from one

Division to the Other On the point of jurisdiction or due to other exigencies, approval

of respective D.I.G. is to be obtained.

Sd/- G.C. Nanda Director-cum-Addl D.G. of Police, Vigilance, Orissa, Cuttack.

235

CIRCULAR ORDER NO. 2/2006

Sub:- Presence of Suspect Officers during Technical Inspection.

It has come to notice that before going for Technical Inspection of a

site, the concerned E.Os/ I.Os are not intimating all the suspect officers associated

with the execution of the said work. This has resulted in considerable wastage of

manpower and resources in conducting re-inspection of the site, as taking advantage

of such a situation, some of the suspect officers, come up with a representation for

re-inspection of the site in their presence. In fact, this omission on our part may

eventually go in favour of the concerned public servants at the time of trial or

departmental enquiry.

It is, therefore, ordered that before going for technical inspection of a

site, the concerned E.O. / I.O. should ascertain the details of all officials associated

with the execution. They are to be intimated in writing sufficiently in advance through

their respective controlling authorities to remain present during technical inspection

on the date fixed. Similarly, in case of suspect officers, who have already retired from

service, intimation is to be sent to them in advance to ensure their attendance, and in

both the cases acknowledgement should be obtained in token of receipt of such

letters/notices and kept in the case record. This has to be ensured by the concerned

Divisional S.P.

Any instance of technical re-inspection of a site arising out of

negligence on the part of the E.O. / I.O. in duly intimating the officials associated with

the execution will be seriously viewed.

Sd/- G.C. Nanda Director-cum-AddI.D.G. of Police, Vigilance, Orissa, Cuttack.

236

CIRCULAR ORDER NO. 3/2006

Sub:- Timely Correspondence with Hon’ble High Court / Hon’ble Lokpal

It is hereby ordered that timely action is to be taken to submit

compliance to the order of Hon'ble High Court/Lokpal as delay in compliance to such

order will put the Vigilance Organisation to utter embarrassment. In order to keep

track of such correspondence in future, it is ordered that on receipt of any letter/order

of High Court/Lokpal, all Ss.P. of the Divisions, D.S.P, Link (S), D.S.P., Link (N) &

D.S.P. (Cell Section) of the Vigilance Directorate will enter in one separate Register

to be maintained with immediate effect. Following details should be entered in the

register.

(1) SI. No.

(2) Date of receipt of such letter I order

(3) Gist of such order I direction

(4) Specific date fixed by Court I Lokpal for compliance, if any.

(5) Date of sending reply to such order

(6) Cause of delay or any difficulty in compliance of such order during the

stipulated date, will be mentioned in Remark Columns.

At the end of each week on Saturdays or Friday in case, Saturday

happens to be a holiday the said Register is to be put up to respective Divisional S.P.

maintained at Division/S.P., Vigilance and D.I.S.G I I.G. at the Headquarters by the

respective link D.S.S.P.

The proforma to be maintained in such Register is mentioned below :

SI. No.

Name of High Court/ Lokpal from whom

letter is received.

Letter reference with gist of order of

court for compliance

Target date fixed by High Court/ Lokpal

for compliance

Actual date compliance to the order

of court

In case of delay,

cause of delay to

be explained

Remarks Observation/ Instructions of superiors,

if any

Current Status

1 2 3 4 5 6 7 8

For strict compliance.

Sd/- G.C. Nanda Director-cum-AddI. D.G. of Police, Vigilance, Orissa, Cuttack.

237

CIRCULAR ORDER NO. 1/2007

Sub : Prosecution and R.D.A. Section

A Prosecution and R.D.A. Section will be established in the Directorate

(by reorganization of Crime and Co-ordination sections) with immediate effect. It will do

the work that presently crime section of different Link Offices is doing with regard to

prosecution and R.D.A. apart from new duties assigned to it.

Duties (Prosecution)

1. To receive and monitor submission of Court P.R. by contacting Public Prosecutors and submit the court progress report to DIG/IG/Director through the Senior Officer in charge of Prosecution Section after due processing and scrutiny.

2. To coordinate all court related matters after charge sheet (or final report) filed in the court to keep track of proceedings before different courts and intervene if and when necessary.

3. To deal with all matters relating to vigilance cases (after filing charge sheet) pending in Supreme Court and High Court.

4. To devise mechanism/return for monitoring and evaluating the work of Spl. P.Ps conducting vigilance cases.

5. To submit proposals for appointment/transfer of Spl. P.Ps. (through Establishment/ Accounts Section)

6. To scrutinise all judgements, orders of different courts, to ensure its implementation and to process Court orders/judgement for deciding about appeal revision etc ..

7. To keep Range D.I.G./I.G./ADG informed about important developments in courts in cases of divisions under their charge.

8. To keep Director, Vigilance informed about all important matters relating to prosecution. To submit before him at least once a quarter present position of all pending trial cases.

9. To study judgement and court orders in vigilance cases and draft circulars/orders for systematic improvements in investigation/prosecution of cases by Vigilance Divisions/ Cell for approval of Director, Vigilance.

10. Proposal for creation of new courts for vigilance work and proposal for change in jurisdiction of courts for vigilance cases.

11. Monitoring of service of process including summons/warrants etc.

12. Distribution of cases among different Public Prosecutors where more than one public prosecutor are posted for the same court. Order of Director would be taken in such cases after ascertaining views of S.P., L.A. and concerned range D.I.G./I.G.

238

13. To process tour diary and all financial claims of Public Prosecutor and submit them to Accounts Section.

14. Any other work that may be allotted by Director, Vigilance.

Duties (R.D.A.)

a. To monitor initiation, progress and early finalisation of RDA proceedings arising out of Vigilance cases, Vigilance enquiries or Vigilance Intelligence Reports and to keep DIG/ IG/ADG in charge of respective division informed.

b. To monitor attendance of vigilance officials and production of vigilance records in departmental proceedings arising out of vigilance cases/enquiries/intelligence reports.

c. At the conclusion of proceedings to evaluate final order of the disciplinary proceedings with a view to adequacy or otherwise and to process proposal for review revision/appeal by competent authority, if and when necessary.

d. To keep Director, Vigilance informed of important RDA matters.

e. Any other work which may be allotted by Director, Vigilance.

PERSONNEL

(a) The Prosecution and RDA Section will be manned by one or more

Inspectors who will be assisted by S.I./ASI and constables as per

requirement.

(b) The work of Prosecution Section would be supervised by one DSP/Addl.

S.P. so designated.

(c) Legal Advisor, Vigilance will be the Senior Officer in charge of

Prosecution & R.D.A. Section.

FILES

As soon as a case is charge sheeted, a shadow file will be maintained in

Prosecution and R.D.A. Section. The original file would continue to remain in respective

Crime Section which may be called for, if and when necessary by Prosecution & R.D.A.

Section.

Sd/ -G.C. Nanda Director-cum - D.G. of Police, Vigilance, Orissa, Cuttack.

239

CIRCULAR ORDER NO. 1/2008

Sub: Delay in collection of information/documents in DA case - Time frame.

Circular order No. 4/06 prescribes time limit for finalization of

Investigation of D.A case within a year otherwise the case is to be treated as time

barred.

But it is seen that in most of the D.A cases more than a year is

consumed only for collection of information/documents on pay particulars, building

valuation report, opening of property statement, Land Security and Income tax

returns of the accused and his family members. As a result, the cases are pending

unnecessarily even beyond the prescribed time limit.

In view of this it is felt necessary to stipulate the time limit for obtaining

the above information from different quarters. So it is directed that in a D.A case the

requisitions be issued to different quarters under the signature of Division S.P. Before

sending of requisition to different quarter S.P must complete the scrutiny of the

documents seized during the house search. In case of need for help in collection of

information, the I.O. / S.P to contact the Chief Vigilance Officer of the respective

Department / Public Sector Undertakings. The I.O. will take follow up action and

obtain the information by telephone/personal contact as early as possible. He will

collect information/documents on pay particulars, building valuation report, property

statement and Income tax return, if any, within six months without fail. Difficulty,

if any, faced by the I.O. is to be reported to the Divisional S.P/Directorate promptly,

so that matter can be pursued at their level.

Deviation of this order will be seriously viewed.

Sd/- A.K.Patnaik Director-cum-Addl. D.G. of Police, Vigilance, Orissa, Cuttack.

240

CIRCULAR ORDER NO.2/2008

Sub: Service of summons on witnesses.

It has come to notice that very often summons are returned back to

the Issuing Courts un-served with an endorsement regarding absence of the witness

in his place of residence even though he might be absent temporarily. In most of the

cases, procedures laid down under Sec.64 & Sec.65 of Cr.P.C. are not being

followed by our officers/men in the matter of service of summons. This has resulted

in poor attendance of witnesses in the trial Courts for which the Courts have

expressed their concern for prolongation of trial.

Therefore, it is impressed upon all concerned that the officers/men

entrusted with service of summons should diligently carry out the job with a sense of

determination. In this connection procedures laid down under Sec.64 & Sec.65 of

Cr.P.C. should be strictly adhered to. Where the witness, by exercise of due

diligence, is not found the summons may be served by leaving one of the duplicates

for him with one of the adult male members of his family residing with him (other than

his servant) after obtaining acknowledgment thereof on the back of the other

duplicate. If service cannot be effected by the above method due to refusal of the

adult member, the Serving Officer shall affix one of the duplicates of the summons to

some conspicuous part of the residence of the witness and the same is to be

reflected on the backside of the duplicate copy of the summons for perusal of the

Court.

Sd/- A.K.Patnaik Director-cum- D.G. & I.G.of Police, Vigilance, Orissa, Cuttack.

241

CIRCULAR ORDER NO.1/2009

Sub: Recommendation for Departmental Proceedings.

Of late, it has come to notice that departmental proceedings are being

recommended against Public Servants for their involvement in Vigilance Cases in

addition to their simultaneous prosecution on identical charges in the Court. In all

such cases Articles of Charge, Statement of Imputation and Memo of Evidence ( as

per provisions of Police Manual Appendix 49 against Police personnel and as per

provisions of Orissa Civil Services (Control, Classification & Appeal) Rules, 1962

against other public servants are sent to the appropriate authorities for initiation of

regular departmental action citing the case related documents / records, collected

during investigation as Exhibits in the proceeding Enquiry to substantiate the charge.

Therefore', the delinquent officers taking advantage of initiation of departmental

proceeding & criminal proceeding simultaneously on common charges, offence

succeed in getting a stay order on the departmental proceeding from the

Administrative Tribunal till finalisation of the criminal proceeding against them which

is based on identical facts. In the event of acquittal of the delinquent Public

Servants from the charges in the Court, they come forward citing their acquittal in the

Vigilance Case and claim to drop the disciplinary proceeding, leaving no option for

the Disciplinary Authority but to drop the proceeding, Such exoneration of the

Delinquent Officer in Departmental Proceedings following their acquittal in Vigilance

cases in the Court of law not only entails them promotion to next higher rank

retrospectively but also provides ample scope of claiming huge financial benefit even

after their involvement in the allegation of Bribery, D.A , Corruption etc. Therefore, it

is hereby ordered that while furnishing Articles of Charge, Statement of Imputation

and Memo of Evidence against such Public Servants (in addition to their prosecutor

in the Court of Law) for their involvement in Vigilance cases, the charges should not

be identical to that of the criminal case and the copies of relevant records, collected

and relied upon during investigation to establish the charge against the accused in

the Court of Law, should not be cited as Exhibits in the proposed departmental

proceeding to substantiate the charge. The Departmental proceeding should be

recommended for failure to maintain absolute integrity and devotion to duty as

envisaged in rule-3 or 4 of the OGSCR 1959.

Sd/-A.K.Patnaik Director-cum-D.G. & I.G. of Police, Vigilance, Orissa, Cuttack.