ANDHRA PRADESH

ANTI-CORRUPTION BUREAU MANUAL

(GENERAL)
CHAPTER I

CONSTITUTION AND ORGANIZATION OF THE ANTI-CORRUPTION

BUREAU

1. The Anti-Corruption Bureau in Andhra Pradesh came into existence on 2-1-1961

as a separate Department to check effectively the evil of corruption in the services and
to improve the moral tone of the administration in the Sate, vide G.O MS. No. 1880,
General Administration (SC. C) Department, dated 16-12-1960. Earlier to this, the X-
Branch of the Police Department was investigating cases of corruption.

2. The Bureau has its headquarters at Hyderabad and functions under the over-all
control and supervision of a Director, who is of a rank of an Inspector-General of Police.
The Director functions as the Head of the Department directly under the administrative
control of the Chief Secretary to Government, in the General Administrative
Department. He enjoys all the privileges, and administrative and financial powers that
are ascribed to other Heads of Departments.

3. The Director is assisted by an Additional Director of the rank of Additional

Inspector-General of Police and 4 Joint Directors (of the rank of Superintendent of
Police) and 2 Deputy Directors (of the rank of Additional Superintendent of Police).The
functions and responsibilities of the Additional Director encompass all the wings of
the Anti Corruption Bureau under the over-all directions and supervision of the
Director. He functions as second in command and takes the decisions on behalf of

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the Director, when the Director is not available for urgent consultations. The Joint
Directors are allotted different territorial jurisdictions and the distribution of work
amongst them is as follows:
(a) Joint Director (Andhra Zone):
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In pursuance of the Policy decision taken to station Joint Directors at Regional

Centres, the Headquarters of Joint Director (Andhra Zone) was shifted from Hyderabad
to Visakhapatnam with effect from 27-9-1984. He is incharge of the Zone covering
Srikakulam, Vizianagaram, Vishakapatnam, East Godavari, West Godavari, Krishna
and Guntur districts.
(b) Joint Director (Rayalaseema Zone):
He is incharge of the Zone covering Prakasam, Nellore, Chittor, Cuddapah, Anantapur
and Kurnool districts.

(c) Joint Director (Telangana Zone):

He is incharge of the Zone covering Medak, Nizamabad, Adilabad, Karimnagar,
Warangal, Khammam, Nalgonda, Mahbubnagar and Rangareddy districts.
(d) Joint Director (City Zone):

He is incharge of the Zone covering the twin cities of Hyderabad and Secunderabad.

(e) One of the Deputy Directors is incharge of Administration and Operations:

Of the two Deputy Directors, one Deputy Director is incharge of Training Wing and other
Deputy Director is incharge of Administration and undertakes special enquiries and
special operations in certain target areas, entrusted by the Director.

4. The entire State is divided into 10 Ranges as mentioned below with a Deputy
Superintendent of Police incharge of a Range except the City Range, which has got two
Deputy Superintendents of Police.

1. Waltair Range. – Visakhapatnam, Srikakulam and Vizianagaram districts.

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2. Rajahmundry Range. – East Godavari and West Godavari districts.

3. Vijayawada Range. – Krishna and Guntur districts.

4. Nellore Range. – Nellore and Prakasam districts.

5. Tirupati Range. – Chittor and Cuddapah districts.

6. Kurnool Range. – Kurnool and Anantapur districts.

7. Hyderabad Range. – Ranga Reddy, Nalgonda and Mahabubnagar districts.

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8. Nizambad Range. – Nizambad, Medak and Adilabad districts.

9. City Range. – Twin Cities of Hyderabad and Secunderabad and Hyderabad

district.

10. Warangal Range. – Warangal, Karimnagar and Khammam districts.

5. An Inspector is incharge of each district. Three Inspectors are attached to each

Deputy Superintendent of Police and they are designated as Range Inspectors.
Normally all cases of enquiries/investi-gations of disproportionate assets and
Engineering cases are entrusted to the Range Inspectors so that they may specialise in
these types of enquiries/investigations. But for administrative reasons or on grounds of
urgency, such work can also be entrusted by the Range D. S. P. to the District Inspector
after obtaining permission of the Director.

6. (a) The Deputy Director (Administration and Operations) is assisted by two

Inspectors and two Sub-Inspectors of Police for undertaking special
enquiries/investigations entrusted by the Director/Additional Director, Anti-Corruption
Bureau and for special operations in certain target areas and
collection of information about criminal misconduct on the part of public
servants etc.,
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(b) Deputy Director, Training is incharge of Training and Operations. He looks after
the various training programmes that have to be conducted regularly. In addition to the
training programmes, he will be entrusted with important enquiries and special
operational works.

(c) These units will also maintain lists as instructed by the Director, Additional
Director or Joint Directors.

7. Subject to the general supervision and control of the Director and Additional
Director, the entire work in the respective Zones is controlled, directed and supervised
by concerned Joint Directors.
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8. All the above officers (excepting Inspectors) will undertake tours and inspections
and give constant guidance to their subordinates in respect of investigations and
enquiries. They will also scrutinise the final reports in all cases before forwarding them
to the Director. The Inspectors also are touring officers.

9. There is also a team of non-Police officers stationed at Headquarters, Hyderabad.

The team consists of :-

(i) Deputy Director, Forests (of the rank of Divisional Forest Officer.)

(ii) Deputy Director, Engineering (of the rank of Executive Engineer.) and Assistant
Director (of rank of Deputy Executive Engineer.)

(iii) Deputy Director, Revenue (of the rank of Special Grade Deputy Collector.)

(iv) Assistant Director, Commercial Taxes (of the rank of Commercial Tax Officer.)

(v) Accounts Officer/ Chartered Account.

10. The above officers drafted from their respective Departments to
the Anti-Corruption Bureau assist the Bureau in conducting enquiries
involving technical matters pertain-

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ing to their respective Departments. They also assist the Officers of Anti-Corruption
Bureau in the detection of any lacunae in the administrative and financial procedures
followed in their respective Departments.

11. Non-Police Officers may be drafted to the Anti-Corruption Bureau in accordance

with the needs, from time to time, from the Departments concerned after obtaining
orders of the Government [vide G.O. Ms. No. 1880, General Administration (SC.C)
Department, dated 16th December, 1960].

LEGAL SECTION
12. (a) There is Chief Legal Adviser. He will give his opinion in all important cases
(Registered Cases and Regular Enquiries) in which his advice is sought by the
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Director/Additional Director/Joint Directors. He will also conduct important cases

entrusted to him by the Director in the Courts of Special Judges, A.C.B. & S.P.E.

(b) A Director of Prosecutions and an Additional Director of Prosecutions (of the

rank of District Munisif/Police Prosecuting Officer) are available to lead evidence before
the Tribunal for Disciplinary Proceedings. There are also four Legal Advisers-cum-
Special Public Prosecutors in the Anti-Corruption Bureau to conduct prosecution in the
Courts of Special Judges for S.P.E. & A.C.B. Cases at Hyderabad and Visakhapatnam.
They will also give legal opinions in all Enquiries/Registered Cases conducted by the
Bureau and on all other matters referred to them by the Director and Additional Director.

(c) There is also a Standing Counsel who will be the retainer of the A.C.B. in the
High Court. He will keep liaison and co-ordinate the work between A.C.B. and the High
Court, Supreme Court and Andhra Pradesh Administrative Tribunals. He will personally
appear in the cases of A.C.B. in appeals filed before the High Court and Andhra
Pradesh Administrative Tribunals etc.
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TECHNICAL SECTION:

13. The Bureau acquired equipment to improve its technical capabilities. For the
proper maintenance of Cameras, Tape-recorders and plain paper copiers, technical
personnel are taken either on deputation from the other Departments or appointed
directly.

14. The Organisational structure of the Bureau is shown in the Chart at Annexure-I.
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CHAPTER II
POWERS, DUTIES AND RESPONSIBILITIES
15. (a) The Anti-Corruption Bureau has powers to investigate offences under
sections 161 to 165-A I.P.C. and the offence of Criminal misconduct under section 5 of
the Prevention of Corruption Act, 1947;

(b) The Anti-Corruption Bureau is competent to conduct investigations not only

against the Government Servants but also other public servants who are employees of
various State Public Undertakings, Statutory Corporations, Government Companies and
Local Authorities; i.e., all paid employees working in Municipalities, Zilla Parishads,
Panchayats and institutions managed by such local bodies.

(c) While investigating the offences mentioned above, the Anti-Corruption

Bureau may also investigate any other offences committed by the accused public
servant in the course of the same transaction. Further if in the course of investigation
into a case of corruption, any misappropriation of public funds on the part of A.O. comes
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to notice, the A.C.B. itself should take up further action for prosecuting the concerned
instead of entrusting the cases to the Crime Branch C.I.D.

(d) In cases where private persons are involved along with public servants in
criminal conspiracy or abetment or other offences, the investigation may be made
against those persons along with the public servants concerned.

(e) According to Government Memoranda No.163/SC.D/83-2&3, General

Administration (SC.D) Department, dated 30th March, 1983 and dated 10th June, 1983,
the Anti-Corruption Bureau is delegated with the following suo motu powers for effective
functioning.

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(i) Anti-Corruption Bureau will have full powers of collecting source

information against all officers;

(ii) Permission for preliminary or regular enquiries, registration of cases or

laying of traps etc., should be given personally by the Director, Anti-Corruption
Bureau and not by any other functionary;

(iii) In respect of the All-India Service Officers and Heads of Departments, the
Director, Anti-Corruption Bureau should obtain prior permission of the Chief Secretary
before initiating a discreet or regular enquiry or registering a case or laying a trap
etc,.

(f) In U.O Note No. 1150/SC.D/83-2, General Administration Department, dated 25th
July, 1983, the Government issued the following further instructions:-

(i)While forwarding the petitions/complaints to the Anti-Corruption Bureau, the referring

authority need not specify the type of action to be taken. The petition/complaints should
be forwarded for ‘ Discreet Enquiries’ only;

(ii)If a prima facie case is established during the discreet enquiry by the Anti-Corruption
Bureau either in whole or in respect of a few of the allegations, the Bureau will convert
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the discreet enquiry into ‘Regular Enquiry’ under intimation to the Department
concerned without waiting for the completion of the enquiry on all the allegations.

(iii)During the Discreet or Regular Enquiry, if a cognizable offence is found to have been
committed, the Anti-Corruption Bureau itself will register the case under the provision of
the Indian Penal Code and the Prevention of Corruption Act, as the case may be,
and proceed
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with further investigation under intimation to the Department concerned;

(iv)In respect of All-India Services Officers and Heads of Departments, the Director, Anti-
Corruption Bureau, would continue to obtain the prior permission of the Chief Secretary
to Government for initiating any enquiry viz., Discreet Enquiry/Regular
Enquiry/Registering a case/Laying a trap.

In view of the above instructions, the procedure of conducting preliminary enquiries

has been dispensed with.

16. The Anti-Corruption Bureau should not investigate into complaints against non-
official Chairmen of Municipalities and Zilla Parishads and Presidents of Panchayat
Samithis and Panchayats without special orders of Government.

Where the institution of the Lok Ayukta is already seized of the matter, the A.C.B.
will not investigate into cases of the above category.

17. The Offices of the Director, Additional Director, Joint Directors, Deputy
Superintendents of Police of the city and other Ranges and District and Range
Inspectors of Police of the Anti-Corruption Bureau have been declared as Police
Stations vide G.O. Ms. No. 341, Home (Pol.D) Department, dated 23 rd May, 1984
(Annexure-II).

8. Clause (D) of Section 5-A of the Prevention of Corruption Act, 1947 stipulates that not
withstanding anything contained in the Code of Criminal Procedure,1973,no Police Officer
bellow the rank of Deputy Superintendent of Police, shall investigate any offence punishable
under Section 161 section 165 or section 165-A of the Indian Penal Code or under Section
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5 of the Prevention of Corruption Act,1947 without the order of a Magistrate of the First Class or
make any arrest therefore without a warrant. However, in G.O.Ms.

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No. 170, General Administration (SC.D) Department, dated 20th March, 1968 as per Section 5-A
of the Prevention of Corruption Act, the State Government authorized the Inspectors, Anti-
Corruption Bureau to investigate into cases falling under Sections 161, 165, 165-A IPC and
provisions of the Prevention of Corruption Act, without orders of a Magistrate of the First
Class. An Officer incharge of an office of the Anti-Corruption Bureau which is declared
as a Police Station may register a case in respect of offences committed under Section
5 of the Prevention of Corruption Act, 1947 (Act II of 1947) within his jurisdiction and
investigate it.

19. The Director exercises all powers of investigation vested in the subordinate
officers of the Bureau. He can call for the record of an enquiry at any stage and
scrutinise them and if necessary, transfer the enquiry/Investigation from one officer to
another at any stage for the reasons to be recorded. The Additional Director may
exercise these powers in the absence of the Director, Anti-Corruption Bureau.

20. In all Discreet Enquiries/Regular Enquiries/Registered Cases/Trap Cases ordered by

Government, reports have to be sent to the concerned Secretaries to Government marking
copies to the Chief Secretary to Government.

21. The Director will take final decision in respect of the findings arrived at in all
enquiries/investigations of the Bureau and recommend to the Government on the further
action to be taken. The Director may examine witnesses and undertake tours to satisfy
himself on the findings arrived by his subordinates, in important cases.

22. Well placed, reliable independent sources are to be cultivated for facilitating
enquiries and investigations. Care has to betaken that the identity of such sources is
not compromised under any circumstance. The standard of integrity of officers has
always to remain unquestionable.

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Officers whose activities are questionable or about whose integrity, public are doubting
be repatriated without any delay.

23. All enquiries will be entrusted to the Deputy Superintendents of Police of the
City Range in respect of the City Zone and to the concerned Deputy Superintendent of
Police of Ranges by the Director, Anti-Corruption Bureau. In turn, these officers will
distribute the enquiries among the Inspectors (both District and Range) working under
them. After thorough enquiries/investigations, the Investigating Officers will submit their
reports along with Case Diaries and documents through the Range Deputy
Superintendents of Police who will scrutinise the reports minutely. If the Range Deputy
Superintendents of Police themselves are the Investigating Officers, they should
forward their reports along with the Case Diaries and documents.

24. All Inspectors including Range Inspectors are competent to investigate into
cases of traps.

25. The Range Deputy Superintendents of Police have offices of their own and
they are the Drawing and Disbursing Officers in respect of their Range Staff and self,
according to the instructions contained in G.O.Ms.No.1880, General Administration
(SC.C) Department, dated 16-12-1960.
DEPUTY DIRECTOR (ENGINEERING)
26.(a) The Deputy Director, Engineering, attached to the Anti-Corruption Bureau, is
an Officer of the rank of Executive Engineer of Roads and Buildings Department
[G.O.Ms.No.1880, General Administration (SC.C) Department, dated 16-12-1960]

(b) He assists the Anti-Corruption Bureau Officers with his technical knowledge in all
Engineering matters. As soon as an enquiry directly concerning the Engineering
Department regarding execution of works etc., is received, the file will be put up by the
Special Branch to the Deputy Director (Engg.). He will scrutinize the
petitions/complaints/
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papers connected with the enquiry and prepare a brief on the line of action to be
pursued by the Inspector who is entrusted with the enquiry/investigation. He will also
make a note of this enquiry in his diary for the follow up, if necessary.
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(c) During the course of an enquiry or investigation, the advice of the Dy. Director,
Engineering should, if necessary, be sought by Inspector or Deputy Superintendent of
Police of the Range, as the case may be, to clear any doubts and to make sure that the
enquiry/investigation is proceeding on correct lines. They may also send such records
as they might have seized to the Deputy Director (Engineering) for scrutiny and proper
advice. Wherever necessary, the Deputy Director, Engineering, will after spot inspection
and scrutiny of the documentary evidence, prepare a special report, which will form part
of the record of enquiry to facilitate processing and assessing of evidence at various
stages.

(d) The Deputy Director (Engineering) also furnishes valuation reports regarding
immovable properties acquired by the Accused/Suspect Officers. These valuations are done on
the basis of the P.W.D. Schedule of Rates relevant to the period of acquisition of materials or
the property.

(e) The final reports sent by the Deputy Superintendents of Police of the
Ranges, in all Engineering cases will be scrutinised by the Deputy Director
(Engineering) before they are seen by the Legal-Adviser/Director of Prosecutions and
Superior Officers.
DEPUTY DIRECTOR (FORESTS)

27.(a) The Deputy Director (Forests) is a Divisional Forest Officer, deputed to work
in the Anti-Corruption Bureau to assist the Investigating/Enquiry Officer in all the
cases/enquiries pertaining to Forest Department.
(b) In matters relating to the Forest Department, he discharges functions similar
to those of the Deputy Director (Engineering) in Engineering Cases.
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DEPUTY DIRECTOR (REVENUE) AND ASSISTANT DIRECTOR

(COMMERCIAL TAXES)

28. (a) The Deputy Director (Revenue) and the Assistant Director (Commercial
Taxes) who are of the rank of the Special Grade Revenue Divisional Officer and
Commercial Tax Officer respectively, assist the Anti-Corruption Bureau in all matters
concerning Revenue and Commercial Taxes Departments. In matters relating to the
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Revenue and Commercial Taxes, they perform functions similar to those of the Deputy
Director (Engineering) in Engineering Cases.

(b) The Deputy Director (Revenue) and the Assistant Director (Commercial
Taxes) should be specially trained in the investigation of cases of disproportionate
assets, at the Central Bureau of Investigation, New Delhi, to be of assistance in the
processing and investigation of such cases/enquiries. They will assist the Investigating
Officers with their expert knowledge and guidance not only from Headquarters but also
at field level, whenever necessary. They will also co-ordinate with Heads of
Departments and other officers in respect of work relating to cases of disproportionate
assets. Draft final reports relating to enquiries and investigation of cases
disproportionate assets will be scrutinised by the Deputy Director (Revenue) and
Assistant Director (Commercial Taxes) before being put up to the Director through the
Additional Director.

LIAISON WITH THE CENTRAL BUREAU OF INVESTIGATION.

29. The Central Bureau of Investigation as in the case of the Anti-Corruption Bureau
is a specialised agency to deal with corruption on the part of Central Government
servants.

30. According to the Department of Personnel and Administrative reforms O.M.No

371/5/73-AVD (III), dated 5th September, 1975, the Special Police Establishment enjoys
with the respective State Police Force concurrent powers of investigation and
prosecution under the

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Criminal Procedure Code. However, to avoid any duplication of effort, an administrative
arrangement has been arrived at with the State Government according to which-

(a) The cases which substantially and essentially concern the Central Government
employees or the affairs of the Central Government, even though involving certain State
Government employees, are to be investigated by the Special Police Establishment.
The State Police is, however, kept informed of such cases and it will render the
necessary assistance to the Special Police Establishment during investigation; and
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(b) The cases which substantially and essentially involve the State Government
employees or relating to the affairs of a State Government, even though involving
Central Government employees, are investigated by the State Police. The Special
Police Establishment is informed of such cases and it extends assistance to the State
Police during investigation, if necessary. When the investigation made by the State
Police authorities in such cases involves a Central Government employee, requests for
sanction of prosecution from the competent authority of the Central Government
authority will be routed by the State Police through the Special Police Establishment.

(c) Where a trap has to be laid against an employee of the Central Government and there
is no time to contact any representative of Special Police Establishment, the trap may be laid by
the State Police. The Special Police Establishment should, however, be informed immediately
and it should be decided in consultation with them whether further investigation should be
carried on and completed by the State Police or by the Special Police Establishment (D.O.No.
21/8/63-GD, dated 5th October, 1963 of Central Bureau of Investigation).

(d) Where there is likelihood of destruction or suppression of evidence

if immediate action is not taken, the State Police may take
necessary steps to secure the
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evidence. They may register a case, if necessary, for the purpose. Thereafter, the case
should be handed over to the Special Police Establishment for further investigation.
(D.O.No. 21/8/63-GD, dated 5th October, 1963 of Central Bureau of Investigation).
Similar action can be taken by the Special Police Establishment.

(e) Information about cases involving Public Servants of the Central

Government, which are being investigated by the State Police should be sent by them
to the Head of the Department and/or the office concerned as early as possible after the
case is started but before a charge-sheet or a final report is submitted. A copy thereof
should be sent to the Special Police Establishment also (D.O.No. 21/8/63-GD, dated 5th
October, 1963 of Central Bureau of Investigation).
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CHAPTER III
NATURE OF COMPLAINTS TO BE ENTRUSTED TO THE
ANTI-CORRUPTION BUREAU.

31. The following categories of complaints or information are considered suitable for
enquiry/investigation through Discreet Enquiries, Regular Enquiries or Registered
Cases, by the Anti-Corruption Bureau against Government/Public Servants:-

(a) Allegations of dishonest conduct, failure to maintain integrity or gross

dereliction of duty or other acts of corruption;

(b) Allegations involving offences under the Prevention of Corruption Act and
under sections 161 to 165 and 165-A I.P.C., together with any other offences alleged to
have been committed by the public servants;
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(c) Complaints/information in which the allegations are such that their truth
cannot be ascertained without making enquiries from non-official persons or those
involving examination of non-Government records, books of accounts etc., and

(d) Information or complaints relating to large undertakings and projects

sponsored by the State Government or in which the State Government has financial
interest provided the allegations fall under one of the following categories (a) to (c)
mentioned above.
32. Ordinarily, no enquiries should be made by the Ant-Corruption Bureau in the
following categories of information or complaints except for special reasons:-

(a) Information or complaints containing vague and general allegations;

(b) Allegations relating to minor service matters which can be dealt by the
Departmental Authorities;
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(c) Allegations of a trivial or insignificant nature that can be referred to

departmental authorities for disposal;

(d) Allegations of departmental irregularities or negligence that can be

verified/checked by the department concerned;
(e) False claims of T.A., L.T.C., Medical reimbursement etc.:

(f) Production of false education certificates, false Caste Certificates etc., for the
purpose of securing employment or some other favours;

(g) Misappropriation, fraud, embezzlement etc., by public servants, which should

normally be investigated by local Police or the Crime Branch C.I.D;

(h) Shortage in Stores, loss, pilferages etc., where the value of the property
found short, lost etc., is small and neither corruption nor malpractices are involved;
Misuse of staff, cars, Government vehicles, Peons, orderlies etc., unless they are
habitual and extensive;
(i) Acceptance of below specification work when the loss caused is small and no
malafides are involved;

Note: Where the allegations relate to both corruption and departmental

irregularities, the Anti-Corruption Bureau has to be consulted by the
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Department concerned as to which of the allegations should be

enquired/investigated into by the Anti-Corruption Bureau.
33. The Anti-Corruption Bureau conducts three types of enquiries/investigations.
They are:-
(a) Discreet enquiries;
(b) Regular enquiries;
(c) Registered cases including traps and cases of possession of
disproportionate assets.

34. The above types of enquiries/ investigations are discussed in detail in the
succeeding Chapters.
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CHAPTER IV
DICREET ENQUIRIES
35. Every complaint from whatever source received should be entered in a Petitions
Register wherein its disposal will be noted.

36. All source information’s received in the Anti-Corruption Bureau should be

recorded in the source information register without exception.

37. Every complaint or source information should be examined to determine

whether it requires action by way of verifying/checking the allegations or it has to be
referred to the departmental authorities concerned for disposal or should be filed. The
Joint Directors, Anti-Corruption Bureau should apply their mind to decide immediately
whether the complaints or source informations require quick verification through discreet
enquiries to find out the truth or otherwise of the allegations for taking further action in
the matter.

38. In cases where verification through discreet enquiries is required to be made,

the Investigating Officers should take precautions to maintain secrecy. They should not
record the statements of the persons whom they contact for the purpose of verification.
For examining the departmental records, it is advisable to consult the records informally
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by contacting the Head of the Department/Office concerned. Written requisitions for the
purpose should be avoided. The departmental authority should be cautioned that the
verification is strictly confidential and may not result in an open enquiry. As far as
possible, the name of the Officer against whom the enquiry is being made should not be
divulged even to the Departmental Head.

39. Discreet enquiries should be completed within two months of the receipt of
information/complaint.
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40. Where the allegations in the complaint or information is found to be true, clear
and specific, on verification, a regular enquiry can be taken up or a case registered and
investigated.

41. Generally no action is to be taken on anonymous and pseudonymous

complaints. If the allegations are specific and verifiable and are of the type which are fit
to be taken up for regular enquiry or investigation by the Anti-Corruption Bureau if found
true, a discreet enquiry may be made to the limited extent of finding out whether there is
some truth in the allegations.

42. The Range Deputy Superintendents of Police should forward promptly the
discreet enquiry reports submitted by the Inspectors after verification of complaints or
source informations. While forwarding such reports, the Range Deputy Superintendents
of Police should send their specific suggestions in the pro-formae at Annexure III about
the further action to be taken.
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CHAPTER V
REGULAR ENQUIRIES

43. Regular enquiries will be taken up on the orders of the Director, Government, on
the petitions or information received which require detailed and open enquiries. The
Director orders a regular enquiry on the basis of a discreet enquiry report.

44. In case in which it is not possible to decide initially whether the case would
culminate in prosecution in a court of law or enquiry by the Tribunal for Disciplinary
Proceedings, regular enquiries may be ordered first.

45. As soon as the orders for conducting the regular enquiries are received, the
Inspector concerned will draw up a list of allegations to be enquired into, the names of
witnesses to be contacted and the documents required to be perused or to be taken
possession of. In a case of possession of disproportionate assets, six proformae
statements (in the form indicated at Annexure-IV), service particulars, pay and
allowances drawn by the Public servant and Annual immovable property statements
should be called for form the concerned Head of office or Head of
Department/Government depending on the status of the public servant.

46. The Head of the Department/Government have powers under Rule 9 (8) of
Andhra Pradesh Civil Services (Conduct) Rules, 1964 to require a Government
servant to submit within a specified period all the information in the prescribed six
proformae. Simultaneously all the annual property statements submitted by the
Public Servants till the day of the enquiry should be obtained from the
Head of Office / Department or Government, as the case may be
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47. During the regular enquiry, statements of witnesses concerned should be

recorded. Preferably in their own hand-writing, and language and got signed by them. If
a witness is illiterate, the statement should be got recorded by another person, after
asserting his reliability and non-involvement in the enquiry. Complete permanent
address of the witness should be mentioned.

48. Documents concerning the case should be requisitioned under the signature of
the Range Deputy Superintendent of Police and taken procession of under
acknowledgement. Where records are required to be obtained from Government, the
Range Deputy Superintendent of Police should submit a report to the Director, Anti-
Corruption Bureau who would address the Government in the matter.

49. The regular enquiry should normally be completed within 4 months. If a regular
enquiry is pending for more than 4 months, the reasons for delay should be looked into
by the reviewing officers so that the causes for the delay are eliminated and enquiry
completed expeditiously.

50. If during the course of regular enquiry, it is found that there is a prima facie
material for registration of a case, the Anti-Corruption Bureau will take action
accordingly, and submit a brief report on that effect. If the regular enquiry contains a
material not only pertaining to criminal offence but also other allegations, these other
allegations should be dealt with as in other Regular enquiries and a report of the
Regular enquiry submitted to the Government, while the criminal case should be dealt
with on merits.

51. During the course of a regular enquiry, if the evidence collected till then
indicates, prima facie, that a case could be made out under sections 161 to 165 and
165-A of the Indian Penal Code or Section 5 of the Prevention of Corruption Act, the
investigating officer should at once

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report the matter to the Director, who will examine the material in consultation with the
Legal Adviser and order registration of a case under the appropriate sections of Law. In
such a case, the regular enquiry, as such, will be closed and converted into a criminal
case. Normally, a report for converting a R.E. into a R.C. should be submitted within a
month of taking up a Regular enquiry after making quick preliminary verification.

52. During the regular enquiry of a corruption case, the accused officer should be
given an opportunity to explain the circumstances of the case against him before the
responsible officer of the Anti-Corruption Bureau so that the truth could be elicited and
further investigation into the allegations which are satisfactorily explained, not pursued.
To enable the accused officer to give his version regarding the allegation or allegations,
such records as may be required by him should be allowed to be perused by him in the
presence of the Investigating Officer. Such secret or confidential reports which have no
direct bearing on the enquiry need not be shown to him. Whatever the accused officer
says either orally or through a written statement should be taken note of and gone into,
allegation-wise. If necessary, further enquiries may be made regarding his version,
before the report is finalized. This fact should clearly be mentioned in the final report.

53. The accused officer should be contacted personally at home or in the office and should
not be summoned for the purpose unless he agrees to meet to meet an officer of the Bureau of
the Bureau anywhere in the State or at his office. In the case of Gazetted Officer, the contact
should be by a Gazetted Officer of equivalent or preferably higher rank.

54. Every regular enquiry report should be drafted by the officer conducting the enquiry and
attested by him. All enquiry reports, in a Range, should be scrutinised and finalized by the
Range Deputy Superintendent of Police who

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will submit those reports under his signature, together with the signatures of the
Inspectors associated with the enquiries.
 22

55. In the case of regular enquiries taken up on the basis of petitions, the original
petitions should be enclosed to the enquiry reports submitted by the Range Deputy
Superintendents of Police to the Director, Anti-Corruption Bureau.

56. Though the Anti-Corruption Bureau has concurrent powers with the local Police
in the matter of investigation of offences under section 161 to 165 and 165-A IPC., and
Section 5 of Prevention of Corruption Act, the Anti-Corruption Bureau takes precedence
in the matter of investigation of these cases as it is the agency specially created for the
purpose.

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CHAPTER VI
REGISTERED CASES
 23

57. Where it is decided to register a case and conduct investigation either on

complaint or verification of a source report, or on a Discreet/Regular enquiry report and
orders are issued by the Director, an F.I.R should be issued by the concerned Inspector
of Police/Deputy Superintendents of Police giving annual serial number of the
District/Range which should be quoted in all future references.

58. The F.I.R should contain the exact copy of the complaint and it shall be signed
by the person giving it. If however, it is not intended to divulge the name of the
informant, only a statement of the information received shall be recorded. If a Discreet
enquiry or a Regular enquiry is converted into Registered case, the information
originally received, as far as possible, be reproduced in the F.I.R and an indication
should also be given therein that the authenticity and correctness of the information was
prima facie checked and verified by a Discreet or Regular Enquiry.

59. The F.I.R. should contain as far as possible full name along with father’s name
and other particulars of the accused such as age, place or residence and occupation,
the time and date of commission of the offence, the manner in which the offence was
committed, full names and particulars of the witnesses, the motive alleged by the
complainant for the commission of the offence and in cases involving the
property, the details of the property etc. In case the name of the accused is not
known, the description of the accused should be recorded.

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60. A copy of F.I.R. should be sent to the jurisdictional Special Judge for S.P.E. &
A.C.B., Cases immediately after registration, marking copies to the concerned Deputy
Superintendents of Police and Director, Anti-Corruption Bureau in confidential covers.
 24

61. If accused person is a Central Government employee, an extra copy of F.I.R.

should be sent to the Head Office for onward transmission to the Central Bureau of
Investigation for information.

62. Every officer making an investigation shall maintain a record of the investigation
done on each day in a case diary form. The record of investigation shall contain details
of the time at which the information reached the Investigating Officer, the time at which
he began and closed his investigation, the place or places visited by him and a
statement of the circumstances ascertained through his investigation. Case Diaries shall
be as brief as possible and only such incidents of the investigation shall be included
which have a bearing on the case. They should be dated. The Investigating Officers
should send their case dairies on every day to the Joint Directors through their Deputy
Superintendents of Police. Opinions of Legal Advisers or other officers should not be
reproduced in the case dairies. The final decision taken in the case after investigation
should of course be recorded.

63. Under Section 156 of the Criminal Procedure Code 1973, all officers of and
above the rank of an officer in-charge of a Police Station (Inspector of Police) have
statutory authority to investigate cognizable offences. Under Section 157 (1) Cr.P.C.
such officers are empowered to depute a subordinate to proceed to the spot to
investigate the facts and circumstances of the case and if necessary take all steps for
locating and arresting the offender. The powers and duties of a Police Officer making an
investigation are laid down in sections 157 to 175 of the Criminal Procedure Code.
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64. When it is necessary to summon any person to attend an investigation, the

investigating officer conducting the investigation may issue an order in writing to any
person concerned to attend before him as empowered under section 160 (1) Cr.P.C.

65. No inducement, threat or promise should be administered to any person from

whom enquiries are to be made and no person shall be unnecessarily detained. The
duty of the Investigating Officer shall be to find out the truth of the matter during the
investigation. He shall not commit himself prematurely to any view of the facts for or
against any person and shall not start the investigation with any pre-conceived notion.
 25

No harassment should be caused to innocent persons. He should not also be misled by

an unscrupulous informer.

66. Precipitate action on reports emanating from interested parties or which may
otherwise seem palpably false or malicious, should be avoided.

67. The Investigating Officer must first acquaint himself as fully as possible with the
rules and regulations and the methods of working of the Organisation with which his
enquiries are connected. He should ascertain all possible explanations likely to be
offered in defence as well as any defects or irregularities in procedures, departmental
rules and regulations. All clues should be carefully followed up.

68. The Investigating Officers should invariably consult during the course of
investigation, the technical officers concerned and also legal officers whenever required
in the interest of investigation of the case. There should be no delay in sending papers
or exhibits for examination and opinion of Experts.

69. There should be no delay in requisitioning records and documents,

which are required for investigation, and they should be taken into custody
immediately. Care must ,however, be taken to ensure that there
is no indiscriminate
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seizure of documents. The seized/requisitioned documents and records should be

reviewed promptly and scrutinised. Whenever necessary, the orders of the court
concerned should be obtained in accordance with the provisions of sections 451, 452
and 457 Cr.P.C. All the records and documents seized during the course of
investigation may remain in the safe custody of the respective Investigating Officers,
after production and obtaining permission from the Court.

70. The Joint Directors should be in close touch with the investigation cases,
supervise the investigation, guide the Investigating Officer and ensure that the
investigation proceeds methodically and is completed expeditiously and is not sporadic.
Statements of important witnesses should be got recorded under section 164 Cr.P.C.
 26

71. Confessional statements by the accused officers, if they voluntarily come

forward, should be got recorded by competent Magistrates as quickly as possible under
section 164 Cr.P.C. All necessary precautions laid down under section 281 Cr.P.C.
should be observed.
72. The accused officer should be examined thoroughly on all points and his statements
should be carefully recorded by informing him of the charges against him. All the points or
arguments advanced by the accused should be looked into and thoroughly checked up by the
Investigating Officer.

73. Investigations in registered cases should be completed within 6 months.

74. In a registered case, if departmental enquiry or enquiry by the Tribunal for Disciplinary
Proceedings is suggested and the Government accept the same, the concerned Investigating
Officer should send a final report under section 173 Cr.P.C to the Special Judge concerned
having jurisdiction, for orders to close the case.

75. In Registered Cases received from other Investiga- ting Officers or

Range Officers for part investigation, a sepa- rate Crime Register should
be maintained by the concerned
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Investigating Officer and regular case diaries should be prepared showing the result of
enquiries in such cases. The original copy of the case diary should be sent to the main
Investigating Officer and a copy marked to the Head Office.

76. The final Report should be sent by the Investigating Officer to the Deputy
Superintendent of Police concerned who will go through the report with reference to the
records and submit to the Head Office, the final report duly signed by him with Case
Diary file and Specimen Sanction Order, if prosecution is recommended against the
Accused Officer.

77. The following points should be kept in mind while drafting final report both
in regular enquiry as well as in a Registered case:-
(i) The information discussed in the final report should be adequate on all points so
that there may not be any occasion for the Head Office to raise any queries;
 27

(ii) Allegations, facts of the case, evidence available, analysis of the evidence
and opinions and comments should not be mixed up in the final reports. They should be
discussed separately, chronologically and succinctly;
(iii) Repetition should be avoided. Allegations should be listed out in brief and
properly without omission of the main points;
(iv) The presentation of the facts of the case and material should be so
conclusive and clinching that it cannot lead to any other opinion or conclusion.
(v) In any witness could not be examined and any record was not available, it
should be mentioned clearly in the final report giving reasons.
(vi) The Investigating Officer should not take more than a week in preparing
final reports.
(vii) Conduct Rules or Rules violated by the accused officer working in a
Government Department or Undertaking should be quoted and reproduced in the final
report.
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(viii) In respect of cases of disproportionate assets, the income, expenditure
and assets should be discussed in the proper and prescribed manner. Reasons for
accepting or rejecting various items under each head should be discussed giving
reasons.

(ix) Opinion received from the Expert or relevant portion thereof should be
incorporated in the final report.

(x) The final report should be accompanied by the Legal Officer’s opinion
(Part-II Report).
 28

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CHAPTER VII
TRAPS
78. On receipt of a complaint of demand of illegal gratification on the part of a public
servant, discreet enquiries should be made regarding the genuineness of the complaint,
antecedents of the complainant and whether he has any motive or ill-will to wreak
vengeance against the public servant complained against. Where complaints relating to
service matters like promotion, transfer, punishment etc., are received from subordinate
officers against their superiors, the scope of any malafide motivation should be ruled out
and the reliability of the complaint should be ensured beyond reasonable doubt. Details
like date, time, place and motive for demand and for part payment made if any and date
and time and place and mode of payment indicated by the public servant for acceptance
of the demanded illegal gratification should necessarily be incorporated in the
complaint. The complaint should be in the handwriting of the complainant unless he is
an illiterate, in which case, it should be recorded by a scribe in a plain and simple
language known to him. The name and address of the scribe should be noted with an
endorsement by him that the contents thereof were read over to the complainant and
admitted by him to be true. The Officer who receives the complaint should make an
endorsement on it, with his signature mentioning the date and time of its receipt.
 29

79. Immediately after verification without delay, a report shall be made to the
Director, Anti-Corruption Bureau by the Investigating Officer enclosing a copy of the
complaint with a request for permission to lay a trap.

80. After receiving permission for laying a trap, the complaint should be registered
under section 161 I.P.C. and section 5 (2) read with section 5 (1) (d) of Prevention of
Corruption Act,1947 if necessary. he First Infor-

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mation Report along with the original complaint should be sent to the Court of the
Special Judge for S.P.E. and A.C.B., cases in a sealed envelope with a covering letter,
through a special messenger without any delay making a request to the Special Judge
that the sealed envelope should not be opened till the further communication regarding
the trap is received.

81. The State Government have authorised all the Inspectors working in the Anti-
Corruption Bureau to investigate into all offences punishable under the provisions of law
mentioned above vide G.O. Ms. No. 170, General Administration (SC.D) Department,
dated 20th March, 1968. But every case of trap is to be initiated, registered and
investigated into by a Deputy Superintendent of Police and not by an Inspector. After
the trap, the subsequent investigation can be made by an Inspector when called upon to
do so by the concerned Deputy Superintendent of Police or higher authority. An
Inspector, may however, exercise these powers independently in the absence of the
Deputy Superintendent of Police on leave and when the nature and circumstances of
the case call for urgent action.
82. There are various methods of laying a trap, common among them being (i) marking
the currency notes intended to be paid as bribe with initials of the panchayatdars (ii) smearing
them with phenolphthalein power which is a coal tar product available in the form of light powder
and which remains colourless in acid and neutral media but turns pink in alkali media like
sodium carbonate solution and (iii) smearing them with antharacene powder, which is very
light powder and is invisible to the naked eye except when viewed under ultra violate rays.
 30

83. Whenever possible tape-recorders may be used for recording the conversation
between the complainant and the public servant at various stages. Tape recorded
conversations are admissible in evidence under section 7 of the Indian Evidence Act.

84. The denominations and serial numbers of the currency notes

comprising the bribe money produced by
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the complainant should be recorded. To demonstrate the phenolphthalein test
to the panchayatdars, sodium carbonate solution should be prepared in a glass
tumbler. One of the Anti-Corruption Bureau Officers will smear phenolphthalein
powder on the currency notes, handle them and then rinse his fingers in
sodium carbonate solution. The solution contained in the glass tumbler which is
colourless will react since the fingers contain the particles of phenolphthalein powder
and turns pink in colour. The significance of this test should be explained to the
complainant and the panchayatdars. The Anti-Corruption Bureau Officer who has
handled the amount shall hand over the treated notes to the complainant. The
complainant should be instructed to pay the amount to the alleged public servant
only on his demand and not otherwise. He should be given strict instructions to pay
the bribe money as it is without putting it in an envelope or container, directly to the
public servant demanding the bribe as the placing of such amount at some other like a
drawer of a table etc., will help the usual defence plea that the complainant tried to foist
a case against the public servant. He should also be instructed not to shake hands with
the public servant and not to touch any part of his body or any objects lying in the room
or place where the bribe money is paid to the public servant. The complainant should
not carry any additional amount as it is likely that the tainted currency notes may get
mixed up. The complainant should be asked to relay a mutually agreed signal after
payment of bribe amount. This signal should be specified and there should not be any
confusion about it, so that no time is lost the moment it is relayed, in recovering the
tainted amount from the public servant and in seizing other incriminating evidence. The
sample of sodium carbonate powder and phenolphthalein powder used in the
demonstration should be taken and preserved in separate envelopes duly
sealed and attested by the panchayatdars and the Investigating Officer. It should
be ensured that none of

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 31

the members of the Anti-Corruption Bureau party has any traces of phenolphthalein
powder, particularly on their hands by testing their fingers in a fresh solution of sodium
carbonate prepared separately. The persons who handled the powder should wash their
hands before they leave the place. The glass tumbler and spoon used in the
demonstration should be left behind in the office and should not be taken with the trap
party. A preliminary panchanama incorporating the details of the demonstration, serial
numbers of the currency notes i.e., bribe money or tainted money, method of
demonstration, precautions taken and the procedures followed, should be prepared by
one of the panchayatdars. If any independent witness accompanies the complainant,
this fact should also be incorporated in the preliminary panchanama as also
arrangements if any, made for tape recording the conversation. This panchanama as
well as the samples of the powder should be immediately dispatched to the Court in a
sealed envelope. A model preliminary panchanama is at Annexure-V.

85. The complainant should go independently, along with the accompanying

witness, if any, to the place where the trap is to be laid. But, the timing of his actual
entry into the premises should be so arranged that he enters the place only after
visually ensuring that the members of the trap party to whom he has to relay
the signal have taken their positions in the vicinity of the place. The members of the trap
party and panchayatdars should not stay together in groups, but, get merged in
the local background, so that no suspicion is aroused in the neighborhood.
Vehicles used to transport the trap party should never be taken to the
place of trap but should be left far behind. When possible, in places like hotels,
residence of the complainant etc., the panchayatdars and independent
witnesses,

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 32

if any, should be so positioned as to be able either to overhear the conversation

between the complainant and the public or see the transaction of paying the bribe. This
should, however, be done only after fully ensuring that no suspicion would arise in the
mind of the public servant.

86. When the complainant gives the pre-arranged signal indicating the demand and
acceptance of bribe, the Anti-Corruption Bureau Officers accompanied by the
panchayatdars should proceed to the place of trap without loss of time. The Anti-
Corruption Bureau Officer incharge of the trap party should introduce himself and the
panchayatdars to the public servant. Care should be taken to see that the public servant
does not wash or clean his hands on seeing the trap party. None of the members of the
trap party should touch the hands of the public servant. Thereafter, sodium carbonate
solution should be prepared in a glass tumbler obtained from the premises. The public
servant should be asked to dip his fingers in the colourless sodium carbonate solution
and if there is a change in the colour of the solution, it should be pointed out to the
panchayatdars and particular note should be made of the change of colour to light pink.,
pink or deep pink. After taking the phenolphthalein-sodium carbonate solution test, the
public servant should be questioned regarding the bribe money obtained by him from
the complainant and what he has done with the tainted money. The conduct of the
accused when he is questioned by the Investigating Officer, i.e., his reaction like
trembling, locating, getting confused, keeping mum for some time etc., is admissible
under section 8 of the Indian Evidence Act. Further the statement of the accused
leading to the discovery of the tainted money is admissible not only as conduct under
section 8 but also under section 27 of Indian Evidence Act. Hence, these facts should
be recorded in the panchanama. In the event of non-production of the amount
voluntarily by the public servant, a search of his person and premises should
be conducted with the aid of such information as may be furnished by the

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complainant or accompanying witness, if any. The amount recovered should be

counted and the serial numbers of the currency notes should be compared by the
 33

panchayatdars with the serial numbers of the currency note recorded in the preliminary
panchanama. If the public servant has kept the amount in his shirt or pant pocket as the
case may be, this item of the apparel should be subjected to the test in sodium
carbonate solution, prepared in a separate glass tumbler obtained from the premises
and the change in colour, if any, should be noted. If the accused officer had not kept the
tainted money on his person but had secreted it in either a money purse or diary or
envelope, such container should also be subjected to the test in sodium carbonate
solution, prepared in a separate glass tumbler obtained from the premises. The tainted
money, shirt/pant or container should be seized.

87. The public servant should necessarily be given an opportunity to give his
version, which should be recorded in the panchanama. It should be got attested by the
panchayatdars. Facts indicated in the statement of the public servant should
immediately be verified. Failure to question the public servant and give him an
opportunity to present his version, immediately after recovery of the tainted money, will
enable the defence to fabricate theory of a righteous act, which if it were to have been
ascertained by the investigating officer at the earliest opportunity could have been
subjected to proof of its veracity.

88. All incriminating documentary evidence, including the diary, if any, of

the public servant, having a bearing on the case in question or revealing
reasonable suspicion on the conduct and integrity of the public servant should be
seized after conducting a careful search of his person, of the table and
almirah in his use and custody, and also his office. All other relevant papers
and files connected with the case in question which are being dealt with by
others in the office should also be requisitioned and taken over immediately.
In cases relating to Commercial Tax Department, the original registers etc.,
should not be seized as far

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as possible, except in instances where they have a direct bearing on the trap incident,
like cash receipt book etc., where it is proposed not to seize the original registers so as
not to hamper work relating to other assessees, the relevant entries should be copied
and got attested by the panchayatdars and attested copies of the same should be
 34

obtained from the superior officer of the public servant who should also be requested to
keep such registers in safe custody, for production in court, when necessary. All the
documents seized should be got initialled by the panchayatdars and the Investigating
Officer. A sample of sodium carbonate powder used for the test should be taken and
preserved in an envelope duly sealed and attested by the panchayatdars, and the
Investigating Officer.

89. A detailed panchanama should be prepared by one of the panchayatdars

incorporating al the information enumerated above and all the seizures made. The
colour of the tables or walls and curtains etc., at the place of trap may be recorded in
the panchanama to rule out the probable plea of the public servant that the colour of
such objects, approximating to pink colour, made the colour of the test solution look
pink. If necessary, the panchayatdars can check up the colour of the test solution
against clear natural background by taking the glass tumbler into an open area along
with the public servant and incorporate the same in the panchanama. The panchanama
together with the tainted money, items of apparel (fully described with dhobi marks, if
any) documents and articles seized and sample of sodium carbonate powder should be
sent to the court promptly (A model of the detailed panchanama is at Annexure VI.)

90. Immediately after the trap, the house of the public servant should invariably
be searched. The same panchayatdars that took part in the trap can be taken as
witnesses for the search. In addition, one or two persons of the locality can
also be taken as witnesses to the search. Documents relating to the
acquisition of assets by the public servant,
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unaccounted money, currency notes paid towards part-payment by the complainant,

jewellery and other valuables, the statements of the accounts including house-hold
expenditure, letters of correspondence relating to investments or official matters should
be seized. Any official files or documents which reveal the corrupt activities of the public
servant and found in the house should also be seized. An inventory of the articles of the
house, such as costly furniture, electrical fittings, costly items of house-hold use, like
refrigerators, Televisions, Tape-recorders etc., should be drawn up room-wise.
 35

91. The search should be thorough and exhaustive and it should be done
continuously without a break, Keys of bank lockers, if found during the search should be
taken possession of and after the house search, the public servant should be taken to
the bank and the lockers also subjected to a thorough search. Any incriminating
documents or valuable articles found in the locker should also be seized. A list should
be prepared of the articles seized and of articles for which a mere inventory is taken and
both should be attested by the Investigating Officer and panchayatdars. Seized
documents should all be initialled by the panchayatdars and the Investigating Officer.
Valuable articles of gold and silver should be got weighed with the assistance of a
goldsmith and particulars recorded in detail in the search list. A copy of the search list
should be given to the public servant or any one of the adult members of the house
under acknowledgment. Documents and valuable seized together with the search list
should be sent to the Court immediately.

92. A sketch showing the position of the public servant trapped, complainant, and
members of the trap party at the time of the trap and distances at which the various
persons concerned were standing should be drawn up, with the assistance of a
Draughtsman, if necessary, after the trap and a copy of the same sent to the
Anti-Corruption Bureau Head Office along with the final report. The
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original sketch will accompany the trap records to the Special Court. Among the
documents seized, such of those which are required for the purpose of investigation can
be retained by the Investigating Officer with the permission of the Court.

93. Immediately after the trap, a Radio message should be sent to the Director,
Anti-Corruption Bureau and the immediate superior officer of the trapped
officer/Collector marking copies to the Head of the Department, indicating the events of
the trap in brief.

94. All concerned witnesses, particularly those found at the time of trap and those
who work in the place of trap should be examined, whether they support the trap or not.
Statements of the complainant, accompanying witnesses and any other persons
present, who are deemed to be important witnesses in the trap case, should be got
recorded under Section 164 Cr.P.C. promptly.
 36

95. Traps against the Doctors must be laid only in the Government hospitals as far
as possible and not at their residences.

96. Investigation of trap case must be completed within a month and report sent
enclosing Case Dairy File, Specimen Sanction Order etc.,

97. During the investigation of a trap case, evidence of similar demand and
acceptance of bribes by the public servant in earlier instances may also come to light.
These items should be investigated supplementarily, though on the same F.I.R. The
charge-sheet in those supplementary instances need not be combined with the trap
case since punishment in respect of the offence in the trap case is likely to be migrated
on account of alleged other instances of bribe giving and taking. Moreover, the other
instances are likely to take a long time for investigation and investigation in the trap
case should not be delayed on that account.
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98. During the course of investigation, if any information regarding acquisition of

disproportionate assets by the public servant comes to light, a separate case under
section 5 (1) (e) of the Prevention of Corruption Act, 1947 should be registered and
investigated.

99. Copies of documents on which prosecution is based should be kept ready

immediately after the final report is submitted. On receipt of sanction for prosecution,
the charge-sheet should be prepared in consultation with the Legal Adviser and filed
together with copies of all the documents within a fortnight in the court of Special Judge
for S.P.E. & A.C.B. Cases.

100. On receipt of summons from the court of the Special Judge for S.P.E. & A.C.B.
Cases, the Inspectors incharge of the cases should ensure that the summons are
served promptly and the served summons are returned to the Special Court sufficiently
early, so that the court could know which witness would be attending and which of them
would not, to enable the court to arrange the trial and complete it expeditiously.
 37

101. In all cases in which specific orders have been passed by the court ordering
refund of trap money to the complainants after the appeal time is over, the I.Os. will take
steps for refund of the trap amounts to the complainants from the Court.

102.In the event of failure of the trap, it is open to the Investi-gating Officer to proceed
against the public servant on the basis of the FI.R. already issued, if there is reason to
believe that there is a demand of bribe which itself is an offence punishable under
Section 161 IPC. On completion of investigation on the basis of evidence available, he
should submit the final report of enquiry proposing either prosecution or enquiry by the
Tribunal for Disciplinary Proceedings/Departmental Action as may be warranted by the
facts and circumstances of the case.

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103. Under Section 165-A of the Indian Penal Code, Criminal action may be taken
against persons who tempt honest public servants with offers of illegal gratification. An
abetment of an offence punishable by the specific provisions under that section is
cognizable and bailable vide section 3 of the Prevention of Corruption Act 1947.

104. No distinction can be made between a public servant and an ordinary citizen.
The provisions of section 165-A IPC are made applicable to whoever abets an offence
punishable under section 161 or Section 165 IPC, whether or not that offence is
committed in consequence of the abetment. The misuse of provisions of section 161
and 165 at the instance of disgruntled elements to foist or concoct false or vexatious
cases of corruption against innocent public servant, should be carefully watched. In
such cases, the public servant who is sought to be falsely involved in a case of
corruption and for that purpose, he is either tempted with an offer of illegal gratification
or is actually offered bribe may prefer a complaint to an officer of the Anti-Corruption
Bureau. On receipt of the complaint, a case should be registered by issuing F.I.R. under
section 165-A IPC. In instances of this type, there is no need to obtain prior permission
for registration of a case. In instances where information is given sufficiently in advance
and the accused has to be trapped when in the act of offering illegal gratification, the
presence of two panchayatdars, as in the case of other traps, should be secured and a
preliminary panchanama should be written, clearly brining out the arrangement
made to trap the person offering the bribe. Wherever possible, arrangements should
 38

also be made to tape-record the conversation immediately preceding the trap. In

instances where it is not possible to lay a trap, ether because the illegal gratification
has already been forced on the complainant or because the complainant
has forewarned the bribe-giver, investigation should proceed with,

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after registration of the case, on the basis of the available evidence. Investigation of all
the cases of this type should be completed within a fortnight.

105. In cases where a person other than a public servant figures as an accused for
an offence under section 165-A IPC there is no need to obtain sanction from the
Government for prosecuting him as no such legal requirement is contemplated. But, in
cases where a public servant figures as an accused, who is not removable from his
office save by or with the sanction of the State Government, the sanction of the State
Government has to be obtained before filing of a charge-sheet.

106. A charge-sheet under section 165-A IPC should be filed in the court of the
Special Judge for SPE and ACB cases after receipt of orders from the Government in
respect of public servants and from the Director in respect of others.

107. The Prevention of Corruption Act, 1947 provides for certain immunity to the
bribe-giver under certain circumstances. Under section 8 of the said Act, the bribe-giver
who makes a statement in any proceedings against a public servant for an offence
under section 161 or section 165 IPC or under sections 5 (2) or (3-A) of the Prevention
of Corruption Act, 1947 is protected from being subjected to prosecution under section
165-A of the IPC.

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CHAPTER VIII
DISPROPORTAIONATE ASSETS
108. The Santhanam Committee on ‘Prevention of Corruption’ recommended that
possession of disproportionate assets by a public servant should be made a substantive
offence, and suggested an amendment. On this, the Anti-Corruption Laws (Amendment)
Act 1964 was passed which deleted section 5 (3) of the Prevention of Corruption Act
1947 and instead, added a new sub-section (e) to section 5 (1) of the Act. This came
into force from 18th December, 1964.

109. It has generally been found that dishonest public servants acquire and hold
assets either in their names or in the names of their dependents or friends by utilizing
their ill-gotten earnings through corrupt practices.

110. Section 5 (1) (e) of the Prevention of Corruption Act reads as follows:-
“A public servant is said to commit the offence of criminal
misconduct”

“if he or any person on his behalf is in possession or

at any time during the period of his office, been in
possession, for which the public servant cannot
satisfactorily account, of pecuniary resources or
property disproportionate to his known sources of
income.”

111. It is thus seen from this penal provision that the object of insertion
of this section making the possession of assets by a public servant, itself a
substantive offence is to punish those public servants, who habitually resort to
acquisition of assets by commission of offences of Criminal misconduct by virtue of
their official position and by misuse or abuse of their powers but still manage

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to escape. It is common knowledge that as a result of the cumulative effect of the bribes
taken over a period of time, the evidence of such illicit earnings will be discernible only
through the assets in the possession of a public servant or reflected in the ostentatious
and lavish style of his living. To establish an offence under this section, all that is
necessary is to prove that a public servant or any person on his behalf is in possession
of assets which he is not able to reasonably account for.

112. Clause (d) of Sub-Section (1) of Section 5-A of the Prevention of Corruption
Act, 1947 empowers a Dy.Supdt. of Police to investigate into any offence punishable
under section 5 of the said Act. Similarly, by virtue of the authorisation issued by the
Government in G.O.Ms.No.170, Genl.Admn.(SC.D) Dept., dated 20-3-1968, under the
first proviso to sub-section (1) of section 5-A of the said Act, the Inspectors of Police of
the Anti-Corruption Bureau are competent to investigate offences under Section 5 of the
Act. However, according to the second proviso to Sub-section 1 of Section 5-A of the
Act, a case of disproportionate assets, being an offence under Clause (e) of sub-section
(1) of Section 5 of the said Act, can be investigated only on a special authorisation
either by the Director or Additional Director or the Joint Director of Anti-Corruption
Bureau i.e., an Officer not below the rank of a Superintendent of Police.

113. It has been prescribed as a general rule in the Andhra Pradesh Civil Services
(Conduct) Rules governing the conduct activities of public servants that they should
maintain absolute integrity. The possession of disproportionate assets or lavish style of
living beyond his means by a public servant, will, therefore, lead to the irresistable
conclusion that he has not been maintaining absolute integrity and has been lining his
pockets by corrupt practices. Cognizance can also be taken of this matter under the
said rules.

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114. The enquiry | Investigation of a case of disproportionate assets aims at

ascertaining the total income from all known sources, total expenditure, all assets
(movable and immovable) acquired by the public servant, and either in his possession
or in that of his dependants, relatives and friends through benami transactions during a
specific period of time. If the assets are found to be clearly disproportionate to the likely
 41

savings arrived at by deducting the total expenditure from the total income during the
specific period (called check period), the public servant can be said to be in possession
of disproportionate assets, and is punishable under section 5 (2) of the Prevention of
Corruption Act, 1947.

115. Disproportionate assets have to be computed by specific evidence to the

extent possible and by analysis, deductions and assessments where specific evidence
is not available and as such, should be more than reasonably disproportionate before a
case can be taken to court. The question whether the assets are so disproportionate as
to attract the provisions of the Prevention of Corruption Act, 1947 or warrant disciplinary
action under Conduct Rules, has to be examined in each case, by reference to the
duration of the check period, the extent of disproportionate assets and its relation to the
total income during the check period. This is so because, whereas the degree of
disproportion of say Rs.25,000/- against a total income of Rs.1,00,000/- during a check
period of 6 to 7 years will be strikingly actionable, the same degree of disproportion if related to
a longer check period of 20 to 25 years against a total income of Rs.2,00,000/- may not readily
lead to a conclusion, warranting any action. Each case has therefore to be considered on its
own merits and the circumstances governing the case.

116. A case of disproportionate assets may come up for investigation/enquiry by the Anti-
Corruption Bureau in one of the following ways:----

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(a) Specific information available to the Anti-Corruption Bureau about possession

of assets by an accused officer who may not be subject matter of an enquiry being
conducted by the Anti-Corruption Bureau.

(b) Pursuant to a regular enquiry, either specifically for possession of

disproportionate assets or into allegations of misconduct, it is reasonably established
that the Accused Officer is in possession of disproportionate assets, the proper thing to
do is to register a case and follow it up to its logical conclusion.
 42

( c ) Trap cases followed by investigation into the assets of the Accused Officer:--
-

Normally, an officer caught red-handed while demanding and accepting a bribe, may be
deemed to be a habitual bribe taker and possibly in possession of assets
disproportionate to his known sources of income which should be looked for.

117. Immediately after registration of a case under section 5 (I) (e) read with
Section 5 (2) of Prevention of Corruption Act, the Investigating Officer should, without
loss of time, search the house of the accused officer as well as those of his relatives
and friends simultaneously if he is suspected to have secreted incriminating records,
movable assets like jewellery, cash etc., in the latter place, after duly observing house
search formalities. Searches should be commenced in the early hours of the day and
completed without any break.

118. All Annual Immovable Property Statements submitted by the

Accused Officer till the date of the enquiry| registration of case, should be
obtained by the Investigating Officer from the concerned Head of
Office/Dept. The Investigating Officer should also call for all particulars of
movable and immovable properties of the accused officer from the Head of the
Department in six proformae statements requesting to get them filled up by the
Accused Officer
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under Rule 9 (8) of A.P. Civil Services (Conduct) Rules, and return them to him
(Investigating Officer).

119. Analogous provisions exist in the All India Services (Conduct) Rules, 1968.

120. Apart from the assets mentioned in those statements, if any other assets are
possessed by the Accused Officer, evidence has to be collected to establish their
possession.
 43

121. The Investigating Officer should also collect immediately all relevant records,
letters of authorization, intimation etc., relating to purchase or sale of or gifts to the
accused officer, of movable and immovable properties.

122. Under Section 165 Cr.P.C., the Officer incharge of a Police Station has the
power of making a search in any place for the seizure of anything believed to be
necessary for the purpose of investigation. The Government have, vide
G.O.Ms.No.341, Home (Pol.D) Department, dated 23rd May, 1984 notified the offices of
the Director, Additional Director, Joint Directors, Deputy Directors, Deputy
Superintendents of Police of the City and other Ranges and District and Range Inspectors
of Police of the Anti-Corruption Bureau as Police Stations with local jurisdiction in their
respective areas (Annexure-II).

123. If prima facie there is evidence that the accused officer is in possession of
disproportionate assets and if there is suspicion that the accused officer may dispose of
some of the properties, the Investigating Officer should address the Director, Anti-
Corruption Bureau to request the Government for attachment of disproportionate assets either
during the investigation or after completion of investigation and submission of final reports. On
receipt of such a request the Government would authorize the Government pleader to make
an application to the concerned District Judge for an interim attachment of the
disproportionate assets of the
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accused officer under section 3 of the Criminal law Amendment Ordinance, 1944.
Section 3 of the Criminal Law Amendment Ordinate lays down that the Government
may authorize the making of an application to the District Judge within the local limits of
whose jurisdiction, the accused person ordinarily resides or carries on business, for the
attachment of his properties. The Government Pleader will file the petition for
attachment. The provisions of Order XXVII of the First Schedule to the Code of Civil
Procedure, 1908, apply to proceedings for an order of attachment. An order of such
attachment of property passed by the District Judge is valid for three months. It,
however, gets automatically extended if, in the meantime, the charge-sheet is filed and
the court of the Special Judge for ACB Cases has taken cognizance of the offence
under section 5 (2) read with Section 5 (1) (e) of Prevention of Corruption Act, 1947,
and remains valid till the termination of the criminal proceedings. Where a charge-sheet
is not filed within the initial period of three months, the Investigating Officer should
 44

request the concerned Government Pleader to file an application in time before the
District judge and obtain an extension from the Court vide Section 10 of the said
ordinance. Evaluation and disposal of the attached properties upon termination of
criminal proceedings is governed by Sections 12 and 13 of the said Ordinance.

124. Investigation of cases relating to disproportionate assets should be completed and

reports submitted within six months.

125. Sanction of Prosecution:----- When, as a result of investigation, it is

established that the Accused Officer is in possession of assets disproportionate to all
known sources of his income, and not able to satisfactorily account for the sources of
these assets, it constitutes an offence under section 5 (1) (e) of the Prevention of
Corruption Act,1947 punishable under section 5 (2) thereof.The authority competent
to remove the accused officer from service is competent to

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accord sanction under Section 6 (1) of the Prevention of Corruption Act, 1947 for the
prosecution of the accused officer for the said offence. Accordingly, sanction for
prosecution should be obtained before filing a charge-sheet since no Court can take
cognizance of the case without proper sanction.
CHARGE-SHEET
126. On receipt of sanction for prosecution, a charge-sheet under Section 5 (2) read with
Section 5 (1) (e) of the Prevention of Corruption Act should be submitted expeditiously in the
court of the Special Judge for ACB Cases in consultation with the Legal Adviser, enclosing
copies of all relevant documents on which the prosecution relies. The date of filing of charge-
shee

COMPUTATION OF DISPROPORTION- IMPORTANT

INGREDIENTS:
127. The term ‘ disproportionate assets’ came into vogue after the Prevention of
Corruption Act was enacted. To verify if a Public Servant is in possession of
‘Disproportionate Assets, three items have to be computed. They are: (a) Income, (b)
Expenditure and (c) Assets. On the basis of evidence collected, the period during
which the accused officer had indulged in corrupt practices and amassed huge assets is
 45

roughly determined and this period is taken as the Check Period and the three
components namely, Income, Expenditure and Assets acquired during the check period
are computed. If the ‘total expenditure’ during the ‘check period’ is deducted from the
“Total Income’ during the same period, the result would be the ‘likely savings’. If the
‘Total expenditure’ exceeds ‘Total Income’ during the ‘period of check’, the excess
would reveal the extent of ‘over spending’. In the case of an honest officer, the value of
‘Assets’ at the end of the ‘period of check’ may be less than or at the most, equal to the
‘likely savings’. In any other case, where the ‘assets’

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exceed the ‘likely savings, or there is over spending’ the officer concerned will be
considered to posses assets disproportionate to his known sources of income or simply
‘disproportionate assets’.

128. The investigation|enquiry should be on clear cut lines on the basis of the four
main aspects referred to above. A rough balance sheet regarding total income and total
expenditure on the one side and assets on the other should be drawn up at the earliest
possible stage and updated to correspond to the progress in enquiry/investigation from
time to time. The salient features and important points which the investigating officer
should keep in mind and follow up with meticulous care are as under:-
CHECK PERIOD
(a) (i) while the investigating Police Officers are free to fix the check period,
they may, as far as possible, fix the check period from the date of entry into service till
the date of ordering an enquiry. However, it may not be necessary in every case to fix
the period of check from the commencement of service of the public servant up to the
time when a case is registered or in certain cases up to the date of search where a
search has been conducted. In some cases, it may be useful to commence the check
period from a date immediately preceding the acquisition of substantial assets. The
investigating officer soon after taking up the investigation, must decide upon the period
which he wants to adopt as the ‘check period’ for the purpose of investigation. There
should be a reasonable basis for selecting a shorter check period. It is ideal to have the
starting date of the check period as the date on which the accused public servant got a
 46

particular posting wherein the amassed wealth by corruption or the date of his
promotion.

(ii) Savings effected before the period of check should also be taken into
consideration by the prosecution in assessing disproportion.

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(b) In every case of disproportionate assets, the residence of the public servant,
his office room, and the residences of his relations where the public servant is
suspected to have secreted his properties benami, etc., should invariably be searched
on warrants obtained from the Special Court or where such information becomes
available during investigation, under Section 165 Criminal Penal Code. The salient
features of such searches are as under:---

(i) Assets should be seized only if they are patently high for the public servant to
hold. Otherwise it should only be mentioned in the inventory to be prepared at the time
of search.

(ii) A proper Inventory should be prepared of the assets found during the searches.
Valuation should also be as at the time of acquisition and not the value at the time of
investigation. Jewellery should be got valued by summoning an approved valuer.

(Iii)All relevant documents should be seized. Sale deeds, purchase bills, Bank Pass
Books, Cheque Books etc., in the names of others should also be seized as these
would later help the I.O. to prove that they were benami purchases and really belonged
to the public servant concerned.

(iv) A conscious effort should be made during the searches to find out the
bank lockers maintained by the public servant. This can be found out by tactful
interrogation of the public servant and the members of his family, by locating locket fee
receipts or locker keys which have a singular appearance. If any locker is located, the
key should be seized and the locker sealed. It should be searched at the earliest by
obtaining a warrant from the Special Court.

TOTAL INCOME AND OTHER INCOME

129. In the case of a public servant, the income includes (a) pay,
allowances and honouraria; (b) income from immovable property; (c) income
from movable assets; (d) income by
 47

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bequeaths and gifts (e) income from other miscellaneous sources (f) Loans and
advances (g) T.A. and D.A. (h) income from agricultural property (i) profits on disposal
of assets etc.

(a) Pay and allowances: (i) So far as pay and allowances are concerned, there
should be no difficulty in computing the same from official records. It is, however,
essential that the results of this compilation should be intimated to the accused officer.
If he points out any discrepancy, it should be immediately resolved by rechecking with
the official records including those of the Accountant-General so that the figures so
worked out become almost incontrovertible. The salary income should normally be
taken on net basis after deduction of income-tax, provident fund etc. which has the
corresponding effect of excluding these items from the expenses side.

(ii) As regards honouraria, while most of it should be available from personal

records of the officer, there may be certain items like earnings from writings in
newspapers or journals or delivering of lectures etc., for which complete details may not
be available in the official records or even in the records maintained in the office of the
Accountant-General. In such cases, the accused officer should be specifically asked to give
particulars of all such amounts that he had received towards royalties etc., and the details given
by him should be cross-checked from official records/ relevant sources.

(b) T.A. & Daily Allowance:T.A. and D.A. are meant to reimburse the public servant in
respect of out-of-pocket expenses and should not ordinarily be a source of income. There can
however be exceptions where the T.A./D.A. Rules are very liberal and the public servant has to
undertake considerable amount of touring in circumstances where a certain percentage of the
allowances can reasonably be expected to be saved. Any claim of such savings of T.A./D.A. by
the Public servant should, therefore, be considered carefully by the Investigating Officer.

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( c ) Income from Immovable property; (i) This can be derived in three different ways viz.,
(1) Sale proceeds of property: (2) compensation arising in cases of acquisition of property by
Govt. etc. and (3) income by way of rent or yield from agricultural property etc.
 48

(ii) Such income can be precisely determined from relevant records, such as personal
books of accounts, records of purchaser such as sale deeds, documents pertaining to
compensation for acquisition of property and in the cases of rental income by rent receipts and
by examination of the tenants concerned. Further verification can also be made by reference to
the Income-tax Returns and by the examination of Bank Accounts of the Public Servant and
Municipal records. The explanations may sometimes be usefully utilized.

(d) Income from movable assets; Such income may be derived in a number of
ways, important among them being:----
(i) Dividends on shares;
(ii) Interest on securities or debentures;
(iii) Interest on deposits;
(iv) Profits or sale proceeds arising out of sale of shares, securities,
debentures or other movable assets.

Income from the shares, securities, deposits etc., can be obtained from the companies
or the firms concerned. Regarding profits on sale of movable articles, the information
can be obtained by examining the relevant records or by examining persons having
knowledge of such transactions. These can be further verified from the Income-Tax
returns and bank accounts and also by examining the competent authority under the
Conduct Rules.

(e) Gifts:--- (i) The Investigating Officer has to verify the financial status of the
alleged donors and whether they were in position to make such gifts to the accused
officer as alleged. If gifts are made on stamp paper, the scrutiny of the relevant stamp
papers and dates on which they were purchased, is sometimes likely to serve very
useful purpose.
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For example, if the stamp paper had been printed or was sold on a date after the said
transaction had allegedly taken place, it would establish that the document was
prepared subsequently with a view to shielding the accused officer.

(ii) The Income tax assessment records of the alleged donors, in case of gifts of
big amounts may sometimes confirm or disprove the alleged transactions. If the gifts of
amounts bigger than the values exempted under the Gift Tax Act, 1958 are made, a
 49

reference to the Gift Tax records of the donors may prove whether the transactions are
genuine or not. In the latter case, they will expose that they were merely a devise to
shield the accused officer.

(f) Income from Agricultural Property:--- The Accused Officers who own
agricultural properties generally inflate the income from such property. This requires a
very detailed investigation with reference to the size of the holdings of agricultural
property, nature of land, types of crops raised, relevant revenue records including crop-
cutting records, commodity price indices etc., assessment of the yield and of inputs
such as the expenditure on irrigation, purchase of seeds and fertilizers, wages of labour
etc., for arriving at the net income from agricultural property. Where agricultural
income-tax is payable, it should be ascertained whether the public servant has been
assessed for agricultural income-tax. Adangals, Pahanies and Village accounts should
be scrutinized and village officers and the neighbouring cultivators examined.
Investigation should be methodical and sustained in these cases and all relevant
information and records should be obtained very quickly so that there is no opportunity
for the accused officers to manipulate the records.

(g) Loans and Advance :---- There will be no dispute if the loans and advances are taken
from the Government. Difficulties arise only in cases where the accused officer claims
to have taken loans from near relatives or friends. It the accused officer claims
receipt of a number of temporary loans from numerous relations, friends
etc.,it is
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necessary for the Investigating Officer to make enquiries about the financial position of
the creditors and the source from which the amounts were withdrawn for advancing
loans, etc. The financial capacity of the persons to make such loans, income-tax
records, scrutiny of bank accounts require thorough probe. Where a person claims to
have made a substantial advance to the public servant, it should be ascertained
whether there is any corresponding withdrawal from his bank account. If loans are partly
repaid by the public servant during the check period, the amount of re-payment should
be added to the expenditure.
 50

(h) Income from miscellaneous sources: This is a very important head under which the
accused officer may claim, among others, receipt of money cut of ancestral property, Joint
property like agricultural lands, etc., or from his father and dowry or other sizeable receipts from
in-laws. These claims give rise to controversy in most cases and therefore, assume importance
from the investigation angle. The legal position, no doubt, is that such matters are within the
personal knowledge of the accused and the onus lies on him to prove that the moneys had been
received and the transactions were genuine. Experience has shown that in most cases where
bogus claims are made on this account, a little care and vigilance on the part of the investigating
officer is enough to dispel and falsify the story put forth by the accused officer. Such
transactions, therefore, have to be considered with due circumspection and have to be accepted
only after thorough check and careful investigation.

130. Income from all sources should be totalled up to find out the total income during the
period of check.

ITEMS OF EXPENDITURE:-
131. This head incorporates all the normal expenses on maintenance and other
outgoings. Some of the common items of expenses and methods of their verification are
discussed in the following paras:---

(a) Information regarding correct and up-to-date income tax

payments can be obtained from the pay bills of
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the accused officer. In case such an officer has been filing his income-tax returns also
on account of his having some other sources of income or for claiming motor car or
scooter rebate etc., the information of income-tax payments may be obtained from his
income-tax assessment records.

(b) Provident Fund Contributions: The information regarding contributions to the

provident fund can be obtained from the appropriate disbursing authorities or the
Accountant General. Normally these contributions are deducted before the salary is
paid.

( c ) Insurance Premia (i) If premia for certain types of insurance policies e.g., Postal Life
Insurance etc., are deducted from pay bills, the information can be obtained from the disbursing
 51

authorities. In other cases, the information regarding insurance premia can be collected from
the Insurance companies concerned after obtaining the full particulars of insurance policies, etc.
from the accused officer.

(ii) Both for Provident Fund contributions and Insurance premia, the best way to get
the information in case of persons who regularly file their income-tax returns is to examine their
Income-tax assessment records. So long as the total payment qualifies for exemption under the
Income-tax Law, an officer would claim rebate of income-tax on the entire amount. While doing
so, sometimes the Insurance policy numbers, dates of policies and the periodical premia are
also mentioned clearly in the income-tax assessment records. All this information can be
usefully utilized not only for getting information about the total payments made under these
heads, but also for discovering some bank accounts of the delinquent officer by ascertaining
from the insurance companies concerned whether the payments were made by cheques or by
cash and if by cheques, by taking details thereof including the names of banks.

(d) House rents: The information regarding house rent, in case the accused officer has
been in occupation of Govt. accommodation, can be ascer-tained from the disbursing authorities
because in such cases the house rent is

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normally deducted at source from the salary before the payment is made. Where,
however, the rent is paid to private owners of buildings, enquiries have to be conducted
with the land-lords. It is necessary to examine the agreement deed (for tenancy) and
also the rent receipts. In case the payments are stated to have been made by cheques, the
bank accounts will also help the investigating officer considerably. Some times enquiries with
co-tenants may yield useful results.

(e) Electricity and water charges: The information in respect of electricity and water
charges can be obtained from the authorities which supply these services, e.g, the Electricity
Department, Water Works and Municipal authorities.

(f) Expenditure on education of Children: The investigating officer has to make

intelligent enquiries to locate the institutions to which the children of the accused officer go for
education. From these institutions enquiries can be made regarding the school fees or other
charges paid. If an accused officer is entitled to reimbursement, whether wholly or partly, of
expenses on education of children according to the conditions of his service, the information
 52

regarding the actual expenditure incurred could be obtained from the official records. While
ascertaining the expenditure on education it is equally necessary to obtain the information
regarding expenditure on books, stationery, private coaching, uniform wherever prescribed etc.,
The boarding and lodging expenses at the hostels must also be taken into consideration for
arriving at a reasonable estimates of expenditure on education.

(g) Maintenance of motor car or other conveyance: Where an

accused officer owns a motor car or other modes of conveyance, the expenditure on
maintenance of such conveyance has to be estimated keeping in view the make, horse
power, the year of manufacture of the vehicle, etc. If he possesses more than one
conveyance, the information regarding all of them must be obtained. The expenditure
on petrol, servicing, etc., can be obtained from the service

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stations where the accused officer ordinarily goes for such services. The information
regarding road tax, repairs, insurance, etc. can be obtained from the authorities (or
persons) to whom payments were made. In this regard, claims of rebates by the A.Os.
for expenditure on own conveyance for purposes of Income-tax calculations may also
have to be verified with the version of the Accused Officer.

(h) Expenses on marriages, etc: (i) Expenditure on marriages of the dependants

or on other religious or social ceremonies can be approximately calculated from the
attendant circumstances like the official and social status of the accused officer, his
family background, his personal habits, the status of the other party concerned (in the
case of marriage), the time and place where the function took place. etc.

(ii) In case an accused officer gives some dowry in the form of fixed or other deposits,
shares, securities, etc., in the marriage of his daughter, the income-tax assessment records of
his daughter or the son-in-law are likely to throw some useful light on the expenditure. Again if
the son-in-law happens to be in Govt. Service and he declares receipt of such amounts under
the Conduct Rules applicable to him, the information available in his declaration may be usefully
utilized.

(i) Pleasure trips, etc:---- The expenditure on pleasure trips and pilgrimages etc., is
likely to form a sizeable portion if a person has been regularly undertaking such trips for long
 53

durations. So far as the expenditure on actual fare is concerned, it can be estimated at the
prevailing rates after ascertaining the mode and class of transport actually made use of. The
duration of the trip and the places visited would also help to form a reasonable estimate of the
expenditure. In case of journeys abroad, the entries in his passport would indicate the places
actually visited by him.

(j) Club and entertainment expenses: It is necessary to obtain

information regarding clubs or other institutions

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of which an accused officer is a member. Information regarding membership fees

paid and also other expenses incurred may not be difficult to ascertain.

(k) Medical and Travelling Expenses: Where the Medical expenses are
reimbursable, the amount of actual expenditure is likely to be more or less equal to the
amount of reimbursement. Out of travelling expenses, small fractions of savings may
be expected, but so far as reimbursement of medical expenses is concerned, the pre-
condition for such reimbursement is that the entire amount of expenditure shown must
have been actually incurred. Therefore, there is absolutely no question of any saving
out of these reimbursements. In case the accused officer maintains a bank account, a
careful scrutiny of the said account will help the Investigating Officer to ascertain the
nature and amount of the actual expenditure under these heads.

(l) Licence Fees, etc., Payments for the renewal of licences of various items
like radio set, T.V., motor vehicle, driving licence, fire arms, etc., may be ascertained from
the concerned licencing authorities. Sometimes the information regarding various licence fees
paid by an accused officer may also help to ascertain the assets which he possess and for
which no information has already come to the notice of the investigating officer.

(m) Losses sustained in disposal of Assets: If the accused officer claims loss in certain
transactions of sale of movable or immovable properties, it has to be verified. Such a loss will
constitute a part of the total expenditure of the officer.

(n) Household expenditure: (i) The house hold expenses include expenses on
kitchen, clothes, servants, washing, smoking, drinks, expenditure on rations,
 54

groceries, sugar, tea, milk, biscuits, bread, butter, eggs, poultry, fish, vegetables, fruits, cooking
oil, gas, fuel, newspapers and magazines, expenses on hobbies, etc. All
these expenses are mostly non-verifiable, unless the public servant has

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kept a record of these expenses. Information available in the Bureau of Economics

and Statistics may be used in estimating expenses of the accused officer. Expenses on
items which are not taken into account by the Bureau of Economics and Statistics,
should be separately determined.

(ii) The expenses are likely to differ from individual to individual depending on
his habits, personal tastes, values in life, family background, etc. There will be variations in
expenses from time to time depending on the following factors:--

(a) Number of dependants;

(b) Age of dependants;
(c) Number of domestic servants;
(d) Number of guests, received and frequently thereof;
(e) Places of posting;
(f) Living standard of the family and style of living:
(g) Maintenance of pets;
(h) Mode of Travelling, etc.

While estimating the household expenses, all these factors should be discussed in detail
in the Investigating Officer’s Report to justify the estimates. If the Public Servant has given a
low estimate of expenses, the reasons for its non-acceptance should be discussed in the report.

(iii) The period of check should be sub-divided into smaller portions for determination of
expenses of the public servant during such periods. The division into these smaller block
periods may conform to the size of the family, promotions earned by the officer and the place of
his postings, etc.

(o) Expenses deductable from rental income:--- In computing the rental

income, care should be taken to verify the expenses borne by the public
servant in respect of the property which yields rental income. The expenses
normally borne by the owner of the immovable property are house tax and other
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Municipal taxes, amount actually spent on repairs, ground rent, interest payable on
borrowings if
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the property was acquired, constructed, repaired with such loans, land revenue and
other State Government taxes and collection charges actually incurred for collecting
rents from tenants. These should be shown under the head ‘Expenses’.

132. After arriving at the total estimate of expenditure, the Investigating Officer should
compare it with total income of the accused officer and if it is found that such expenditure is less
than such income, the scope and reasonable extent of saving from such income that the
accused officer could have effected should be examined. Where investigation has revealed that
the accused officer could have effected savings from his net salary after accounting for his
household expenditure, the reasonable extent of saving (from his net salary income) that could
be admitted should be subject generally to a maximum limit of 30%. This saving can be of
lesser extent, depending on evidence and circumstances of each case.

ASSETS
133. Assets mean the total value of the property both movable and immovable,
possessed by the public servant at the time of checking. The determination of assets
held by the public servant including the discovery of any undisclosed assets at the close
of the check period, is one of the most important points of investigation in a case of this
nature. The prescribed proforma statements I to VI should be obtained from the
accused officer through the concerned Head of the Department/Government. No order
under section 91 Cr.P.C. should be served on the accused officer as it is
unconstitutional, being in violation of Article 20 (3) of the Constitution of India.

IMMOVABLE ASSETS:
134.The immovable assets include houses, flats, house-sites agricultural and
other lands, etc. The purchase price of agricultural lands or plots of land or buildings
purchased can be precisely determined with

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reference to the registration records, the stamp duty paid and by examination of the
vendors of such property. Assets belonging to dependants of a Government servant
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and those held in benami names are also to be included in the total value of the assets.
In regard to evaluation of house property, valuations have to be got done by the Deputy
Director (Engg), Anti-Corruption Bureau, Hyderabad, after collecting information about
year of construction, sanctioned plan, specifications of construction etc., The Deputy
Director (Engg), ACB, who undertakes the evaluation of such property must furnish the
data on the basis of which the estimate has been made as this is often challenged by
the public servant who in some cases may also have got the property evaluated through
some private agency such as an approved valuer for the purpose of wealth-tax returns
etc.

MOVABLE ASSETS & THEIR VALUATION ETC.

135. It is neither possible nor necessary to enumerate the various kinds of movable
assets which one can acquire. The Investigating Officer would, however, do well to take stock
of such of them as are valuable or have been obtained surreptitiously. The broad categories of
these assets are indicated below, and information about the same should be collected by
requesting the competent authorities to call upon the delinquent officer to make a declaration
under the Conduct Rules applicable to the public servant:----

(a) Balances in current accounts with Banks.

(b) Balances in saving accounts with Banks.

( c ) Balances in fixed deposit accounts with Banks.

(d) Cumulative Time Deposits in Banks and Post Offices.

(e) Balances in Post Office Savings Bank Accounts.

(f) Post Office Cash Certificates, National Savings Certificates.

(g) Government Securities------State and Central.
(h) Treasury Bills and Prize Bonds|Unit Trust.
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(i) Loans of local authorities.
(j) Advances and loans given to debtors.
(k) Deposits with companies, firms etc.
(l) Shares in Joint Stock Companies.
(m) Debentures of companies.
(n) Cash
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(o) Bullion.
(p) Ornaments, Jewellery, including pearls and precious stones.

(q) Furniture and carpets etc.

(r) Cars, Motor-Cycles, Scooters, Cycles etc.

(s) Televisions, Radiogram, Radio-set, Gramaphone, Air-conditioner, Air

Coolers, Tape-recorders etc.
(t) Sewing machine, washing machines, Geysers, cooking range,
mechanical gadgets etc.
(u) Costly items like watches, pens, decoration pieces, fire-arms etc.
(v) Cattle-wealth, stud animals, kennel etc.

136. The cost of acquisition of those assets and not the prevalent price at the time
of investigation has to be taken into consideration. A careful scrutiny of the income-tax
returns, wealth-tax returns where these have been filed, may also sometimes reveal
useful lines of investigation.

ASSETS AT THE BEGINNING OF THE CHECK PERIOD:

137. If the Investigating Officer has taken a shorter period of check than the
entire period of service of the public servant and in cases where the public
servant had assets even while joining service, it becomes necessary to determine,
as precisely as possible, the total value of the assets possessed by the accused officer
at the commencement of the check period for deducting the same from the total value of
the assets which the public servant may be found in possession of at the end of the
check period in order to determine the total acquisition of assets during the
period of check. It is sometimes

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noticed that this important aspect is not subjected to a thorough investigation. In this
connection, it has to be kept in mind that during his examination, the public servant
concerned may also claim to have been in possession of substantial assets at the
commencement of the check period, and it is the duty of the Investigating Officer to
verify each such claim very thoroughly.

EXAMINATION OF BANK ACCOUNTS:-

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138. It has been found from experience that an intelligent scrutiny of bank
accounts invariably helps in a number of ways. The credits into the bank accounts
compared with the known sources of income would indicate whether there are doubtful
deposits calling for detailed investigation. The debits would give information about
investment and assets of the accused and also the amount spent on house-hold
expenses. In a case of sudden accruals and large deposits found during a particular
period, especially corresponding to the period during which the accused officer was
holding a post where there are opportunities of corruption, such sudden accruals and
large deposits during a short period should always be specially brought out and
emphasized during the trial or in the disciplinary proceedings, as the case may be.

EXAMINATION OF THE PUBLIC SERVANT:

139. In an investigation of a case of disproportionate assets, it is very

necessary that the public servant concerned should be questioned in great detail
regarding his income, expenditure and assets. Wherever necessary the
benefit of doubt in respect of claims made by the public servant in respect of certain
items of income or expenditure should be given to the public servant unless such claims
can be rebutted by evidence. It is not correct for the Investigating Officer to summarily
reject such claims of the public servant. The public servant must be made to feel that
the Investigating Officer is anxious to afford

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him full opportunity to clear himself of the allegations under investigation.

COMPUTATION OF DISPROPORTION:

140. Once evidence has been collected from all the known sources about the
delinquent officer’s income, expenditure and assets, it should not be difficult to find out whether
the allegation under enquiry has been brought home against him. The difference between his
income and expenditure calculated by the elementary arithmetical process of deducation,
should be compared with the assets acquired during the period of check. If the latter exceeds
the likely savings substantially, a case is made out and the greater the disproportion, the
stronger the case. But this essentially pre-supposes not only that no source of income, no head
 59

of expenditure and no variety of asset has been left out of account, but also that income,
expenditure and assets have been estimated as accurately as possible.

141. The crux of the case will depend upon the comparison between assets and
likely savings. While making this comparison, it should not be overlooked that there is
scope for argument on certain items of expenditure, e.g., expenses on marriages etc.
On all such arguable items, the benefit must be given to the Government Servant
concerned unless clear and definite proof is available against him. In view of this and
in view of the difficulty in calculating income and expenditure absolutely and accurately,
the case will not be good if the assets are equal to or even a little more than the likely
savings. The possibility of a good case arises only if the assets are considerably more
than the likely savings and are thus obviously disproportionate. In such cases there will
be need for further and more detailed scrutiny and check. At this stage the Government
servant concerned should be particularly asked to explain as to how he got the
disproportionate or excessive assets, i.e., those which cannot be explained by the
likely savings. If he cannot give a

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satisfactory explanation, he would obviously be liable for a charge of possessing assets

disproportionate to his known sources of income.

142. Where after a detailed investigation/enquiry, it appears that the evidence is

not sufficiently strong or clinching to justify prosecution of the public servant under
section 5 (2) of the Prevention of Corruption Act, the public servant can be dealt with
departmentally on a charge of violation of Conduct Rules on the ground that the
possession of disproportionate assets is a sufficient basis to allege that the public
servant concerned has not maintained absolute integrity.

143. While investigating a case of this nature, the Investigating Officer would also
find out whether the Conduct Rules in force, current or during the material time, have
been otherwise contravened, for example whether the delinquent officer has been
deriving income from sources suggestive of the inference that he has been indulging in
business or whether he had acquired /disposed of assets without obtaining prior
 60

permission or giving intimation to the competent authorities as the case may be, or
whether he had acquired assets by corrupt or illegal means. Specific cases of such
misconduct have to be brought out in the course of enquiries.

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CHAPTER-IX

PLAN OF ACTION, CASE DIARIES AND PROGRESS REPORTS

144. According to the Standing Instructions, Discreet Enquiries, Regular

Enquiries and investigation of Registered Cases should be completed within 2
months, four months and six months respectively.

145. There is no need to send Progress Reports in Dis-creet Enquiries.

146. A Plan of Action should be submitted to the Head Office by the

Investigating Officer in every Regular Enquiry and Registered case within 15 days of
taking up enquiry or registration of a case as the case may be. A Plan of Action should
be prepared in respect of the allegations under enquiry|investigation. The relevant
records to be obtained and scrutinized and witnesses to be examined under each
allegation have to be mentioned clearly and not in a general manner. It is necessary to
get the Plan of Action scrutinized by a Legal Officer of the Anti-Corruption Bureau for
 61

the purpose of consultation during enquiry|investigation. In engineering cases, the

Deputy Director (Engineering) should peruse the plan of action and offer his comments.

147. The Plan of Action should be in the following proforma:-

“PLAN OF ACTION IN REGULAR ENQUIRY|REGISTERED CASE WITH THE

INSPECTOR, OF POLICE A.C.B.-----------------------------------“.

Case No. and Date: Rc.No.

Dated.
Name and designation of the
A.O (s).

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Allegation No. 1: is that Sri

Oral Evidence (Witnesses to be examined) :----
1.
2.
Documentary Evidence (To be collected & scrutinized) :
1.
2.
3.
Allegation No.2: is that Sri
Oral Evidence:
1.
2.
CASE DIARIES:
148. Every Officer making an investigation shall maintain a record of
investigation done on each day. The record of investigation in the form of a Case Diary
shall contain details of the time at which the information reached the Investigating
Officer, the time at which he began and closed his investigation, the place or places
visited by him and a statement of the circumstances ascertained through his
investigation. The Case Diaries shall be as brief as possible and only such incidents of
investigation shall be included which have a bearing on the case.

149. All Case Diaries prepared in a case should bear a consecutive number
and shall be dated. There shall be a separate case diary for each date, for each case.
 62

150. Investigating Officer should submit their case diaries on every

day of the investigation to the Range Deputy Superintendent of Police concerned who in
turn will submit them to the Head Office through the concerned Joint Director. The case
diaries should be stamped with date rubber stamp as soon as they are received in the
Head Office. The Deputy Superintendent of Police and Joint Director should issue
necessary instructions to the investigating officer wherever necessary.

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151. Gist of statements of witnesses recorded under section 162 Cr.P.C.

will be incorporated in the case diaries. The statements themselves will be recorded on
separate sheets of paper and enclosed to the case diary.

152. An up-to-date record of the progress made in the cases at the post
investigation stages also should be available in the case diary file itself. There is no
objection if this record is maintained on the case diary forms and kept in the Case Diary
file. Case diaries covering the stages after completion of field investigation should only
record the actual progress made in the case. Opinions of Law Officers or other Officers
should not be reproduced in case diaries. The final decision taken in the case after
investigation should of course be recorded.

153. Case diaries issued by the Investigating Officer during the pendency of the case in
court trial|departmental action|T.D.P., enquiry should be in addition to the court diaries/progress
reports required to be submitted by Prosecutors/Presenting/Investigating Officers in cases
which are peding trial|departmental action.

154. In cases where it has been decided not to prosecute any person but to refer
the case for T.D.P| Departmental action or to drop further action, as soon as
Government’s decision is communicated to Head Office, the Range Dy. Supdt. of Police
concerned will be informed of the same by the Head Office and then a report under
section 173 Cr.P.C. should be submitted by the I.O. concerned to the Special Court
concerned stating that the case has been closed for want of adequate evidence or that
in view of the evidence on record, disciplinary proceedings have been recommended
against the accused officer.
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155. About the disposal of the case property seized during

investigation, it should be reported to the Court that the investigating
agency may be permitted to dispose of the case property after such
T.D.P. enquiry| departmental
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action is over as such case properties may be required to be produced during such
disciplinary proceedings. The Court has the discretion to pass appropriate orders under
section 457 Cr.P.C.

PROGRESS REPORTS:

156. Monthly Progress Reports should be sent to the Head office in all Regular
Enquiries and Registered Cases, showing the progress made in each Regular Enquiry
and Registered Case.

157. All Progress Reports should be dated the first of each month and should be
dispatched on the same date without fail, so as to reach the Range Office on 2 nd or 3rd
of every month.

158. They should inturn be submitted by the Range Dy. Supdt. of Police to the
concerned Joint Director with his remarks.
159. If the investigation|enquiry has not been completed within six months in a
registered case and within 4 months in a regular enquiry, the reasons thereof should be
mentioned stating what remains to be done and the steps taken to avoid further delay.

160. The Progress Reports should be so prepared as to give a clear, connected

and continuous picture of the Progress of enquiry
/investigation and particularly of the nature of evidence collected. When-ever fresh
allegations arise or involvement of some more public servants come to light during the
enquiry investigation, these should be specifically mentioned in the progress Reports.
Names of witnesses examined and documents seized or collected should be serially
numbered in the progress Reports mentioning the brief facts revealed by examination of
witnesses and scrutiny of records. Names of witnesses examined and documents
 64

seized should be serially numbered in the progress Reports as P.W.1, P.W.2

etc. If one more witness is examined in the

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next progress Report, he next progress Reports, he should be numbered as P.W.3.

Similarly documents seized should also be numbered and listed as exhibit A, B, C, etc.
The D.S.P., concerned and Joint Director should suggest or give instructions to the I.O.,
to improve or expedite the enquiries. The Progress Reports should be so prepared that
there is sufficient evidence of application of mind on the part of the supervisory officers,
as for instance in monitoring the implementation of the plan of action by the
Investigating Officer. A progress Report should give as exact an idea as possible to the
Head Office about the facts found and the evidence collected concerning the allegations
against the suspected person enabling them to see on what lines the
enquiry|investigation will be conducted further and what remains to be done to complete
the enqury|investigation.

161. The Progress Report must specifically mention (I) the number of allegations, of
which how many are completed and how many are yet to be completed; (2) the total
number of witnesses to be examined in the enquiry under each allegation, of which,
how many are examined and yet to be examined; (3) total number of documents to be
collected and yet to be collected; (4) reasons for delay i.e. whether the delay is due to
non-co-operation of the A.O., for examination of witnesses|non-availability of
witnesses|non-receipt of records etc. If the delay is due to non-receipt of records the I.Os or
must specifically mention the efforts made by them so as to enable the Head Office to bring it to
the notice of the appropriate authority These reports should be written as far as possible under
the separate heads of allegations contained in the F.I.R. The allegations should also be serially
numbered and these numbers should be adhered to throughout the course of investigation.The
allegations must be mentioned in clear and specific language without legal trimmings etc. The
Progress Report should indicate the progress of investigation allegation-wise. Under each
allegation, the points from the statements of various witnesses relevant to it or the light thrown
on it by the
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examination of documents should be mentioned. This will require some care on the
part of the officer. Verbatim statements and full details of documents need not be
furnished.

162. It is not necessary to repeat, all the allegations in detail in each Progress Report.
Only gist of the allegations need to be mentioned.

163. When the opinion of the Government Examiner in Questioned Documents

(Handwriting Expert) or some other Technical expert is received, the Progress Report should
give the gist of that opinion. When documents are examined, the result of examination of
documents should be noted briefly.

164. If the final report received is returned for making further enquiries on certain points
and submission of a revised final report, or further report, the Enquiring Officer/Investigating
Officer should continue to send progress reports till enquiries/investigations are complete in all
respects.

165. The Monthly Progress Reports should reach the Head Office in duplicate before
the 5th of every month without fail in the proforma mentioned below:---
PROFORMA
PROGRESS REPORT OF THE DY,. SUPDT. OF POLICE/ INSPECTOR, ACB……………….FOR ---------
------------19 “
_________________________________________________________________
1. Case No. Date of Registration.
2. Name and designation
of the accused officer.
3. Allegations. (Details of allegations should be mentioned
in the first Progress Report and in the
subsequent Progress Reports, only No.
and gist of the allegations need to be
mentioned.)
4. No of witnesses
examined.

5. No. of documents
secured.

6. Progress in the case. (What has to be done, what has been

Done so far and what remains to be
done to be mentioned.)

Signature and designation of

Of the Officer.
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166. The Progress Reports should reach the concerned Joint Directors in name
covers in duplicate. The original Progress Reports with the remarks of the Joint Director
will be returned to the Deputy Superintendents of Police for the purpose of carrying out
instructions. The duplicate copies of the Progress Reports incorporating the remarks of
the Joint Directors will be sent to the S.B. Section for taking further action in the matter.

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 68

CHAPTER-X
ARRESTS, SEARCHES AND SEIZURES

A R R E S T S:

167. Section 41 of the Code of Criminal Procedure empowers any Police Officer, to
arrest without warrant, any person who has been concerned in any cognizable offence
or against whom a reasonable suspicion exists of his having been so concerned. The
power of arrest given in this section is, however, discretionary and not obligatory.

168. A Police Officer may also apply to a Magistrate for a warrant or summons
before making the arrest.

169. Public Servants should be placed under arrest only when it becomes
necessary to do so in the interest of investigation or to satisfy the requirements of law or
to prevent the accused from absconding or after a decision has been taken to launch a
prosecution and necessary sanction for it has been obtained. Investigating Officers
should, wherever possible, obtain the concurrence of the Director, Anti-Corruption
Bureau before making such arrests. The Investigating Officers should use utmost care
and discretion in deciding to make such arrest so that undue publicity and
embarrassment are avoided.

170. In effecting the arrest of a Public Servant, proper steps should be taken to see
that work is not unnecessarily dislocated. Whenever possible, timely information should
be conveyed secretly to the authority to whom such public servant is subordinate,
regarding the intention of the Investigating Officer to arrest the public servant concerned
so that they might make suitable arrangements to relieve such public servant after he is
arrested.In exceptional cases it may be necessary to arrest the accused public
servant immediately and the Investigating Officer may not

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be in a position to give prior intimation to the authorities concerned. In such cases

immediate information of the arrest should be given to the authority concerned and a
 69

report should be sent to the Head Office by the next post provided the accused is
released on bail or on personal bond.

172. Under Section 58 Cr.P.C. of 1973, all arrests by a Woman and shall in all
cases be conducted with due regard to decency.

172. Under section 58 Cr.P.C. of 1973, all arrests without Warrants made by the
Investigating Officers shall be reported to the concerned Special Judge for S.P.E. and
ACB cases, in the prescribed form.

173. When an arrested person accused of a bailable offence can give good and
sufficient bail, it shall be accepted and he shall be released from custody.
SEARCHES AND SEIZURES

174. If an Investigating Officer considers the production of any particular document

or thing which is known or believed to be in the possession of a person, other than an
accused, necessary or desirable for the purpose of investigation, he may issue a written
order for its production under Section 91 Cr.P.C.

175. If the document or the thing is likely to be found at a place within

the territorial jurisdiction of the area of which he is incharge and if the
Investigating Officer has reason to believe that such document or thing cannot
otherwise be obtained without undue delay, such officer may, after
recording in writing the grounds of his belief and specifying in such writing so far as
possible the thing or document for which search is to be made, search or cause search
to be made for such document or thing. The search shall, if practicable, be made by the
officer himself but if he is unable to conduct the search in person, he may, after
recording in writing reasons for so doing,
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require a subordinate officer by an order in writing to make the search. Such order
shall specify the places to be searched and as far as possible the thing or document for
which search is to be made Section 165 Cr.P.C. gives powers to Investigating Officers
for such searches. A record of these searches shall be made in a Panchanama and a
 70

copy shall be sent to the Magistrate or Special Judge empowered to take cognizance of
the offence.

176. Under section 166 Cr.P.C. an Investigating Officer may require an officer in
charge of another Police Station to search for any document or thing if he has reason to
believe that the document or thing cannot otherwise be obtained without undue delay or
may search himself if he thinks that the delay occasioned by addressing the officer
incharge of another Police Station in whose jurisdiction the document or the thing is
believed to be, might result in its being concealed or destroyed. In either case, the
officer conducting the search shall proceed according to the provisions of section 165
Cr.P.C.

177. In every case in which the Investigating Officer desires to search a house or place,
he should submit a report to the Director, Anti-Corruption Bureau showing reasons for the same.
A House Search must not be made unless there is definite reason to believe that certain specific
things or documents relating to the investigation will be found. The practice of searching
houses for the off-chance that something may be found which may be of interest to the
investigation is not only incorrect but also undesirable.

178. Although the law does not require that searches should be made by day-light,
searches after dark should as far as possible, be avoided. In such cases precautions
should be taken to see that articles of evidentiary value for which search is to be made
are not destroyed or tampered with.
179. Investigating Officers may conduct searches, as authorized by law,
but in all important and serious cases
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it would be advisable to obtain warrants for searches from the Special Judge for SPE
and ACB Cases.

180. The Investigating Officer is empowered to require in writing the attendance of

persons to witness the search. Refusal to obey such order is punishable under section
187 IPC. The occupant of the house or some person on his behalf should be permitted
to be present during the search and before entering the house, the Investigating Officer
 71

and the witnesses should submit their persons for being searched. No other person
should be permitted to enter or approach the house.

181. Legally it is not necessary for the Investigating Officer to obtain the consent
of the Head of the Department or of the Office concerned before making a search of the
premises of an officer working under him. The Investigating Officer should, however,
inform him as soon as possible after the search has been conducted.

182. A seizure Memo, of the articles or documents seized in the course of search
and of the places where they were found shall be prepared in triplicate by carbon
process by the Investigating Officer on the spot. The original as well as the carbon
copies shall be signed by the officer conducting the search and the witnesses. The
seizure memo should always be prepared under the appropriate provisions of law, i.e.
sections 51, 100 (4, 5, 6, 7, 8), 165, 166, 402 Cr.P.C. 1973 as the case may be. The
seizure memo should not bear the signature of the accused. One copy of the memo will
be immediately delivered to the person whose place was searched (whether accused or
not) or to his agent and a receipt obtained in the following form:----
“Received a copy of this seizure memo.
Signature of the House-owner,
Agent or Occupant,
Date and time.”

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183. A copy of the seizure memo shall be sent to the Magistrate having
jurisdiction as required under section 457 Cr.P.C. The original memo will be retained by
the Investigating Officer in the case diary.

184. The Officer conducting the search must insist on the witnesses being
present with him throughout the search and when an article or document is discovered,
attention of the witnesses should be called to all circumstances relating to it.

185. If incriminating documents or articles required for the purpose of

investigation are suspected to be kept in various places, simultaneous searches may be
conducted to seize them. The Investigating Officer should properly plan and execute
 72

these searches to preclude, the danger of the documents or articles being secreted,
done away with or mutilated.

186. The procedure prescribe in section 92 Cr.P.C. must be followed, if the

production of letters, post-cards, parcels, telegraphs or other documents or things in the
custody of the Postal or Telegraph authorities is considered necessary Ordinary
records maintained in a post office and information available in them shall be given on
the written order of the Investigating Officer.
187. The Director, Anti-Corruption Bureau, and his subordinate officers are
authroised to inspect official or secret records at all stages of the investigation. They
can, therefore, have access to all official records required by them for the purpose of
investigation or for production in courts.
188. It is permissible under the Income-tax Act 1961, subject to the
provision of any notification issued under section 138 (2) of the Act, to obtain
any information of the assessment of any assessment and also ask for
the inspection of assessment records or any other information contained therein either
by making an application under section 138 (1) of the Act, or by sending a requisition
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under section 91 Cr.P.C. or from any list of assessees published by the Central
Government under section 187 of Income-Tax Act. However, in view of the very large
number of assessees, the Ministry of Finance do not propose to publish assessment
figures in all cases particularly as the assessments would be in the names of
individuals. This latter source of information would not, therefore, ordinarily be
available. So far as Investigating Officers are concerned, they should obtain the
requisite information, as a rule, by sending a requisition under section 91 Cr.P.C.
instead of making an application under section 138 (1) of the Income-Tax Act, 1961.

189. It should be considered as sufficient compliance of an order under section 91

Cr.P.C. by Banks or Public Offices if the required documents or books are shown or
produced at the Bank premises or in Public Offices as the case may be. Investigating
Officers should not insist on an officer of the Bank attending and producing the records
at any place other than the Bank premises.
 73

190. Under section 5-A (2) of the Prevention or Corruption Act, certified copies of
the relevant entries relating to the accounts in the Banker’s Books of any person
suspected to have committed any offence under sections 161, 165, 165-A IPC, or
section 5 of the Prevention of Corruption Act, 1947, or of any other person suspected to
be holding money on behalf of such person can be taken or caused to be taken and the
bank concerned is bound to assist in the exercise of these powers. These powers can,
however, be exercised only by a Police Officer empowered to investigate under sub-
section (1) of Section 5-A of the Prevention of Corruption Act 1947, provided that it shall
not be exercised by a Police Officer below the rank of a Superintendent of Police,
unless he is especially authroised in this behalf by a Police Officer of or above the rank
of a Superintendent of Police.

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191. While exercising the powers under section 91 Cr.P.C. or while taking
possession of documents, records etc,. required for the investigation, the Investigating
Officer must be careful not to act in a manner which may cause unnecessary hardship
or dislocation of work respectively to the persons of offices concerned.

192. In all cases where any records or articles are taken into possession during
the course of Investigation without formal search, a proper recovery memo in the
prescribed form attested by two respectable witnesses and the person from whom the
records or articles are taken possession of, should invariably be prepared on the spot
and each of the documents or articles should, as far as possible, be got initialled and
numbered by the persons producing it as also witnesses to preclude any changes or
substitution. All records and property seized during investigation must be forthwith
deposited in the Special Court concerned and if they are required by the I.O. for
purpose of investigation, they may be taken back temporarily till the purpose is over. All
properties seized during investigation under the provisions of the Cr.P.C. should
invariably be forwarded to the Court U/s 451 Cr.P.C. for custody during the pendency of
the case. No case property should be retained by the Investigating Officer after the trial
of the case has been ordered by the court of competent jurisdiction.

193. If the property has to be produced in the trial of a case other than the one in
which it is originally seized, it should be routed through the court concerned with the
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first case. A clear request should be made to the second court, to return the property
to the former as soon as the trial in the earlier case is over and that it should not be
disposed of in any other manner. If necessary, two, otherwise at least one set
of Photostat copies or of certified copies (in the case of documents) should
be retained with he court within the jurisdiction

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of which the property is originally seized. That will enable secondary evidence to be
produced in the event of loss of primary evidence.

194. The disposal of property to parties concerned should be done through proper
invoices with supporting entries in the A.C.B. record. Properties relating to cases
recommended to the Department concerned that steps will be taken for the disposal of
such property on confirmation that no departmental action is being taken by the
Department. As regards property relating to disciplinary cases in which punishment
imposed is regarded as adequate, action may be taken for the disposal of the property
after ascertaining from the Department that no appeal has been filed by the delinquent
officer against the punishment awarded. In the event of an appeal, the property will be
disposed of after the appeal.

195. To avoid delay in disposal of properties in cases which have been closed, the Joint
Directors concerned should ensure that such properties are disposed of within 15 days of the
closure order. In order to watch the disposal of closed cases, a register of closed cases in the
following form should be maintained:
______________________________________________________
Order No. S.Nos. of
Sl. Date of MR items Date of Remarks
No. RC/RE Closures pertaining disposal
No. to cases.
________________________________________________________
(1) (2) (3) (4) (5) (6)
--------------------------------------------------------------------------------------

196. The Joint Directors concerned must invariably inspect the properties seized and kept
with the Investigating Officers every two months and record an inspection note.
Guide Lines to be observed by the Investigating Officers.
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197. (1) House searches may be conducted only when essential in

the interests of the case. It will have a very bad effect on the
morale if after conducting the house

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search the case against a senior officer is ultimately closed or referred only for
departmental action.

(2) Searches must always be carried out in strict conformity with law. Provisions
of Sections 93, 165, 166, 99 and 100 Cr.P.C. must be fully complied with.

(3) Searches as a rule should be carried out under the authority of a warrant from
the competent Spl. Court. In all such cases prior approval of the Director, Anti-
Corruption Bureau, Hyderabad should be obtained before carrying out searches. A
watch of the places to be searched should be kept where necessary during the period of
verification of information. In I emergent cases where there is imminent risk of loss of
evidence due to delay inherent in the process, it will not be possible to follow the above
rule. In such cases, the provisions of Section 165 Cr.P.C. must be complied with
carefully and the record to be prepared by the Investigating Officer in compliance of the
requirements of that Section must be prepared carefully with proper phraseology so as
to confirm fully to the legal requirements of that Section.

(4) The Head of the Department and Government should be informed

immediately after the search, mentioning the reasons for such search.
(5) The number of places to be searched should be restricted to the minimum, consistent
with the interests of the case.
(6) Searches after dark should as far as possible be avoided.
(7) Searches should not, unless absolutely unavoidable, be carried out on occasions of
festivities/celebrations etc., going on in the houses to be searched.
(8) Searches must always be conducted quickly and quietly and in a manner so as
to avoid unnecessary embarrassment, humiliation or inconvenience to the public
servants and their family members. Due courtesy should be shown to the public
servants and to their family members to take the sting out of the searches.
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(9) Articles of trifling value and/or daily use need not be mentioned individually in
the search list nor seized. In cases of disproportionate assets, it would however be
useful to note down the lump-sum value of such articles in the house, even if they are
not seized.

(10) The size of the search party must be kept to the minimum consistent with the
requirements of the case. Show of force must be avoided. If for any special reasons
some force is required, it may be kept in reserve at some distance.

(11) Search parties should invariably be headed by officers not below the rank of
Inspector. In case of search of houses of senior officers or big firms, the searches
should be supervised personally by the Joint Director concerned on the spot.

(12) Informants/Colleagues/Subordinates of the public servant whose house is

searched should not as a rule be selected as search witness and should not accompany
the search party.
(13) Search witnesses should be in a position to testify that the house searched in
their presence was in the occupation of the accused public servant/family
members/close relations.
(14) Proper facilities should be given to the Panchayatdars and undue
inconvenience to them avoided.
(15) Members of the search party should be fully briefed about their allotted tasks
and about the do’s and don’ts on searches contained in this Manual and other
instructions issued from time to time, before they set out for actual search.
(16) Press publicity to be given about searches will be decided only by the
Director, Anti-Corruption Bureau in the light of the report received from the Investigating
Officer/D.S.P/J.D.

(17) A report about result of the search should be sent

immediately after the search by the officer incharge of

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the Search party. Apart from the evidence collected, the report should also mention the
time at which the search began and ended and any other fact which may be relevant.
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In case the preparation of search lists etc., has taken an unduly long time, that fact also
should be clearly brought out in the report.

(18) When an Investigating Officer of one District|Range goes to conduct a search

in a place within the jurisdiction of another Dist. Range, the DSP|Inspector of the latter
Dist.|Range should be contacted to depute an officer of his District| Range also to be
present at the time of the search.

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 78

CHAPTER –XI

EXAMINATION OF DISPUTED DOCUMENTS BY GOVERNMENT EXAMINER OF

QUESTIONED DOCUMENTS.
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198. There is a Directorate of the Forensic Science Laboratory at Red Hills,

Hyderabad, which is the State Government Department where the following types of
examinations are carried out by the Government Examiner of Questioned Documents:-

(i) to determine the authorship or otherwise of the questioned writings by a

comparison with known standards;

(ii) to detect forgeries in questioned documents;

(iii) to determine the identity or otherwise of questioned type scripts by comparison

with standards;

(iv) to determine the identity or otherwise of seal impressions;

(v) to decipher erased (mechanically or chemically) or altered writings;
(vi) to determine whether there have been interpolations, additions or over-writings
and whether there has been substitution of papers;
(vii) to determine the order or sequence of writings as shown by cross strokes and
also to determine the sequence of strokes, creases or folds of the questioned
documents where additions are suspected to have been made;

(viii) to detect any tampering in wax seal impressions;

(ix) to decipher secret writings; and

(x) to determine the age of documents and other allied handwriting problems.

199. There is also a Central Government Office of the Government Examiner of

Questioned Documents at Ramanthapur, Hyderabad for the same purpose.

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200. The Government have exempted the Anti-Corruption Bureau from payment of fees
prescribed for the services of the Scientific Section C.I.D. (Director of Forensic Science
Laboratory) vide G.O.Ms.No.397 Home (Police-C) Department, dated 1st September,
1983. However, the prescribed fee has to be paid to the Government Examiner of
 80

Questioned Documents, Ramanthapur, Hyderabad, if documents are sent to him for

examination and opinion.

201. The Expert of the Forensic Science Laboratory Hyderabad/Government Examiner

of Questioned Documents requires some time to furnish his opinion in cases referred to
him. Hence, a reference has to be made to the Director of Forensic Science
Laboratory/G.E.Q.D, Ramanthapur, Hyderabad as and when all the required material
has been collected. It is not necessary to wait until the investigation is almost complete
as this will delay finalization of a case for receipt of opinion of the Government Examiner
of Questioned Documents.

202. The following precautions should be carefully observed in handling documents:

(a) Documents should not be subjected to frequent or careless handling and should
from the very beginning be properly protected either by placing them between sheets of
blank papers or preferably between thin, transparent sheets of celluloid.
(b) Documents should not be exposed to moisture of any kind or to strong sunlight and
should never be carried in the pockets of one’s wearing apparel where they are likely to
be affected by bodily heat or moisture or get worn out, wrinkled or soiled.
(c) Documents should not be cut or torn or trimmed or mutilated in the slightest degree.

(d) Documents should not be folded or unfolded unnecessarily and a new fold should
never be introduced.

(e) Documents should not be touched with an eraser of any kind, nor should adhesive
labels be applied.

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(f) Documents should not be punched or pinned but paper clips should be used where
necessary.

(g) No additions, such as underlining features thought to be significant, should ever be

made in the documents. The identification marks should be applied with colour pencils
 81

where they are least likely to interfere with the writing and should be as limited as
practicable and clearly recognized as such.

(h) Tracings of documents should never be resorted to. For purposes of record,
photography is the advisable and safe method.

203. All documents sent for examination should be packed and sealed in stout covers
or packings to avoid damage during transit. They should also be insured for a nominal
value of Rs.100/- to ensure extra precaution on the part of the postal authorities. A
forwarding letter listing out the documents sent for comparison and opinion, the
description of the documents and what exactly is required to be done by the Director,
Forensic Science Laboratory/G.E.Q.D. – should accompany the documents. The
forwarding letter should be sent in duplicate, as one copy is required to be exhibited in
Courts. It should also show which of the writings are questioned and which are
standard. The questioned writings should be carefully encircled with a colour pencil
without touching or crossing any part of it. Identifying marks such as Q1, Q2, Q3,
should be given for each of the items in question. The standard writings should also be
similarly enclosed and marked. The writings of one person should be marked seriatim
till all the writings in question are completed. If there is a separate body writing and a
signature, both should be separately marked for identification.

204. All papers should bear a distinguishing mark, such as A.B.C.

or (1), (2), (3). Any other writing on the document should be avoided. In cases of
letters sent together with their envelopes or covers, the envelopes should bear
a sub-mark or number to the letter it contained. Thus, if a letter is

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marked A, its covering envelope should be marked A.1. In the case of documents
already entered as Court exhibits, the Court marks will, of course be observed.

205. In stitching or stringing papers together, care should be taken not to mutilate any
written portions.
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206. In cases where opinion is required on, or the attention of the Examiner directed
only to the signature or a portion of the writing, the particular portion should be clearly
indicated by encircling it with a fine pencil line (black lead or red or blue chalk). Ink
marks should be avoided.

207. The encircling should be complete and more underlining and brackets avoided. If
there are other writings in juxtaposition, the dividing line should clearly exclude the
outside portions. Carelessness in this matter causes unnecessary increase of work,
and is apt to lead to mistakes. Special attention should be given in this matter in regard
to interpolations, additions and over-writings, and to signatures on bonds and on the
reverse of S.C. Notes where there are other signatures, endorsements and writings.

208. When selecting handwritings for comparison, writings made about the same
period as the documents in question should, as far as possible, be selected. This
should be done in case where already existing writings of the suspect or accused are
readily available, whether contained among correspondence or in books or registers.

209. When taking specimen handwritings of several suspected or accused

persons, the writing of each individual should be taken on separate sheets and
not on the same sheet. In cases where a person is required to give
several specimens on a separate paper, care should be taken to remove the
previously written slips from sight of the individual when he is writing the other
specimens. For the purposes of obtaining specimen handwritings, the matter
should preferably be dictated. When any lengthy piece of writing is dictated

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or given for copy, the actual time consumed in writing should be noted and also the kind
of pen used and the position of the paper while in the act of writing, i.e., whether laid on
a flat hard surface, or held across the palm, or placed across the thigh or in any other
position. The officer taking the specimen should state on it, the name of the writer,
together with the particulars above referred to, and mention the date of the writing. He
should also certify, on the same sheet, that the specimen was written in his presence.
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210. Admitted writings, if undated, should, if possible, bear on them a pencil entry
giving the probable date of writing, e.g. “said to have been written in February, 1984”.
In the same way, if the disputed document bears no date, the supposed or probable
date of writing, or the date of receipt, should be ascertained and noted.

211. When the writings of a suspected individual are required to be examined, his pen
and writing pad, if obtained should be sent. In such cases, a piece of paper, should be
gummed on to the pen handle containing the name of the writer and a similar label
affixed to the pad.

212. All the points on which opinion is required should be mentioned clearly and
specifically in the forwarding letter but the history of the case should never be narrated.

213. An abundant number of standard materials preferably not less than a dozen
specimens should be furnished to the G.E.Q.D. for proper comparison. All disputed or
questioned documents should be sent as far as possible in one list and not in parts. As
a general procedure, the Investigating Officer should submit two types of standard
writings:

(i) request writings of signatures written to dictation by suspects; preferably six dictated
copies of each item in question should be obtained; and

(ii) previous writings which are admittedly genuine writings or signatures written
in the ordinary course by the suspects.

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Whenever a signature occurs in a disputed document, a dozen or as many as possible,

suitable admittedly genuine signatures of the persons bearing the same name should
be sent. (By “admittedly genuine signature” is meant “existing signatures written before
the date of the disputed signatures”).
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214. Every effort should be made to obtain the previous writings as they are more
useful for comparison. Similar previous writings should also be obtained as far as
possible. For instance, if the signature on a cheque is questioned, admittedly genuine
signatures on previous cheques should be sent for comparison while taking request
writings also, they should as far as possible be got in exactly the same manner and
under the same conditions as in the case of the questioned documents. A particular
kind of writing in the questioned items should be the kind of writing in the request items
also. If block letters are used in the questioned writing, block letters should also be
used in the request writing. If possible, similar paper and ink should be used in the
request writing as in the original writing. However, the previous writing should not be
shown to the accused while taking request writing, and even when taking a second
request writing, the first request writing should be removed from his view. This is
necessary in order to prevent any deliberate attempt by the accused to disguise his
writing. The age of the writer, his names and any particular physical conditions likely to
effect the writing should be endorsed in each sheet by the officer obtaining request
writings and signed by him.

215. If and when opinion of an expert is sought on a disputed document, written

in a script unknown to him, copious material should be supplied to the expert
for comparison and check. This would enable him to claim competence to give opinion
in such cases with greater force. However in such cases, reliance should
not be laced entirely on the expert opinion. Corroborative evidence of witnesses, who

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might be acquainted with the handwriting of the accused, etc., should also be collected
to prove the disputed writings in the Court.

216. The number and date of the letter etc., of the G.E.Q.D. should always be quoted
while corresponding with him.
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217. While making a reference, all necessary material should be sent in the very first
instance. If some essential documents, samples or specimens are missing and cannot
be procured, this should be clearly indicated in the forwarding letter. This would obviate
further unnecessary reference from the G.E.Q.D. and thus avoid delay.

218. All security instructions must be carefully followed while dispatching and receiving
classified documents.

219. Requests for according priority or top-priority to cases by the G.E.Q.D. should be
routed through the Head office so that if and when necessary inter se priority amongst
cases of different ranges may be fixed.

220. In all cases in which an officer of the organization of the G.E.Q.D. is required to
give evidence in Court, an advance intimation about the date or dates on which his
evidence is required in court should be sent by the Investigating Officer direct to the
officer without waiting for the actual summons to be issued. While so doing, “Opinion
Nos. and dates” should also be mentioned. However, the Investigating Officer
concerned should ensure that summons are issued to the G.E.Q.D. atleast a fortnight in
advance.

221. To avoid embarrassment to the Examiners, the concern Investigating Officer may
ascertain from the Examiners the convenient dates on which it would be possible for
them to be present in the court as witnesses and Prosecuting Officers should be
instructed to request the Court to fix up the evidence of the Examiners on one of
these dates. If the Examiner is unable to attend because of his prior

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engagement in some other court, the Prosecuting Officer should place this information
before the Court and request for fixing up the evidence on some other date. Whenever
necessary, the Public Prosecutor should be instructed to make the court aware of the
fact that the officers of the G.E.Q.D. are hard pressed for time and have to travel all
over the State to tender evidence as witnesses and so, no warrants for them should be
issued.
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222. The dates of hearing in all cases wherein the G.E.Q.D. or his Assistant is to be
summoned for giving evidence should be so arranged as to ensure that his evidence is
taken up after the 15th of each month.

223. If the G.E.Q.D. or his assistant is summoned in two or more cases at the same
station, consecutive dates should be fixed in consultation with the court for hearing.
However, in cases which are hotly contested and contain too many exhibits, a two-day
interval would be suitable.

224. In cases where the questioned writings are forwarded by the audit office to the
G.E.O.D. direct at the request of the Investigating Officer, the standard writings for
comparison should be sent direct to the G.E.Q.D. by the Investigating Officer. This
should be done as soon as intimation regarding the dispatch of the questioned
documents to the G.E.Q.D. is received from the concerned audit office by the
Investigating Officer.

225. The G.E.Q.D. would be prepared to supply one set of prints to be exhibited by him
at the time of his evidence in court, at any time the Investigating Officer would like to
have it. As soon as it is decided to summon the G.E.Q.D. as a witness, he should be
requested to supply one set of prints which should be exhibited in court so that the
accused and his counsel may be able to inspect them before the G.E.Q.D. or his
Assistant tender his evidence.

226. When sending sealing wax impressions for examination, care should be taken in
its packing, so that the wax or lac is not broken in t ransit by post. A thin layer of

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cotton placed on either side of the portion containing the seal impression will afford safe
protection.

227. In case where the age of a document is in question, the greatest care should be
taken to guard the document from being handled or soiled and especially to protect it
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from finger and other marks on the written characters. In such cases, if the pen and ink
pot, said to have been used in the writing, are available, they should be sent.

228. In all cases where papers for examination are despatched to the examiner, they
should be sent, carefully packed, by registered letter or parcel post, to his official
address accompanied by a memorandum or letter stating:-

(a) the language of the writing;

(b) the number of exhibits sent, giving their distinguishing marks, and other necessary
particulars, indicating separately the documents in question i.e., those on which opinion
is sought and the admitted document with which comparison is to be made, these letters
being classified according to their respective writers;

(c) the question to the Examiner clearly and precisely put, in regard to the particular
writings or portions of writings on which opinion is desired.

(d) particulars of the case, such as title, number, date, name of the complainant and the
accused and section under which the charge is laid, together with any remarks as to the
circumstances of the writing and on any other matters or points on which the Examiner
should be informed.
(e) if a case has already been instituted, the date fixed for the next hearing with name of
court of trial.

229. A register should be maintained in each Range office for all references made to the
Director, Forensic Science Laboratory, Hyderabad/G.E.Q.D. Ramanthapur, Hyderabad.
The Joint Directors will check this register from time to time to ensure that references to
the Experts are being promptly and properly made and that there is not undue delay in
this regard.

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CHAPTER – XII

EXPERT TECHNICAL ASSISTANCE AVAILABLE TO THE BUREAU

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230. At the head quarters of the Bureau, the following expert technical assistance is
available.

(1) Deputy Director (Engineering);

(2) Deputy Director (Forests);
(3) Deputy Director (Revenue);
(4) Assistant Director (Commercial Taxes); and
(5) Accounts Officer/Chartered Accountant.

231. Before an enquiry relating to a department, connected with Engineering, Forests,

Revenue or Commercial Taxes, is sent to a range Dy. Supdt. of Police for conducting
enquiry, the concerned Technical Officer at the headquarters will go through the
available papers and prepare a brief about rules and regulations involved in the enquiry
and what the IO should look for in the enquiry. Specialist officers will also make a note
on these enquiries, so that they may keep track of them.

232. During the actual conduct of the enquiry, the I.Os should consult the
concerned Assistant Director / Deputy Director on all technical matters
connected with the enquiry pertaining to the departments and they may
even request their assistance in the field, where necessary. Where
spot inspections are done by the IO and panchanamas are drafted and
samples taken for check wherever necessary, it would be desirable for the I.Os
to have the technical Deputy Directors/Assistant Directors with them. The Technical
Officers from the Engineering side will work out details of the cost of
constructions, buildings etc., on the basis of the standard rates which prevailed in
the relevant years in which they were constructed. The Deputy Director (Revenue)

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and Assistant Director (Commercial Taxes) who are trained in working out
disproportionate assets cases will assist I.Os in such enquiries.
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233. The draft final reports when received from the Ranges will be scrutinized at the
headquarters by the concerned Assistant Director/Deputy Director and then put up to the
Joint Director/Director. During the enquiry/ trial of cases pertaining to important
enquiries concerning their departments, the concerned Assistant Directors, Deputy
Directors will help the I.Os and prosecutors, in the successful conduct of the trial /
enquiry.

234. The expert / Technical Officers attached to the Bureau from the Engineering,
Revenue and Commercial Taxes, Forest Departments, are also to gather intelligence
about modes of corruption and corrupt officers in their respective departments and
furnish this information to the Director for suitable follow up action. It is also necessary
for them to study the rules, regulations and procedures of their respective departments
and suggest suitable changes wherever necessary, especially when due to lacunae or
ambiguities in these rules, regulations etc., they are found to be in conflict with
administrative interest, or aid corrupt practices as found during the conduct of enquiries
by the A.C.B.

235. In addition to expert assistance available at the Headquarters of the Bureau, the
Government have permitted the Anti-Corruption Bureau to take all other assistance
available from experts, in the conduct of enquiries/investigations, wherever necessary
(Government Memo.No.2004/S.C.C./62, General Administration (S.C.C) Department,
dated 3rd October, 1962).

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ENGINEERING RESEARCH DEPARTMENT, RED HILLS, HYDERABAD.

236. The facilities available at the Engineering Research Department are as follows:-

(i) Engineering materials Laboratory – Testing of materials used in Engineering

construction with the exception of soils.

(ii) Soils Mechanics Laboratory – Testing of soils in connection with earth dams, canal
banks, highway embankments and foundation of structures.

(iii) Physical and Chemical Laboratory – Physical and Chemical testing of building
materials.

Note:-
(1) The department does not undertake tests of paints, rubber, glass, leather and wood.

(2) Test can be undertaken only with the permission of the Andhra Pradesh Government.

(3) It is advisable to ascertain before hand whether a particular test can be undertaken.

(4) Rates of charges should be ascertained from the Director.

237. It is possible that in a particular enquiry, there is need to consult an expert not
listed above. In such cases, the matter should be brought to the notice of the Director so
that special sanction could be obtained from the Government.

238. Sanction for the fees payable to the experts is obtained from the Government by
the Director in each individual case.

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 94

CHAPTER – XIII
DEPARTMENTAL ACTION
 95

239. Departmental action, pursuant to an enquiry by the Anti-Corruption Bureau arises in

the following circumstances:-

(a) On completion of a R.E. or R.C. placing officers on their defence before the T.D.P.
may be suggested against those drawing basic pay of Rs.600/- and above or such a
basic pay as may be prescribed from time to time, if the allegations held proved against
those officers relate to criminal misconduct. In the case of officers drawing basic pay
below Rs.600/- or as may be prescribed from time to time, if the allegations held proved
against those officers relate to criminal misconduct. In the case of officers drawing basic
pay below Rs.600/- or as may be prescribed from time to time, they can be placed on
their defence before the T.D.P. if they are involved jointly with other officer/officers
drawing basic pay of Rs.600/- and above per month or referred to the department
concerned for taking departmental action (G.O.Ms.No.718, G.A. (Ser.A) Department,
dated 8th October, 1976).

(b) On completion of a R.E./R.C by the A.C.B., an enquiry under the Andhra Pradesh
Civil Services (Classification, Control & Appeal) Rules may be suggested to be
conducted by the department itself. This arises for those drawing basic pay of less than
Rs.600/- or as may be prescribed from time to time as at (a) above. The enquiry may be
conducted by the Department itself even in cases of officers drawing basic pay of
Rs.600/- and above or such a basic pay as may be prescribed from time to time, when
the allegations held proved against them relate to irregularities, violation of departmental
rules etc., which do not fall under “criminal misconduct”.

240. There is no constitutional bar to the holding of a Departmental Enquiry on the

termination of the criminal proceedings against the accused officer if the departmental

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enquiry is not held on the same charge and facts on which he was acquitted by the
court. (vide AIR 1964 Supreme Court 72).

241. The following points should be borne in mind in all cases of departmental action:-

(1) Departmental action where suggested against officers of All India Services, is
normally conducted through an authority constituted for the purpose under rule 3 (2) of
the All India Services (Disciplinary & Appeal) Rules or under the provisions of Public
Servants (Inquiries) Act 1950. Under Rule 8 (6) (c) of the All India Services (Disciplinary
& Appeal) Rules, the Government may also appoint a Government Servant or a legal
practitioner as a ‘Presenting Officer’ for conducting the case. Generally, the Director of
Prosecutions or Additional Director of Prosecutions is nominated as the Presenting
Officer.

(2) Provisions of the Indian Evidence Act are generally not applicable to departmental
enquiries. They are governed by rules of natural justice (AIR 1955 Calcutta P.183).

(3) When the Government order disciplinary action on the basis of an enquiry report of
the Anti-Corruption Bureau, the ACB Inspector, who investigated the case shall assist
the Enquiry Officer in holding the enquiry and marshalling the evidence
(G.O.Ms.No.1081, G.A. (Ser.C) Department, dated 28th September, 1964). The Director,
Anti-Corruption Bureau may direct another Inspector to assist the Enquiry Officer if the
investigating Officer is not available or is otherwise busy.

(4) Statements of witnesses recorded by the Anti-Corruption Bureau can be brought on

record during the departmental enquiry, if the witnesses admit them to be correct. The
delinquent officer concerned should thereafter be allowed to cross-
examine the witnesses. When, as a consequence of procedural or technical
irregularities, a de novo departmental enquiry is to be conducted, it is open

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to the Enquiry Officer to allow the witness to refresh his memory in terms of section 159
of the Indian Evidence Act with the help of his earlier statement or to have it filed as an
exhibit to corroborate or contradict his testimony at the de novo enquiry. In appropriate
cases, where the enquiry officer considers that the earlier statement is true, it can be
treated as substantive evidence in the de novo enquiry for all purposes, subject to the
provisions of the Indian Evidence Act.

(5) Only Part-‘B’ reports of the ACB contain relevant material against the public servants
and they are sent to the Enquiry Officers by the Government to enable them to frame
charges, adduce appropriate evidence and chalk out the line of conducting the enquiry.
Part-B report being a confidential document, the enquiry officers should not furnish it to
the delinquent officer. The enquiry Officer should avoid making any reference to the
Anti-Corruption Bureau, in the communication sent to the delinquent Officer during the
departmental enquiry.

242. Draft charges, statements of allegations and lists of witnesses and documents in
support of the charge will be sent by the TDP or departmental authority. The enquiry
officer can also make use of the said statements to contradict the witnesses, if they turn
hostile (Govt. Memo.No.864/ 63-5, G.A. (Ser.D) Department, dated 1st October, 1963).

(6) The ACB should continuously watch the progress made in disciplinary proceedings
in the departmental enquiries arising out of ACB enquiries. As soon as the Director
informs the Inspector concerned about a case having been referred for departmental
action, it will be the duty of the latter to follow up with the enquiry officer for expeditious
disposal of the departmental enquiry. Inordinate delay in holding the departmental
enquiry may be reported to the Director, Anti-Corruption Bureau for taking up the matter
with the Government or other appropriate authority (A.C.B. Head Office Circular
No.111/S1/68, dated 18th October, 1968).

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(7) When a departmental enquiry is finally disposed of and the punishment awarded to
the accused officer is considered inadequate, the Director, ACB may take up the matter
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with the reviewing authority for enhancement of punishment where it is deemed

necessary (Rule 24 of Andhra Pradesh Civil Services (Classification, Control and
Appeal ) Rules.

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CHAPTER – XIV
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INSTRUCTIONS REGARDING SUBMISSION OF CONVICTIONS AND ACQUITTAL

REPORTS, OBTAINING COPIES OF JUDGEMENTS AND FILING OF APPEALS,
REVISIONS ETC.

243. As soon as possible after judgment is pronounced in a case of the Anti-

Corruption Bureau by the Special Judge for SPE and ACB Cases, the Legal Adviser-
cum-Special Public Prosecutor, Anti-Corruption Bureau concerned shall send
conviction/acquittal/discharge report to the Head Office by a Special Messenger. The
Head Office in turn will inform the same to the concerned Secretary to Government in
the Secretariat marking copies to the Chief Secretary to Government, and Head of the
Department to which the Accused Officer belongs.

244. A Register of Acquittals, convictions and discharge shall be maintained by the

Legal Adviser-cum-Special Public Prosecutor, Anti-Corruption Bureau. There should be
separate pages in the Register for each Prosecutor and all cases conducted by one
Prosecutor in the portion allotted to him. Action, if any, taken against the Investigating
Officer or Prosecuting Officer for any defect in investigation or prosecution, which led to
the acquittal or discharge should also be indicated in the Register.

245. The instruction contained in the above para regarding transmission of

conviction/acquittal/discharge reports will apply not only to the disposal in the first court
of trial (Special Courts) but also to judgments of the High Court and Supreme Court. To
enable the concerned to check, if necessary, that action in this regard has been taken,
there should also be a column in the Register in which the number and date of the letter
in which the result of appeal is intimated to the department and other concerned, should
be noted.

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246. In all cases ending in conviction/acquittal/discharge, a copy of the judgment will be

obtained as soon as possible by the concerned Legal Adviser-cum-Special Public
Prosecutor for examination. Copies of judgements in S.P.E. and A.C.B. Cases can be
obtained free of cost, by the Public Prosecutors and sent to the Head Office without any
delay with their detailed remarks in cases of acquittals discharge, so that a copy of the
same can be sent to the department concerned in the Government immediately to file
an appeal in the High Court, within the limitation period.

247. In respect of the High Court of Andhra Pradesh, the Public Prosecutor, Standing
Counsel will file appeals on behalf of Government and after hearing, he will obtain
copies of judgement and furnish to Government and the Anti-Corruption Bureau with his
remarks. The Standing Counsel for the ACB in the High Court of Andhra Pradesh shall
obtain copies of judgement without delay. He will also maintain a Register of the cases
which are pending in the High Court in respect of the cases either filed on behalf of the
Government or by the Accused Officers convicted in the Special Courts. He shall
promptly apply for specified copies of judgement. This matter has to be attended to with
care and attention.

248. The legal Adviser-cum-Special Public Prosecutor and Retainer Counsel should
scrutinize and examine the judgment with reference to the following points:-

(i) Whether the sentence is adequate or inadequate;

(ii) Whether revision for enhancement of sentence is to be filed;

(iii) whether acquittal or discharge is justifiable;

(iv) Whether there is a case for filing an appeal against acquittal or discharge.

249. While analyzing the administrative procedures in order to minimize the scope of
corruption, a study and analysis of vigilance cases in courts reveal very useful

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Information regarding the loopholes in rules and procedures which provide scope for
abuse of authority. A Vigilance case should not be treated as closed until this scrutiny
and analysis is over. The scrutiny should examine whether the rules and regulations
prescribed are adhered to in practice and weather effective steps are required to be
taken to prevent lapses, if any, where they occur. The Head Office should intimate to
the Department concerned /Chief Secretary the result of scrutiny of court cases for follow
up action. The Government are required to issue suitable instructions to the concerned
and send a copy of their instructions to the Anti-Corruption Bureau.

250. While examining an acquittal judgment, regard should be had to the principles
enunciated by various High Courts and the Supreme Court regarding the scope and
power of the Appellate Court to interfere with an acquittal in exercise of its powers under
section 373 Cr.P.C. The following factors should be taken into consideration before
recommending an appeal.

(a) Views of the Trial Court as to the credibility of the witnesses;

(b) Slowness of the Appellate Court in disturbing findings of fact recorded by the Trial

Court which had the advantage of seeing and hearing the witnesses;

(c) Presumption of innocence in favour of the accused confirmed by the acquittal; and
(d) Right of the accused to the benefit of doubt.

251. Normally, the High Courts do not interfere with orders of the lower courts in
exercise of their revisional powers under section 432 Cr.P.C. except in exceptional
cases of real and substantial injustice. Consequently, a revision application for
enhancement of the sentence should not be made, having due regard to the part played
by the accused in the commission of the offence. Similarly, filing of revision applications
in interlocutory matters should not be resorted to unless there is some substantial
question of law involved or, the impugned order, if allowed to stand, is likely to have far-
reaching consequences.

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252. Proper care should be taken of the progress made in an appeal filed by an
accused against his conviction in the High Court. The following instructions may be
carefully complied with:

(i) Daily Cause List of cases heard in the High Court should be carefully perused by the
Public Prosecutor/Retainer Counsel.

(ii) The Legal Adviser-cum-Special Public Prosecutors/Retainer Counsel should keep

up-to-date the conviction Register of the A.C.B. The Additional Director will check the
Register quarterly.

253. In order to pursue more effectively ACB cases coming up in the Supreme Court,
the Government should direct the Advocate on record of the Supreme Court about filing
of appeal in Supreme Court, under intimation to the Anti-Corruption Bureau. The
Advocate may also be instructed by the Government for watching progress in pending
matters and ensuring that all the cases have been included duly in the list.

254. Whenever a case ends in acquittal or discharge, a report shall be sent by the
Advocate on record to Government along with a copy of judgement. The report should
clearly show what the reasons are for acquittal or discharge and whether there are any
defects or negligence in investigation or in prosecution which led to the unsatisfactory
result. Adverse remarks regarding investigation or prosecution should also be clearly
mentioned. The Government in turn will furnish the same to the Director, Anti-Corruption
Bureau for taking further action in the matter.

255. All cases should be treated as closed only when no action is pending by way of
appeal or revision. In cases which fail in the Special Court and in which no appeal or
revision is considered necessary, it should be examined whether departmental action
can be recommended.

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256. Where appeal or revision is recommended, action should not be held up for want
of a certified copy of the judgement. Such comments should be given immediately on an
uncertified copy of the judgement and forwarded to the Head Office in time. A certified
copy of the judgment should be sent thereafter as soon as it is obtained.

257. The following procedure shall be followed in respect of all adverse remarks,
strictures or criticism found in judgments of Courts in ACB Cases.

258. The Joint Directors incharge of Regions will carefully go through judgments and
such records of the case as may be necessary including the documents and records of
the case and of the Court. They will then consider whether any further action is called
for in respect of any adverse remark, stricture or criticism made by the court and whether
it is necessary to obtain the explanation or comments of any I.O./D.S.P. concerned.
After obtaining such explanations or clarifications as may be necessary, they should
consider whether the I.O. or D.S.P. concerned is at fault and, if so, what further action
needs to be taken. The Joint Director will then submit his report to the Head Office for
initiating further action accordingly and deal with and punish those of their subordinate
officers whom they find to have been at fault.

259. Irrespective of their own views on the judgements pronounced by Courts, the Joint
Director concerned and the Chief Legal Officer in Head Office will send, along with a
complete copy of the judgement, a full report to the Head Office in every case in which
an adverse remark or criticism has been passed by a court of law. This report should be
clear and sufficiently detailed and should generally be in the following form:-

(i) Each adverse remark should be reproduced in extense and a serial number given to
it for facility of reference;

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(ii) Each remark should then be analysed and discussed, one after the other;
(iii) The material and the arguments on which each remark is based should be
mentioned;
(iv) Any relevant material that might not have been brought to the notice of the court or
overlooked or ignored should be mentioned;
(v) The explanation of those concerned should be given;
(vi) All points, for and against the remarks, should be discussed and the views and
conclusions of the Joint Director and Chief Legal Adviser be recorded;
(vii) Action, if any, taken or proposed to be taken by the Joint Director/Legal Officer/Chief
Legal Officer should be mentioned at the end of the report.

260. If the adverse remarks are passed in the course of a judgment of acquittal or
discharge, the scrutiny and detailed report on the adverse remarks must not hold up or
delay the report on the merits of the acquittal or discharge. That report must be sent
promptly and the report on the adverse remarks can be sent later, but a reference to that
should be made in the first report also.

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CHAPTER –XV

DUTIES AND FUNCTIONS OF THE STAFF OF HEAD OFFICE.

261. The Directorate of Anti-Corruption Bureau has two distinct wings – namely (1) The
Administration Branch and (2) The Special Branch.

262. The Administration Branch is divided into two sections – (a)

Establishment Section otherwise known as ‘A’ Section, and (b) Accounts and Audit
Section otherwise known as ‘B; Section.

263. The Establishment Section consists of one Office Superintendent, 2 Senior

Assistants, one Junior Assistant and a Typist.

This Section deals with the following subjects:-

1. All service matters of confidential nature including recommendation rolls for Medals
and Awards.
2. Implementation of Inspections of offices by all officers, Manual Orders and orders of
Government issued from time to time on establishment matters.
3. Maintenance of long rolls, S.Bs & S.Rs.
4. Correspondence relating to pay and allowances and increments.
5. Leave.
6. Pensions.
7. Filling up of newly created posts as well as vacancies arising in the normal course due
to retirements, transfers, promotions and other factors, postings, transfers, watching the
progress regarding filling up of vacancies of all ranks in the Bureau and preparation of
panels of officers of various cadres.
8. All disciplinary matters.

9. Proposals for additional staff, submission of proposals for renewals of sanction of staff
etc.,

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10. Welfare activities.

11. Stores.
12. Maintenance of records & Identity cards.
13. Destruction of records.
14. Motor Vehicles and all related correspondence.
15. All other matters relating to Establishment.

264. (i) The Accounts and Audit Section consists of one Office Superintendent, one
Accountant, 2 Senior Assistants, 1 Junior Assistant and 1 Typist.

(ii) This section deals with the following subjects:-

1. All accounts matters, implementation of Government instructions issued from

time to time in Accounts matters and the instructions contained in the Inspection Manual.
2. Budget preparation – All budgetary matters and correspondence.
3. Compliance reports on various Audit reports.
4. Maintenance of main U.D.P.R. and subsidiary cash books
5. Dealing with cash transactions, and cash chest.
6. Preparation of pay bills of all ranks including supplementary pay bills of Head
Office staff members.
7. Maintenance of F.C. Challan Register.
8. G.P.F. Insurance, C.D and other advances.
9. Reconciliations.
10. All matters relating to Compulsory Deposit Scheme 1974.
11. All T.A. bills and related correspondence.
12. Tour Advances – Recoupment etc.,
13. Maintenance of contingent register and preparation of contingent bills, and
related correspondence.
14. Bus and Railway Warrants.
15. Telephones.
16. Rents, Rates and Taxes.
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17. S.R. Expenditure under S.S.E.

18. Training Courses.
19. Inward and Outward work and miscellaneous correspondence.

(iii) The following Registers will be maintained in the Administration Branch:

1. Inward Register.
2. Outward Register.
3. Attendance Register.
4. Casual Leave Register.
5. Long Roll Register.
6. Register of Service Books.
7. Personal Registers by each Assistant.
8. T.A. Check Register.
9. Tour Advance Register.
10. Permanent Advance Register.
11. Pay Bills Register

12. Festival Advance Register.

13. Undisbursed Pay Register.

14. House Building Advance Register.
15. Motor Cycle and Cycle Advance Register.
16. Marriage Advance Register.
17. Treasury Bill Book.
18. Appropriation Register.
19. Register of Contingencies.
20. Increment Register.
21. Stationery Articles Stock Register.
22. Register of Printed Books.
23. Register of Furniture etc.
24. Local Tappal Register.
25. Pay Bills Schedule File.
26. Log Books.
27. Register showing repairs, replacements and spare parts etc.,
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28. Register showing the cost of petrol, oil etc.,

29. P.R. Register
30. S.R. Amounts Register.
31. M.O. Register.
32. Stock Register of Unserviceable Articles.
33. Trunk Calls Register.

265. Both the above sections will strictly follow the instructions contained in the District
Office Manual in the maintenance of files, registers, office system etc.

SPECIAL BRANCH
266. The Special Branch deals with all petitions, enquiries and investigations,
maintenance of records, research, planning, indexing etc.

267. This Branch is divided into two sections – one is supervised by Manager-I and the
other by Manager-II. There are 5 S.B. Clerks in each section.

268. In addition, the Managers will personally maintain Master Register such as
Discreet Enquiries Register, Regular Enquiries Register and Registered Cases
Register, besides Trap Permission Registers and Source Information Registers in
respect of the seats of S.B. Clerks working under them. The S.B Managers will
maintain consolidated information in the said Master Registers after collecting the
information from the registers maintained by the S.B. Clerks working under them, so as
to facilitate quick references as also for statistical purposes. The S.B. Clerks shall
maintain the following Registers:

1. Personal Register.
2. Petitions Register, including Discreet Enquiries
3. Regular Enquiries Register.
4. Registered Cases Register.
5. Register showing enquiries referred to the Departmental Authorities for taking
departmental action and enquiries referred to the Tribunal for Disciplinary Proceedings,
Hyderabad.
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6. Court Cases Register showing Appeals and Disposals

7. Files Movement Register.

269. The Periodical returns Register will be maintained by the Manager-II, who will see
that the periodical returns and statements are sent in time.

270. The Joint Directors should inspect the seats under their charge in the Secret
Branch once in every 6 months and inspect at least one seat every quarter. The Deputy
Director (Admn) will inspect 2 seats in every quarter in the Administration Branch
consisting of Establishment Section and Accounts and Audit Section.

271. Three copies of Inspection Notes have to be made out; one copy to be maintained
by the S.B. Clerk or Senior Assistant in a folder, the second copy to be kept with the
Joint Director concerned and the third copy to be routed to the Director through the
Additional Director. Compliance of the instructions contained in the Inspection Note as
well as of directions if any of the Additional Director and Director will be reported on the
basis of remarks made on this copy of the Inspection Note. After it is seen by the
Additional Director and Director, this copy of the Inspection Note will also be filed in the
Inspection Notes Folder.

272. The S.B. Clerks will furnish a copy of punishment Memos in all cases to the
Research & Planning Cell, where a file will be maintained for reference and use in
preparation of Half-yearly and yearly reports etc.,

273. S.B. Managers – I and II, will conduct inspection of seats in their charge once in
two months regularly and submit their Inspection Reports to the Director through the
Additional Director.

274. The Managers should also make surprise checks of the seats of the concerned
S.B. Clerks to ensure that all the currents are attended to promptly and registers and
files are maintained properly.

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275. After the abstracts are prepared every month by the S.B. Clerks, the Managers
will check whether all currents have been properly registered and the abstracts are
prepared correctly.

276. Copies of judgements in the cases of acquittals should be sent to the S.B. Clerk
incharge of Records & Indexing Section who will go into the reasons for acquittals in
detail in consultation with the Legal adviser, prepare notes for each case and submit
them through the Joint Director concerned to the Additional Director and the Director
for information and further orders. After perusal by the officers, where necessary, the
Records & Indexing Section will issue circular instructions to all officers of the Anti-
Corruption Bureau periodically.

RESEARCH & PLANNING CELL

277. This Cell deals with the following subjects :-

(i) Matters relating to organisation, policy, and procedure

(ii) Appreciation reports about modes of corruption.

(iii) Special programmes of work, study of various types of cases and various
departments etc.

(iv) All correspondence and general questions relating to policy, Procedures etc.

(v) Vigilance and Security in the Anti-Corruption Bureau.

(vi) Periodicals viz., Monthly and Half – yearly, special and Annual Reports regarding
working of the Anti-Corruption Bureau and various statistics.

(vii) Issue of Instructions and Circulars to officers of A.C.B. on various matters

pertaining to Crime work
(viii) Publicity and Public Relations.
(ix) All work relating to the Annual Programme of work of the Anti-Corruption Bureau.
(x) C.B.I. Conference.
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278. Besides dealing with all general matters relating to policy, procedure, organisation,
statistical returns as mentioned above, this cell also attends to preparation of
appreciation reports regarding modes of corruption in various Government Departments
and State Government undertakings and preparation of notes for taking steps for
eradication of corruption in Government Departments etc., compilation and
maintenance of lists of notoriously corrupt officers, revision of A.C.B. Manual,
preparation of such other notes and reviews on general matters as may be required,
compilation of list of A.C.B. Officers of doubtful integrity, keeping watch over security
arrangements in A.C.B. Head Office, Range Offices and District Offices, scrutiny of
Reports of the Comptroller and Auditor-General of India in respect of State Government
Undertakings of Andhra Pradesh, and other Audit Reports, all work relating to the
Annual Programme of work of A.C.B. etc.,

279. This section will be under the charge of Manager, who will be responsible for the
work and efficiency of this section and also Records & Indexing Section. He will work
under the supervision of a Joint Director and the Additional Director and Director. The
Joint Director will be directly responsible for arrangements to be made for Conferences
and monthly and quarterly meetings. He will also assist the Additional Director and
Director in supervising and co-ordinating the programme of work of A.C.B. regarding
Vigilance and Anti-Corruption and will arrange High level Vigilance co-ordination
Meetings between the Director, A.C.B. and important Heads of Departments/State
Government Undertakings. He will keep the Director and Additional Director informed
of all matters of interest or importance relating to his work.

RECORDS & INDEXING

280. The Records & Indexing Section will deal with the following subjects :-

(i) Maintenance of Old Files and Records relating to S.B. Sections and Maintenance of
Registers.

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(ii) Indexing of all enquiries Discreet Enquiries, Preliminary Enquiries, Regular Enquiries
and Registered Cases.
(iii) Monthly and Quarterly meetings, etc., and communication of Proceedings.
(iv) Study of Judgment copies to find out defects and lapses in the
investigation/enquiries and observations of Special Judges etc., and submission of
Notes to the Legal Adviser, Anti-Corruption Bureau for analysis.

(v) Annual Conferences etc.,

(vi) Maintenance of old Files and Records relating to S.B. Sections and Maintenance of
Registers.

281. After disposal of enquiries, the concerned S.B. Clerk will send the file and relevant
records if any to the Record Section duly giving page numbers etc., through the
Manager concerned and obtain signature of the Record Assistant. The S.B. Clerk will
make entry in the Register of Files closed and in the Register of Records and keep
them at the appropriate places with the assistance of the Record Assistant. The
records should be arranged as per the instructions mentioned under Head “Chapter-
XIII of Records” of the District Office Manual.

282. Records should be destroyed punctually after the expiry of periods prescribed in
the Government Memorandum No. 2226/SCD/77-2, General Administration (SC.D)
department, dated 10th March, 1980.

(ii) Indexing of all enquiries – Discreet Enquiries, Preliminary Enquiries, Regular

Enquiries and Registered Cases.

283. The object of the Index Section is to build up a store house of information
regarding public servants and such other persons/firms/concerns etc., as were involved
in offences investigated by the Anti-Corruption Bureau : or in respect of whom Index
Cards are required to be maintained, and to supply such information to the Investigating
Officers for the purpose of their location and identification.

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284. The Incharge of Index Section shall :-

(a) Prepare and maintain uptodate index cards in respect of public servants, other
persons/firms/concerns etc.,
(b) Prepare and revise lists of the individuals or firms/concerns banned or debarred
either under the standardized codes or under the Import Trade Control Orders, 1955.
285. Index Cards are maintained for all persons, firms etc., involved in D.Es., R.Es.,
and Registered Cases from the year, 1961 onwards and also in those R.Cs. and R.Es.
of previous years in which investigation, trial or departmental action was concluded after
the year, 1961.

286. The cards will be prepared and maintained under the appropriate categories and
they will be arranged alphabetically under each category. Index Cards shall be
maintained in this section for :

(a) Public Servants, except Class-IV Employees.

(b) Private Persons/parties/concerns etc., involved in A.C.B. Cases along with public
servants.
(c) Public Servants of State Government undertakings, Corporations, Boards etc.,
(d) Private persons/firms/concerns etc., who are banned or debarred from business,
either under the standardized codes or under the Import Trade Control Order, 1955.
(e) Persons or parties who are in the habit of sending complaints or giving information
and against whom there is reasonable suspicion that they are indulging in black mailing
or who are suspected of deriving undue advantage.
(f) Private Detective Agencies, whether run individually or jointly.

287. The cards against Public Servants shall contain the following items :-
1. Name of the Officer & Aliases
2. Parentage.

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3. Date of birth
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4. Date of entry into Government Service

5. Designation
6. References
7. Information

288. The cards for private persons shall contain the following columns:-
1. Name of the individual and Aliases
2. Parentage
3. Date of birth/Age
4. Official or Business address
5. Residential Address
6. Permanent Home Address
7. References
8. Information
289. The name cards for firms/concerns/organisations/ societies shall contain the
following information :-
1. Name
2. Address
3. Allied concerns
4. Managing Director/Proprietor/Partners
5. No. of D.E/PE/RE/RC with date of registration
6. Information/Nature of allegations in brief

Note:- Information means the information received or the allegations mentioned in the
F.I.R. shall be recorded.

290. The final orders passed regarding the disposal of the case as well as the result of
the trial or departmental action shall be noted on the index cards. The results will be
noted by using brief nomenclatures such as conviction, acquittal, discharge, dismissal,
removal or reduction etc., mentioning the reference of the department.

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291. As soon as a D.E. or R.E. or R.C. is registered, the S.B. Clerk incharge of this
section shall collect the particulars from the concerned Register and open the Index
card with available information. After completion of the enquiry, all columns have to be
filled in.

292. The S.B. Clerk should furnish a note fortnightly that he has collected all
information from the Registers of D.Es., R.Es and R.Cs and opened the Index Cards.
He shall also submit a note that he had filled in other details in the Index Cards after
submission of final reports to Government and after receipt of final orders in the
enquiries/R.Cs. The Manager in-charge will check up this aspect periodically, and give
a report to the superiors to the effect that the Index Cards are prepared and completed
in all respects to the extent possible.

293. Whenever any information is required form the Index Section, a requisition has to
be issued. A record of requisitions will be maintained year-wise by the Index Section
as well as by the Requisitioning Officer. All requisitions should be attended to
systematically.

294. The Index card for a public servant shall be maintained till the date of his leaving
service. Similarly Index cards for firms/private persons etc., shall be maintained for 10
years from the date of last decision or till the closure of firms or death of persons.
Weeding out of index cards in this manner shall be done once in a year. Whenever
cards are destroyed, the fact of destruction should be entered in the Index Cards
Register and initialled in each case by the Manager.

295. The Manager will exercise close supervision and control over the Index Section.
He will check some cards and files periodically to ensure that the work is being done
correctly and promptly.

296. The Joint Director concerned will inspect the work of the Section once in a half
year and submit a report.

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(iii) Quarterly, Half-yearly and Annual Meetings etc., and communication of the
Proceedings.

297. The S.B. Clerk will communicate the date of Quarterly, and Half-yearly Meetings
and Annual Conference to all the concerned well in advance. After receipt of subjects
from the officers, Agenda will be prepared for Quarterly & Half-yearly Meetings/Annual
Conference and communicated to all concerned well in advance of the
Meetings/Conference. He will also prepare draft proceedings after the
meetings/conference and submit to the Director, A.C.B. through the concerned. After
the approval of the draft, fair copies will be made and communicated to all the
concerned officers of A.C.B. Follow-up action in pursuance of the decisions taken in the
meetings/conference will be taken whenever necessary.

(iv) Study of Judgement copies to find out defects and lapses in the
investigation/enquiries and observations of Special judges etc., and submission of
Notes to the legal Adviser-cum-Spl. Public Prosecutor, A.C.B., Hyderabad for analysis.

298. All S.B. Clerks, on receipt of copies of Judgments of either Special Courts, or High
Court of Supreme Court, should mark a copy of Judgement to the Records and Indexing
Section forthwith. The S.B. Clerk will go through the copy of Judgement in detail and
submit his report to the Legal Adviser-cum-Special Public Prosecutor meant for this
purpose along with copy of judgment for analysis. On the basis of analysis of
judgements by Legal Officer in acquittal cases, particularly pointing out lapses or
defects in investigation or other legal aspects, the S.B. Clerk will submit a draft circular
to be sent to all I.Os for approval of the Director so that the I.Os may try to avoid similar
lapses, omissions or commissions in future.

299. The Joint Director incharge of R.P.C. and Records & Indexing Section will also
exercise supervision and control over all items of work of the section.

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CHAPTER XVI

PUBLICITY

300. Prompt publicity in respect of cases/enquiries of the Anti-Corruption Bureau

resulting in conviction or departmental punishment and such other successful
operations of the Anti-Corruption Bureau as indicated in the following paragraphs is
essential and should be done by releasing to the press carefully vetted information
about them.

301. Publicity through Press communiqués can be made on the following occasions:-

(i) Successful search or laying of a trap;

(ii) Actual filing of a charge-sheet in a Special Court;

(iii) Conviction in a Court of Law cases in which substantial sentences of imprisonment

or heavy fines have been imposed.

(iv) Departmental punishment-cases in which orders for dismissal or removal from

service have been passed as a result of disciplinary proceedings.
302. Any release to the press must be made only by the Director.

303. The Press communiqué should ordinarily give the name of the accused person
(where permissible), his designation, the sentence or punishment awarded to him, and
thereafter the charges proved should be mentioned. Any other points of interest might
later be mentioned e.g., heavy amount involved in an embezzlement, heavy amount
taken as bribe, value of goods forfeited by the Special Court etc., various tactics
adopted by the accused to delay the trial should be mentioned. The Press communiqué
should end by saying that the case was investigated by the (Name of the Range).

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304. Where a case is registered or an arrest is made or a search is carried out and
something substantial is found, there should be no objection to publicity being given of
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the person involved, the department to which he belongs and the nature of the
allegations but no name need be given.

305. Information of searches and seizures should be promptly communicated by the

concerned Range Officers to the Head Office so that the information may be furnished
to the Press without loss of time.

306. When cases are taken to a Special court against an officer, publicity may be
given, as soon as the case is put in the court, regarding the nature of the offence and
the designation of the officer. The name of the officer should not be published.

307. In cases in which officers are prosecuted in a court of law and convicted, the main
facts of the case and relevant details of the cases should be given as also the name
and designation of the officer, and the sentence awarded.

308. In cases which are not taken to a court, but in which only departmental action is
taken, no publicity should be given till the conclusion of such proceedings.

309. In disciplinary cases not ending in a major punishment, publicity may be given
regarding the designation of the officers, details of the cases and the punishment
awarded to them. In no case, should the names be published.

310. In disciplinary cases ending in a major punishment like dismissal, removal or

compulsory retirement, the name, designation, department and all other particulars
should be published. However, no publicity should be given to the name of the officer
reduced in rank as the person concerned will be still in service.

311. Publicity in respect of persons convicted or on whom major punishments are

inflicted should be done periodically over the Radio, T.V. and in the Press, even by way
of paid advertisements, under the caption “Do you Know”? “Corruption does not pay”
etc.,

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LEGAL ASSISTANCE FOR THE BUREAU

312. Legal assistance is available to the Bureau in the form of Chief Legal Adviser,
Special Public Prosecutors, and the Director and the Addl. Director of Prosecutions,
who are all Legal Advisers to the Director, besides the Standing Counsel for the High
Court.

313. The Special Public Prosecutors are incharge of prosecution of A.C.B. cases in the
Courts of Special Judges for A.C.B. cases (G.O.Rt.No.242, G.A. (SC-D) Dept., dated
27th February, 1969).

314. Legal Advisers furnish written opinion in respect of all regular enquiries and regular
cases on receipt of final report part-I from D.S.P. of the Range concerned. Then
opinion will be attached to the final reports and sent to the Government with the report
of the Director. In cases where there are lacunae in investigation which require further
investigation, the Legal Adviser advises the Director accordingly and the Director
arranges for further investigation. The Legal Officers should not depend entirely on the
final report of the Investigating Officer nor base their comments only on what is stated
therein. They should examine case diaries, material documents, exhibits etc., before
offering their comments. They will be held responsible for the points mentioned by
them in their comments.

315. In case where criminal prosecution is to be launched, the legal officer, who gave
the final report Part-II, should scrutinize the charge sheets and ensure that ---

(a) they are prepared in accordance with the law and are complete and correct in all
respects;

(b) the list of witnesses and documents are correctly entered in the charge-sheet or
attached thereto;

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(c) no names of witnesses or documents necessary to prove the prosecution can be

omitted;

(d) no defects or omissions in the investigation pointed out by them have remained
unrectified or unexplained.
( ACB Head Office Standing Circular No.8/73 (Rc.No.26/S2/73), dated 27th April, 1973).

316. The Legal Adviser-cum-Special Public Prosecutor should also be consulted in the
matter of interim attachment of properties and other legal problems that may arise
during the course of investigation of cases.

317. The Legal Adviser-cum-Special Public Prosecutor and the Director & Addl.
Director of Prosecution will furnish a return every month by the 2 nd of the succeeding
month, to the Director, Anti-Corruption Bureau, showing the pendency of Anti-
Corruption Bureau cases in the Special Judge’s Court and the progress made in each
case during the preceeding month.

318. The Legal Adviser-cum-Special Public Prosecutor will be responsible to see that
summons to witnesses etc., are issued from the concerned Courts in proper time and
handed over to the concerned Range Officers/Investigating Officers, for causing service
on the concerned.

319. He will ensure that warrants are obtained for the arrest of absconding accused
persons and that necessary action is taken under sections 82 and 83 of Cr.P.C.

320. He will also assist and advise the Investigating Officers whenever required for
taking further course of action on legal points arising during the course of Investigation.

321. He will keep the Director/Addl. Director, A.C.B. informed of all important matters
concerning the work of the Court concerned etc.

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322. He will submit court diaries about the cases being conducted by him in time to the
Directorate showing all developments in all cases under his charge. He will also
perform such other duties as may be allotted.

323. The Director of Prosecutions and Addl. Director of Prosecutions attend to the work
in the Tribunal for Disciplinary proceedings. They work directly under the Director/Addl.
Director, Anti-Corruption Bureau.

324. After completion of investigation/enquiry of cases, the concerned Legal Officer will
be consulted for his opinion. The Director/Addl. Director will take a decision whether to
prosecute the A.O. or place the A.O. before T.D.P. or to recommend for departmental
action keeping the opinion of the Legal Officer in view.

325. The Chief Legal Adviser may give his opinion in all important cases (Registered
cases and Regular Enquiries) in which his advice is sought by the
Director/Addl.Director. Generally, they will be cases of disproportionate assets and
traps against senior gazetted officers and serious irregularities committed by engineers
and other technical personnel at senior levels. He may also conduct prosecution in
important cases that may be marked to him by the Director.

326. He will give his remarks on all acquittals and suggest further course of action as
well as remedial measures to avoid such lapses in future.

327. He will put up draft circulars on legal aspects of cases and enquiries/investigations
in the light of rulings of High Courts and Supreme Court, outcome of A.C.B. cases in
the Special Courts, and Tribunal for Disciplinary Proceedings etc.

328. He will attend to such other legal work as may be entrusted to him by the
Director/Additional Director in relation to the functioning of the Anti-Corruption Bureau.

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329. The Standing Counsel will maintain liaison with the High Court and Supreme Court
and will look after and pursue all appeal cases. He will appear personally and argue
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cases of Anti-Corruption Bureau in appeals filed before the High Court of Andhra
Pradesh and A.P. Administrative Tribunal.

330. He will also appear as Presenting Officer in enquiries against Officers, where
specifically appointed before Commissioners of Enquiries. He may also handle
important cases as may be entrusted to him before the Special Judge for SPE and ACB
Cases. He will also give opinion in Anti-Corruption Bureau cases whenever asked for
by the Director/Additional Director.

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SPECIAL COURT FOR ANTI-CORRUPTION BUREAU CASES

331. All cases charge-sheeted by the Anti-Corruption Bureau under the Prevention of
Corruption Act or under Sections 161 to 165-A of the I.P.C. are to be filed before the
Special Judge for Anti-Corruption Bureau cases at Hyderabad or Visakhapatnam, as the
case may be. These offences are triable by a Special Judge only under section 7 (1) of
the Criminal Law Amendment Act of 1952.

332. The Special Courts send summons to the concerned Investigating Officers of Anti-
Corruption Bureau for all official and non-official witnesses for causing service on them.
Summons intended for service on official witnesses, are sent to the concerned
departments for service in time with a request to send the acknowledged summons
direct to the Special Court. For this purpose, the Inspectors have to ensure that the
summons issued by the Court of the Special Judge are served expeditiously and the
served summons are sent back to the Court sufficiently early so that the Special Judge
could know which witnesses are attending, and which witnesses are not, to enable him
to so arrange the trial work that it is completed expeditiously. The Inspectors incharge of
the case should personally attend the court during all the dates of hearings, particularly
when important witnesses are to be examined.

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CHAPTER – XIX

TRIBUNAL FOR DISCIPLINARY PROCEEDINGS

333. The Tribunal for Disciplinary Proceedings existing in the erstwhile Hyderabad State
was continued in the enlarged State of Andhra Pradesh after its formation on 1-11-1956.

334. When the evidence against an officer is not sufficient for prosecuting him in a court
of law, the Government may decide to place the officer whose basic pay is not less than
Rs.600, on his defence before the Tribunal for Disciplinary Proceedings. However,
officers whose pay is less than Rs.600 but against whom similar charges have been held
proved or who figure as co-accused can also be placed on their defence before the TDP
for a joint enquiry with officers whose pay is not less than Rs.600.

335. The Tribunal is assisted by the Director of Prosecutions and Additional Director of
Prosecutions, who lead evidence on behalf of the Anti-Corruption Bureau. Normally
there is a Director or an Additional Director of Prosecutions attached to each Member of
the T.D.P. Besides this, the Government have also made a provision that the Director or
Additional Director of Prosecutions shall lead the prosecution evidence in addition to or
in lieu of the I.O. of the A.C.B. on behalf of the Government (G.O.Rt.No.791, G.A. (SC.D)
Dept., dt.5-5-65, 1499, dt.27-8-66, G.O.Ms.No.1183, dt. 20-9-66 and G.O.Ms.No.451,
(Ser.C) Dept., dt. 29-3-66).

336. The Tribunal after it completes an enquiry against a Government Servant

charged, submits its report to the Government along with its
recommendations. The matter is thereupon finally decided by the
Government, along with the final order, a copy of the Tribunal report
is made available to the Anti-Corruption Bureau by the Government

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(Government Memo.No.2317/Ser-D/73, G.A. (Ser.D) Department, dt.25-6-1974).

337. The Director, Anti-Corruption Bureau may peruse the report of the Tribunal for
Disciplinary Proceedings to check if there has been any failure on the part of prosecution
and take suitable remedial measures thereon if necessary. No comments are to be
made by the Anti-Corruption Bureau on the report (including the findings) of the T.D.P.

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ACTION AGAINST RETIRED GOVERNMENT SERVANTS

338. On the retirement of a Government Servant, the Conduct Rules shall cease to
apply. Hence, no inquiry falling within the scope of the Conduct Rules and
Classification, Control and Appeal Rules, can be started against a retired Government
Servant. There is, however, no such embargo if the subject matter of inquiry attracts the
provisions of Indian Penal Code, like misappropriation, forgery, cheating, possession of
disproportionate assets and the like, where an inquiry/investigation would be necessary
as a prelude to the institution of Criminal Proceedings against a retired Government
Servant. In such cases, an inquiry/investigation may be conducted by the A.C.B. till a
prima facie case is made out and a report submitted. On a consideration of this report,
the competent authority may pass appropriate orders.

339. Though a retired Government Servant is not governed by the provisions of the
Conduct Rules, for the purposes of fixation, regulation and payment of pension, he is
governed by the provisions of the Andhra Pradesh Pension Code or the Hyderabad Civil
Services Rules, as the case may be. The provisions of the Andhra Pradesh Pension
Code or the corresponding provisions of the Hyderabad Civil Services Rules in
accordance with which inquiries can be taken up, with or without limitation of time factor,
are discussed hereunder.

340. If it is proposed to continue A.C.B. enquiries after the retirement of a Government

Servant, such enquiries can only result in criminal prosecution or action under article
351, 351-A or 470 of the A.P. Pension Code or Rules 238, 239, 239-A or 235 and 236 of
the Hyderabad Civil Services Rules. Extracts of the above provisions are at Annexure-
VII.

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341. In order that such action may be taken under the Pension Code, the following
guidelines may be followed:

(a) The A.C.B. shall intimate the competent authority through the Government that an
A.C.B. enquiry is pending and the pension of the officer shall not be finalized, pending
completion of the enquiry. There is, however, no objection to the sanction of provisional
pension.

(b) Action under Article 470 of the Pension Code can be taken before the pension is
sanctioned without any formal enquiry, but a show cause notice shall be issued and
reply considered before pension is reduced.

(c) Action under Article 351-A of the Pension Code can be taken only in respect of
matters which are not more than four years old on the date of service of the
memorandum of charges.

342. An officer may be allowed to retire when the inquiry has already been entrusted to
the TDP/Dept., (including service of the memorandum of charges) in cases where
punishment, if any, to be inflicted, can only be reduction in pension. In cases of this type
where the officer was placed under suspension beyond the date of superannuation, he
may be retired immediately after the service of the memorandum of charges on him. If
no such memorandum has been served on the officer or if he has not been placed under
suspension, no enquiry can be taken up by the Tribunal against such officer, after
retirement as he would no longer be a Government servant.

343. Criminal prosecution can be instituted against Government Servants even after
their retirement. The provisions of the Prevention of Corruption Act, are applicable to all
Public Servants, irrespective of the fact whether they were in service or not at the time
when prosecution was launched. The mere fact that a public servant ceased to be a
public servant after the commission of the offence would not absolve him of
his crime. Prosecution under sections 161 and or 165 IPC R/W Section
5 (1) (a) and 5 (2) of the Prevention of Corruption Act, is not controlled or restricted

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or trammalled in any manner by the Pension Code. The provisions of the Pension Code,
may, if at all, be relied on, only for safeguarding the pension and cannot be pressed into
service to defeat a prosecution. The period of 4 years contemplated under article 351-A
of the Pension Code cannot be utilized for avoiding prosecution under section 161 or
165 IPC R/W section 5 (1) (a) and 5 (2) of the Prevention of Corruption Act. Retirement,
resignation, dismissal or removal of a public servant would not absolve him of the
offence which he had committed while in service, (P.V. Venkatavardhan Vs. The
State of Tamilnadu MLJ. 1979 Cr.275).

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CHAPTER – XXI

LIAISON AND CO-OPERATION WITH AND BY OTHER DEPARTMENTS

344. In cases where the Government gives a direction to the Anti-Corruption Bureau to
conduct regular enquiries, the Heads of Departments and departments of Secretariat
should not proceed with parallel enquiries and they should hand over all the connected
records and also co-operate with or assist the officials of the Anti-Corruption Bureau
during the course of the enquiries. (Government Memo. No.2848/SCD/66-2, General
Administration (SC.D) Department, dated 28-10-1966).

345. Collectors working in Districts are the Chief Vigilance Officers of their respective
districts. The District Anti-Corruption Bureau Inspectors shall meet the respective
Collectors of districts periodically, not less than once a month and acquaint him with the
state of corruption in services in the district.

346. Anti-Corruption Bureau Officers, will not take up any enquiry at the instance of any
departmental authority/Collector but should do so only on receipt of orders from the
Director. (A.C.B. Head Office Standing Circular No.6 (65/ACB/67) Dt. 14-6-1977).

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CHAPTER – XXII

RECORDS/DOCUMENTS, COLLECTION, CUSTODY AND RETURN OF

DISCREET ENQUIRY :

347. When a discreet enquiry is ordered, the original petition forming the basis of the
Discreet Enquiry will be sent to the Range D.S.P. along with two copies, retaining one
copy in the Head Office. The range D.S.P. retains one copy in his office and sends the
original petition along with the second copy to the Inspector, if the discreet enquiry is
entrusted to the latter. On completion of Enquiry, the original petition will be sent along
with the discreet enquiry report to the Director.

348. For perusal or collection of records available with the Government, requisitions
have to be sent from the Directorate. Therefore, I.Os. should write to the Head Office for
addressing the Government for perusal of particular records or to make them available to
the I.O. As the files of the State Secretariat often contain minutes of Ministers, Cabinet
decisions, etc., they are not to be made available without sufficient justification.

REGULAR ENQUIRIES :

349. The Heads of Departments or Offices shall, when called upon to do so, normally
furnish the relevant official records for reference to Officer of the Anti-Corruption Bureau
not below the rank of Deputy Superintendent of Police in respect of cases against
Gazetted Officers and an Inspector or his equivalent in rank in the A.C.B. in respect of
cases against Non-Gazetted Officers. In the cases of extremely confidential and
privileged documents, orders of the Government will be taken before the records are
handed over to the requisitioning authority.

350. In the course of regular or open enquiry, the

Anti - Corruption Bureau can take over possession of such official
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records as are required from the departments concerned for reference and use in the
Regular Enquiry/Registered Case. Witnesses also have to be examined with reference
to the records. The I.Os. of the A.C.B. should list out the records required in a particular
enquiry on the basis of the allegations and requisitions have to be made to the
concerned Heads of Departments/Offices by the concerned Deputy Superintendents of
Police, for supply of the said records. Wherever necessary such requisitions should be
made in consultation with the Technical and Specialist Officers of the Bureau viz., the
Deputy Director (Forests), the Deputy Director (Engg.), the Deputy Director (Revenue)
and Assistant Director (Commercial Taxes) as the case may be. Deputy
Superintendents of Police can similarly address Heads of Departments for supply of
Annual Immovable Property Statements of the Accused Officer and also call for
particulars of properties in the proformae statements supplied by the Anti-Corruption
Bureau.

351. When production of records from a Head of Department/Office is sought, the Anti-
Corruption Bureau should, -

(a) state the particulars of records which are required in connection with the enquiry
indicating the reasons for perusal of each of such records;

(b) make the requisition from an officer not below the rank of a D.S.P. of the Bureau.

(Govt. Memo.No. 1964/SC.D/73-4, General Administration (SC.D) Department, dt. 15-3-

1975)

352. Regarding records with the Government, the Director, Anti-Corruption Bureau
should be requested by the concerned I.O. for addressing the Government to supply the
records available with the Government for use in the Regular Enquiry/Registered Case.
In the requisition to the Government, the Director, A.C.B., should state the particulars of
records required for enquiry indicating reasons for perusal.
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353. In cases where records such as vouchers, cheques, etc., are required from the
office of the Accountant – General, A.P., the I.O. should address the Director, A.C.B.
who in turn will address the A.G., A.P., Hyderabad to hand-over the documents required
to the I.O. (** Circular No.21/d/58-PD, dt. 30-4-79 from the CBI (MHA) New Delhi,
Lr.No.4305/Tech. Admn. 1/275-67, dt. 19-11-68 from Comptroller & Auditor-General of
India, New Delhi and Govt. Memo. No.2441/SCD/76-2, Genl. Admn (SC.D) Dept., dt.9-5-
1977). In the Office of the A.G., photostat copies of the document(s) required by the I.O.
are taken and handed over to the I.O. In cases where the documents are voluminous,
copies may be made by microfilming instead of photostat copies, provided the cost on
microfilming is comparatively less than photostating. Orders have been issued by the
Comptroller & Auditor-General of India, New Delhi, that a branch officer in-charge of
administration in each audit office is nominated as Liaison Officer for the purpose of
arranging delivery of original records to the I.O. on proper requisition from the competent
authority. The I.O. should contact the Liaison Officer in the concerned section of the
A.G’s. Office and take his help for securing the required records. The records will be
delivered after obtaining the approval of the concerned D.A.G., D.A.A., or the A.G. as
may be necessary.

354. It is permissible under the Income-tax Act, 1961, subject to the provision of any
notification issued under section 138 (2) of the Act, to obtain any information in respect
of the assessment of any assessee and also ask for the inspection of assessment
records or any other information contained therein either by making an
application under section 138 (1) of the Act, or by sending a requisition under section 91
Cr.P.C. or from any list of assesses published by the Central Government under section
187 of Income-tax Act. This latter source of information would not ordinarily be
available, as the Ministry of Finance do not propose to publish assessment figures in
all cases. The I.Os. of A.C.B. should therefore obtain the
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requisite information as a rule, by sending a requisition under section 91 Cr.P.C. of 1973

instead of making an application under section 138 (1) of the Income Tax Act, 1961.

355. (1) The Government have communicated in Memo. No.1800/SC-D/84-2, General

Administration (SC-D) Department dt. 30-1-1985 and in endorsement No.245/SC-D,
General Administration (SC-D) Department, dt. 4-5-1985, two notifications issued by the
Government of India. The notification in S.O. No.6101 issued by the Government of
India, Ministry of Finance (Department of Revenue) dt. 8-1-1985 is as follows:-

“S.O. 6101: In pursuance of Sub-Clause (ii) of Clause (a) of Sub-Section (1) of Section
138 of the Income Tax Act 1961 (43 of 1961), the Central Government hereby
authorizes all Class I Officers of the Anti-Corruption Bureau, Hyderabad for the purposes
of the said Sub-Clause”.

(2) The Notification issued in S.O. No.6196 is as follows:

“In pursuance of Sub-Clause (ii) of Clause (a) of Sub-Section (1) of Section 138 of the
Income-Tax Act, 1961 (43 of 1961), the Central Government hereby specifies the
Director, Anti-Corruption Bureau, Hyderabad, Government of Andhra Pradesh and any
other officer duly authorized by him in writing in respect of a specific case for the
purposes of the said sub-clause”.

(3) In pursuance of the above two notifications, the I.Os. of the A.C.B. can requisition
during Regular Enquiries, the required information through the Head Office by filing an
application in Form No.46 in terms of Section 138 (1) (b) of the Income Tax Act, 1961
read with rule 113 of the Income-Tax Rules.

356.(1) In all the Registered Cases, the IOs can invoke the inherent powers vested in them as
officers incharge of Police Stations and make written requisitions under section

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91 (1) Cr.P.C. to the Income-tax officers in whose possession the required income-tax
documents/files are available to make them available for perusal and scrutiny. Where
copies of such income tax documents/files are required, the I.Os. should take
possession of the relevant papers after giving proper acknowledgment, get xerox copies
made in a day or two and return the originals.

(2) The Commissioners of Income-Tax, A.P. in a Joint Circular Memo. Vide ref. Hqrs.
I/Con./84-85, dt.30-4-1985 have issued instructions to all the Income-Tax Officers and
Inspecting Assistant Commissioners of Income-Tax in A.P. stating that Section 138 of
the Income Tax Act does not create a bar to apply for requisition under section 91/94
Cr.P.C. which give definite power to a court or to an officer-in-charge of a Police Station
for the purpose of seeking production of documents. They have further clarified that
since the Directorate as well as all District Offices of the A.C.B. have been notified as
Police Stations, any requisition from the A.C.B. Officers concerned will have to be
complied with in view of the specified powers conferred on them under section 91/94 of
the Cr.P.C.

357. It should be considered as sufficient compliance of an order under section 91

Cr.P.C. by Banks or Public Offices if the required documents or books are shown or
produced at the Bank Premises or in Public Offices as the case may be. I.Os. should
not insist on an officer of the Bank attending and producing the records at any place
other than the Bank Premises.

358. Under Section 5-A(2) of the Prevention of Corruption Act, 1947, certified copies
of the relevant entries relating to the accounts in the Banker’s Books of any person
suspected to have committed any offence under Sections 161, 165, 165-A IPC
or Section 5 of the Prevention of Corruption Act, 1947, or of any other person
suspected to be holding money on behalf of such person can be taken or caused
to be taken and the bank concerned is bound to assist in the exercise of these powers. These

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powers can, however, be exercised only by a Police Officer empowered to investigate

under Sub-Section (i) of Section 5-A of the Prevention of Corruption Act, 1947; provided
that it shall not be exercised by a Police Officer below the rank of a Superintendent of
Police, unless he is especially authorized on this behalf by a Police Officer of or above
the rank of a Superintendent of Police.

359. In cases where the connected records are required simultaneously by the
A.C.B. and also the Department in any disciplinary proceedings and the receipt of files
taken by the A.C.B. cannot be awaited and further action is urgently called for without
loss of time, the Departments of Secretariat or the Heads of Departments or Collectors
may obtain authenticated extracts or photostat copies of the relevant portions of the
record with a view to dispose of pending disciplinary cases or any other urgent matter
which cannot wait till the return of files by the A.C.B. (Govt. Memo.No.443/SCD/78-2,
Genl. Admn. (SC.D) Dept., dt. 3-6-1978).

360. If any information or records are required from the Departments of other States
in connection with enquiries or investigations, the Inspectors should send requisitions to
the Director, A.C.B., who will in turn address the State Government for collection of
information or records from the Departments of other States (G.O.Ms.No.582, Genl.
Admn. (Political-B) Department, dt. 26-9-1968, & A.C.B. Head Office
Memo.No.71/S2/70, dt.5-10-70).

361. All records so collected will be kept in the safe custody of the I.O. after properly
indexing and putting page numbers. Care should be taken to ensure that the records
are not destroyed by termities or any other source or otherwise tampered with (A.C.B.
Head Office Memo, Rc.No.38/S2/68, dt. 19-2-1968).

362. During the course of investigation of cases registered under the Prevention
of Corruption Act or under Sections 161, or 165 or 165 -A -IPC., the
I.O. can invoke powers to seize records under Section 94, 102 and 165 Cr.

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P.C. immediately after a trap and house search, records relevant to the case and
incriminating documents should be seized under a search list either from the office or
residential premises (or both) of the A.O. Permission of the Spl. Judge for SPE & ACB.,
Hyderabad, should be obtained to retain such records as are needed for investigation
purposes and the remaining records should be sent to the Court. A copy of such search
list under which the records were seized should be furnished to the A.O. under
acknowledgement.

363. All records so collected should be kept in safe custody of the I.O after properly
indexing them and giving page numbers.

364. If from information received or otherwise, the I.O. of the A.C.B. has reason to
suspect the commission of an offence which he is empowered to investigate under sub-
section (1) of section 5-A of P.C. Act and considers that for the purposes of
investigation or inquiry into such offence, it is necessary to inspect any banker’s books,
then, notwithstanding anything contained in the law in force, he may inspect any
banker’s books in so far as they relate to the accounts of the person suspected to have
committed that offence or of any other person suspected to be holding money on behalf
of such person. He will take or cause to be taken certified copies of the relevant entries
therefrom, and the bank concerned shall be bound to assist the I.O. of the A.C.B., in the
exercise of his powers under this sub-section.

365. Provided that no powers under this sub-section in relation to the accounts of
any person shall be exercised by a Police Officer below the rank of a S.P., unless the
Inspector of Police, D.S.P. A.C.B. is specially authorized in this behalf by a Police
Officer of or above the rank of a Superintendent of Police. Therefore, the D.S.P.,
Inspector of Police, ACB, whoever conducts investigation should first come up with a
requisition for issue of authorization by the Joint Director/Addl. Director/Director, ACB,
before exercising this power.

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366. If there is reliable information during the investigation that incriminating

documents relating to the case are secreted in the houses of relatives or friends of the
accused officer, those houses can also be searched after obtaining warrants either from
a First Class Magistrate or in accordance with Section 165 of the Criminal Procedure
Code.

367. Along with report of Regular Enquiry, the records connected with the enquiry
and the statements of witnesses in original have to be sent to the Govt. Therefore, the
Officer incharge of the Range should invariably furnish to the Head Office along with his
final report, all the connected records whether an allegation has been held
substantiated or not and the statements of all witnesses in original. In cases registered
and investigated under the Prevention of Corruption Act, the case diary file also should
be submitted to the Head Office.

368. Along with the draft final report, the DSP/Inspector should enclose an Index
Report. This Index Report should be prepared as per the instructions issued in Circular
Memo No.1/S1/77, dt.13-5-1977 to contain lists of witnesses and documents etc. In
respect of criminal cases, this requirement is covered by the memo of evidence.

369. Two lists of records should also be sent along with the records to the head
office in a sealed envelope and acknowledgement should be obtained.

RECORDS TO BE SENT TO DEPARTMENTS FOR CONDUCTING DEPARTMENTAL

ENQUIRY

370. On the basis of the recommendations of the Bureau if the case is referred by
the Govt. to the Department concerned for instituting disciplinary proceedings, the
relevant statements of witnesses in original and records pertaining to the allegations
held proved against the accused officer should be sent to the concerned Head of the
Department from the Head Office or by the Investigating Officer on receipt of Govt.
orders.

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371. After disposal of the departmental enquiries by the departments concerned and
issue of final orders, the records will be returned to the Director, A.C.B., by the
concerned departments along with a copy of final orders issued by them. While
communicating a copy of the final orders to the I.O., the Director will also intimate about
receipt of the records in the Head Office. The concerned Inspector will then collect the
records from the Head Office and return them under proper acknowledgement to the
office(s) from which they were obtained. Only after doing so, will the file be closed by
the I.O.

372. In respect of the allegations held not proved, all the records relating to such
allegations collected from the concerned offices, should be returned wherever possible
by the concerned Inspectors of Police, under proper acknowledgment after they are
received from the Head Office. This should be done within a month.

ENQUIRIES AGAINST OFFICERS OF THE ALL INDIA SERVICES AND OTHER

SENIOR OFFICERS OF THE STATE GOVERNMENT.

373. In respect of disciplinary cases arising out of investigations or enquiries by the

A.C.B. against officers of A.I.S. or other senior Officers such as Heads of Departments,
the Govt. may require that draft charges may be furnished to them. The Bureau should
furnish to the Govt. along with the draft charges, a statement of imputations against the
delinquent officer concerned together with original statements of witnesses. All records
connected with the disciplinary enquiry should also be sent to the Govt. in the
administrative department concerned, if they have not already been submitted along
with the final report of the Bureau.

374. The D.S.P. of the Range concerned should prepare the draft charges and
furnish the original statements of witnesses and relevant records to the Head Office,
who in turn will transmit them to the Government after scrutiny.

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375. After an Enquiry Officer/Inquiry Authority is appointed and all the relevant
records and documents are sent to him by the Government, Government appoint either
the Director or the Additional Director of Prosecutions as Presenting Officer to present
the case for the prosecution, during the enquiry. The concerned D.S.P./Inspector
should assist the Presenting Officer in preparing the case, leading evidence for the
prosecution before the Enquiry Officer/Inquiry Authority and in getting relevant
documents filed as exhibits, etc.

376. After the completion of the enquiry, the Inquiring Authority submits his report and
relevant records to the Govt., who after disposal of the case, sends a copy of the final
orders and return the records to the Director, A.C.B. The concerned Inspector should
then collect the records from the Head Office and return them under proper
acknowledgement to the office(s) from which they were obtained. Only after returning
all the records, the files should be closed by the I.O.
RECORDS TO BE FILED BEFORE THE T.D.P.

377. On receipt of orders of the Govt. that the case has been referred to the T.D.P.,
the Head Office will instruct the concerned D.S.P./Inspector to file the records and
statements of witnesses in original before the TDP within a week (ACB
H.O.Memo.No.57/S1/69, dated 11-11-69). While filing the records, the following points
have to be borne in mind and procedure observed, in preparing list of documents etc.,
(ACB H.O. Memo.No.93/S1/68, dated 11th September, 1969 and Govt. Memo. No.1823,
Ser.D/68-14, Genl. Admn. (SER-D), Department, dated 13-9-1968)

1. List of documents together with a list Only relevant records

of references leading to those docu- and documents and not
ments on which the case or the pro- the entire file in which
secution is based. these documents or re-
ferences are contained.
2. Records in original as per the list men-
tioned at S.No. 1 above.

3. Copies of statements of witnesses as

required by the TDP depending on
number of charged Officers.

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378. After filing the documents etc. compliance reports should be submitted to the
Director, followed by progress reports till the closure of the enquiry.

379. After completion of the enquiry before the TDP, the relevant records are sent to
the Government along with its report by the Tribunal.

RECORDS TO BE FILED IN THE SPECIAL JUDGE’S COURT:

380. With regard to criminal cases, on receipt of sanction orders from the competent
authority according permission to prosecute the accused officer in a Court of Law, the
Head Office will immediately send the sanction order to the concerned D.S.P. for
instructing the concerned Inspector to file the charge-sheet in the Special Court, for
SPE & ACB Cases, Hyderabad within a fortnight in consultation with the concerned
DSP and the L.A.-cum-Spl.P.P. The concerned Inspector should accordingly file
charge-sheets in the Special Judge’s Court for SPE & ACB cases, within a fortnight with
all relevant records. True copies of the relevant portions of records should be kept
ready along with a draft charge-sheet before the sanction order is received, so that no
time is lost in filing the charge-sheet and memo of evidence.

TRIBUNAL FOR DISCIPLINARY PROCEEDINGS :

381. After disposal of the case by the Government on the basis of the finding of the
Tribunal for Disciplinary Proceedings, the Government sends a copy of final orders
alongwith relevant records to the Director, A.C.B. In this case also, the instructions
given above will hold good.

CRIMINAL CASES IN SPECIAL JUDGE’S COURT:

382. After collection of records from the Spl. Judge’s Court, the concerned
Inspector/D.S.P. should return the records to the concerned Departments/Offices only
after the expiry of appeal time, and after consulting the L.A-cum-Spl.P.P.
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DISPOSAL OF RECORDS IN ENQUIRIES NOT PROVED:

383. In all enquiries which are held not proved and disposed of as such by the
Government, the Inspector/D.S.Ps. on receipt of instructions from the Directorate,
should return all relevant records that were collected by them, other than statements of
witnesses, etc., to the concerned departments/offices under proper acknowledgement.

MAINTENANCE OF DOCKET SHEETS REGARDING THE MOVEMENT OF

RECORDS :

384. Docket sheet should be maintained by the I.O. showing particulars such as date
of requisition, receipt and sending of records to Head Office, and their receipt on return
from Head Office etc. The Head Office should also maintain the docket sheet showing
the movements of the records to the Government or other offices, etc.

385. The records should be returned to the Office from which they were obtained as
far as possible by the Officer who brought the records soon after the cases are
disposed of. Acknowledgements should be obtained for the records returned to the
concerned office and kept in the concerned files for use in future. Files relating to all
types of enquiries/investigations should be closed only after all the records have been
returned to the concerned offices and after intimating the Head Office about the return
of the records to the concerned officers.

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CHAPTER – XXIII
SUSPENSION AND DISMISSAL.
386. Suspension of a Government Official should be recommended by the Director,
Anti-Corruption Bureau, to the concerned department in the following instances :-

(1) As soon as a trap is successful;

(2) As soon as a case is registered and a house search is made and prima facie
evidence is available about possession of disproportionate assets;

(3) Public interest should be the guiding factor in deciding the question of placing a
Government servant under suspension and the disciplinary authority should have the
discretion to decide this, taking all factors into account. The circumstances in which a
disciplinary authority may consider it appropriate to place a Government servant under
suspension are laid down by the Government-Vide instructions in Government
Memo.No.401/Ser.C/65-1, Genl. Admn. (Ser.C) Department, dated 27th February 1965;

(4) Where a Regular Enquiry is in progress against a Government Official and prima
facie evidence is available to show that the enquiry is likely to end in the dismissal of the
officer concerned, the Director may examine whether suspension is called for in such
cases or more transfer would do and recommend accordingly to the Government.

387. The consolidated instructions issued by the Govt. in their Memo.

No.768/Ser.C/83-1, Genl. Admn. (Services-C) Department, dated 25-8-1983 are
extracted hereunder :

“Several executive instructions were issued by Government to supplement the

provisions of the Andhra Pradesh Civil Services (CCA) Rules on the question of the

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circumstances which would justify placing a Government employee under suspension

pending enquiries etc. The gist of some of the important instructions was
communicated in Memo.No.1470/Ser.C/77-2, dated 26-12-1977. A few other
instructions on the subject of suspension were also issued from time to time. In spite of
the above, enquiries are being received on the question frequently, from the
Departments of Secretariat. It is, therefore, considered desirable to communicate the
following important and frequently required instructions, some of which have already
been included in the Memorandum cited, for information of the departments of
Secretariat and Heads of Departments. These instructions are only to supplement and
clarify the provisions contained in the Andhra Pradesh Civil Services (Classification,
Control and Appeal) Rules, 1963.

2. In Memo. No.401/Ser-C/65-1, G.A. (Ser.C) Department, dated 27-2-1965 instructions

were issued that Government Servants may be placed under suspension under the
following circumstances:-

(i) Cases where continuance in office of the Government servant will prejudice the
investigation, trial or any inquiry (e.g. apprehended tampering with witness or
documents):

(ii) Where the continuance in office of the Government servant is likely to seriously
subvert discipline in the office in which the public servant is working;
(iii) Where the continuance in office of the Government servant will be against the public
interest (other than those covered by (i) and (ii) such as there is a public scandal and it
is necessary to place the Government servant under suspension to demonstrate the
policy of the Government to deal strictly with officers involved in such scandals
particularly of corruption;

(iv) Where allegations have been made against the Government servant and the
preliminary enquiry has revealed that a prima facie case is made
out which would justify his prosecution or his being proceeded against in

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Departmental proceedings and where the proceedings are likely to end in his conviction
and/or dismissal, removal or compulsory retirement from service;

Note: (a) In the first three circumstances, the disciplinary authority may exercise his
discretion to place Government Servant under suspension even when the case is under
investigation and before a prima facie case has been established.

(b) Certain types of misdemeanour where suspension may be desirable in the four
circumstances mentioned are indicated below:

(i) Any offence or conduct involving moral turpitude;

(ii) Corruption, embezzlement or misappropriation of Government money, possession of

disproportionate assets, misuse of official powers for personal gain;

(iii) Serious negligence and dereliction of duty resulting in considerable loss to

Government;

(iv) Refusal or deliberate failure to carry out written orders of superior officers.
3. In confidential Memo.No.204/Ser.C/76-3, G.A. (Ser.C) Dept., dt. 31-5-1976, it has
been directed that the officers trapped in corruption be placed under suspension
immediately and that if there is likely to be any interregnum between the trap and the
actual relief of the trapped officer after being placed under suspension, the competent
authorities should consider whether the officers could be transferred immediately so that
material evidence is not destroyed and that arrangements should be made to relieve
trapped officers forthwith.

4. In Memo. No. 488/Ser.C/81-1, G.A. (Ser. C), dated 21-4-1981,

it was clarified that public interest should be the guiding factor in
deciding the question of placing a Government servant under suspension.
It was also clarified that as and when criminal charges are framed by a

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competent court against a Government Servant, the disciplinary authority should

consider and decide the desirability of placing such a Government servant under
suspension if he is not already under suspension.

5. In Memo. No.2213/Ser.C/66-B, G.A. (Ser.C), dated 30-11-1966 instructions were

issued that in order to ensure that suspension is not resorted to for simple reasons, the
Government have decided that where the reinstating authority held that the suspension
of the employee was wholly unjustified and it made an order that for the period of
suspension, the employee concerned be paid full pay and allowances, proceedings
should be initiated under rule 19 of A.P.C.S. (Classification, Control and Appeal) Rules
against the officer who suspended the employee and the question of recovery from the
pay of such officer the whole or part of the pecuniary loss caused to the Government
due to payment of pay and allowances under F.R. 54 should be considered.

6. According to Memo.No.1993/Ser.C/65-4, G.A. (Ser.C) dated 28th December, 1965

where the work and conduct of an employee who is appointed temporarily are not
satisfactory, he need not be placed under suspension pending enquiry as it involves
financial loss to Government nor should disciplinary action be taken against him but he
should be discharged in terms of his appointment, by an innocuous order so as to avoid
complications.

7. In Memo. No.1733/Ser.C/67-2, G.A. (Ser.C), dated 3-8-1967 instructions were issued

that instead of placing an employee under suspension pending investigation into grave
charge, the desirability of transferring him to some other place or to allow him to go on
leave may be considered.

8. As per the instructions issued in the Memo. No.904/Ser.C/67-1, dated

29-5-1967, the necessity for continuance or otherwise of a Government employee
under suspension is required to be reviewed by the Government at

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Intervals of not more than 6 months. The object is to ensure that Government
employee placed under suspension is not continued under suspension indefinitely, and
that the necessity or otherwise for his continuance is reviewed periodically by
Government so that if in any case it is felt that the further continuance of the
Government employee involves undue-hardship, necessary relief may be granted,
either by revoking the order of suspension and restoring him to duty or allowing him to
proceed on leave.

9. It was laid down in the Memo. No.904/Ser.C/67-1, dt. 29-5-1967 that in cases of
suspension and review, the following procedure may be adopted.

(a) where an employee is suspended the order may be so drawn up that he is

suspended, pending enquiry, until further orders.

(b) when upon a review which may be ordinarily made at intervals of not more than six
months, it is considered that he should be continued under suspension, the order that
may be made after such review may be as follows:

“The Government have reviewed the case of Sri ------------------------------------- who is

under suspension pending enquiry and they have decided that he shall continue under
suspension. The next review will be taken up at the end of six months from the date of
this order”.

10. According to the instructions issued in Memo. No.365/Ser.C/79-1, General

Admn. (Services-C) Dept., dt. 11-6-1970, the cases of all officers who are,
under suspension for six months irrespective of the fact, whether the
cases are under investigation by the A.C.B. or pending enquiry before the
Tribunal for Disciplinary Proceedings or a departmental authority or pending trial
before the Court of Special Judge for SPE and ACB cases or pending with the
Government, will have to be reviewed by the Government and the
Government should have adequate and sufficient material before them

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to judge the necessity or otherwise of the continuance of the suspension. The Director,
A.C.B. should send his reports to the Government not only in respect of cases which
are under investigation by the A.C.B. but also in cases pending enquiry before the
Tribunal for Disciplinary Proceedings and trial in the court of the Special Judge for
Special Police Establishment and A.C.B. Cases. He need not, however, send reports in
cases where enquiries are being conducted by Departmental Authorities or in cases
pending with the Government after of the report receipt of Tribunal for Disciplinary
Proceedings and the Judgment of the Special Judge for the Special Police
Establishment and A.C.B. Cases.

11. In Memo. No.1640/81-1, G.A. (Ser.C), dated 2-1-82 instructions were issued, that in
all cases of alleged malpractices relating to Leave Travel Concession, suspension need
not be resorted but disciplinary action may however, be initiated and that depending
upon the outcome of the disciplinary action, necessary further action may be taken
either to recover the amount fraudulently drawn or/and award suitable punishment as
per “Classification, Control and Appeal Rules”.

DISMISSAL:

388. As soon as a case ends in conviction or acquittal of a Government Servant, the

Anti-Corruption Bureau should submit a report to the Government in this regard.

389. Copies of Judgments of lower courts may be furnished to the Government for
information and all correspondence relating to taking up the matter in appeal should be
made with the administrative department concerned.

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CHAPTER – XXIV

WITNESSES TURNING HOSTILE

390. Witnesses turning hostile during the stage of disciplinary proceedings or court trial
in cases processed by the Anti-Corruption Bureau pose a serious problem, as this
effects the efficient functioning of the Bureau and reflects on the qualitative out-turn of
the Anti-Corruption Bureau. Accused Officers involved in Anti-Corruption Bureau cases
are likely to try every method to win over witnesses so that they escape disciplinary
action/trial and punishment. It is, therefore, important for the Anti-Corruption Bureau to
ensure that witnesses like panchayatdars are selected from among Govt. Servants,
preferably Gazetted Officers from different departments who are known to be of good
character and integrity. In trap cases, the Investigating Officer should, besides
ascertaining the reliability of the complainant who figures as the main witness, also brief
him about the importance of tendering true evidence at every stage and highlight the
undesirable effects of resiling from his complaint. Cases should be dealt with
expeditiously at various stages, so that witnesses do not suffer from loss of memory or
lose interest in the prosecution. Often, after an accused officer is transferred or
suspended, the local witnesses lose interest as their cause of action is more or less
mitigated after the exit of the accused officer from the post held by him. In cases of this
type, the interest of the witnesses should be sustained by appealing to their sense of
moral responsibility and social obligations to pursue action against corrupt elements to
their logical conclusion, so that society is cleansed of corrupt officers to the extent
possible. For this purpose, it might be advantageous if the Investigating officers keep in
constant touch with such witnesses.

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391. In the case of witnesses who do not fall under the above categories, it is not
possible to pick and choose them as they are the witnesses either having direct
knowledge of the instance, having been present at the time of occurrence or witnesses
who speak to facts relating to the incident based on documentary evidence. In cases of
this type, the evidence should be safeguarded by either getting their statements
recorded under section 164 Cr.P.C. in criminal cases or by obtaining their signed
statements during enquiries.

392. A witness who has voluntarily given a statement to an officer of the Anti-Corruption
Bureau during an enquiry/investigation, but goes back on it when he is examined during
the disciplinary proceedings/trial and contradicts the essential ingredients of his earlier
statement, can be declared as a hostile witness.

393. The question of witnesses turning hostile will generally arise in the following
situations:-
I. (a) Signed petitions: Petitioner turning hostile during Anti-Corruption Bureau
preliminary Enquiry/Regular Enquiry.

(b) Complaint Registered as a Criminal Case:- Complainant turning hostile during Court
trial.

(c) Complaint registered as a Criminal Case:- Complainant’s evidence fortified by a 164

Cr.P.C. Statement; complainant turning hostile during trial of the criminal case.

II. (a) Signed statements of witnesses obtained during Regular Enquiry :-

394. The Witness may turn hostile, (i) at the time of departmental enquiry or (ii) before
the Tribunal for Disciplinary Proceedings, or (ii) even during the course of enquiry itself,
by sending affidavits to the Director or to the Investigating Officer himself pleading that
they gave their earlier statements under duress.

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III. Witnesses whose statements are recorded under 164 Cr.P.C:-

395. The witnesses may turn hostile during hearing of the case in court.

IV. Signed statements given by the Govt. Servants as witnesses in non-statutory

enquiries like Regular Enquiries etc:-

396. Govt. Servants who figure as witnesses and some times as Panchayatdars in
Regular Enquiries (and sometimes Preliminary Enquiries) and give signed statements to
the investigating Officer may turn hostile during disciplinary Proceedings.

397. For purpose of instituting action against witnesses who turn hostile in criminal
cases relating to judicial proceedings, no distinction can be drawn between civilians and
public servants. This distinction is possible only in respect of non-statutory enquiries
where public servants (Govt. Servants) figure as witnesses and later turn hostile.

398. Action can be taken against hostile witnesses either by way of prosecution under
I.P.C. Sections, viz., 182, 193 or 211 or under Conduct Rules 3 (1) and 3 (2)
where Govt. Servants are concerned, and sec. 344 (1) Cr.P.C. Also if a witness, turns
hostile in the court of the Special Judge for SPE and ACB Cases and if the prosecution
succeeds in establishing that the witness had deliberately made two statements which
are so contradictory and irreconcilable with each other, that one of them cannot possibly
be true, he can be convicted of perjury, even without its being proved as to which one of
them was not true.

399. The procedure for initiating action under each of the I.P.C./Cr.P.C.
Provisions/Conduct Rules is as follows:-

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I. CASES ARISING U/S 182 I.P.C.

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400. Section 182 I.P. C contains penal provisions against complainants who having
given a false complaint to a public servant, set the law in motion with mala fide motive,
(Govt. Memo.No.3426/SCD/66-9, dt.1-7-68 of G.A. (SC.D) Dept.)

401.The procedure to be followed for initiating action under section 182 I.P.C. is
outlined in Section 195 (1) Cr.P.C. The officer to whom the complaint is given or a
superior officer under whose administrative control that subordinate officer is, should file
a written complaint before the Magistrate having jurisdiction.

402. Such a complaint can be made in cases where a signed complaint was given and
the complainant subsequently turns hostile, either during the trial or enquiry or
disciplinary proceedings by sending affidavits contrary to his original signed complaint.
In this case, the mere giving of a false complaint against a public servant to an officer of
the Anti-Corruption Bureau is made punishable.

II. CASES ARISING UNDER SECTION 193 I.P.C.:

403. Section 193 I.P.C. contains penal provisions against persons who intentionally give
false evidence in any stage of a judicial proceedings.

404. There must be a finding by the Court that the witness is guilty of the offence of
perjury by giving false evidence or fabricated evidence, for taking action under this
section.

405. MENS REA is an essential ingredient of the evidence of perjury. The mere
fact that a statement made by a witness turns out to be wrong or inaccurate does
not make him liable for punishment. He must make the statement deliberately and
must know or believe it to be false or must not believe it to be true. When a witness
makes two contradictory statements intentionally and there is nothing to

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show that the earlier statement was wrong and was corrected by the subsequent
statement and he does not admit that he had committed a mistake in making the earlier
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statement and when the prosecution charges him in the alternative with making one of
the two statements as false, he is liable to be convicted for perjury.

406. The procedure to be followed for initiating action under section 193 IPC is outlined
under section 195 (1) Cr.P.C. The Court or a superior court which has administrative
control over the court, must file a written complaint before the concerned Magistrate
having jurisdiction.

407. This section does not apply to proceedings before the Tribunal for Disciplinary
Proceedings.
III. CASES ARISING UNDER SECTION 211 I.P.C.

408. Section 211 I.P.C. contains penal provision against a person who institutes or
causes to be instituted criminal proceedings to cause injury to another person by false
evidence etc.,

409. The procedure that has to be followed in a case under this section is as
enumerated under section 195 (1) Cr.P.C. requiring the filing of a complaint in writing by
the public servant concerned or by some other public servant to whom he is
administratively subordinate.

410. Section 211 I.P.C. does not also apply to enquiries before the Tribunal for
Disciplinary Proceedings.

411. These three sections i.e., Sections 182, 193 and 211 I.P.C. are applicable equally
to Government servants and private parties.

IV. CASES COMING UNDER ANDHRA PRADESH CIVIL SERVICES (CONDUCT)

RULES 3 (1) & (2) :-

412. Action can be taken under the Andhra Pradesh Civil Services (Conduct) Rules,
1964 against Government Servants, who having figured as witnesses, turn hostile under

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the following situations, for misconduct, (Government Memo.No.1886/SCD/74-1, G.A

(SC-D) Dept., dated 29th October, 1974).
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(1) Government Servants who after giving signed statements, turn hostile during the
preliminary enquiry or regular enquiry, departmental enquiry or before the Tribunal for
Disciplinary Proceedings.

(2) Government Servants who after giving statements under section 164 Cr.P.C. turn
hostile before the Court.

(3) Government Servants who figure as witnesses to a panchanama but turn hostile
during the trial or enquiry.

413. The procedure for taking action for misconduct under Rule 3 (1) and (2) of Andhra
Pradesh Civil Services (Conduct) Rules, 1964 against such Government Servants is to
invoke the provisions of Rule 8 (1) of the Andhra Pradesh Civil Services (Classification,
Control & Appeal) Rules and initiate disciplinary action against them.

V. CASES THAT MAY ARISE UNDER SECTION 344 (1) Cr.P.C.:

414. While delivering the Judgement, if the court comes to the conclusion that a witness
had willfully and knowingly given or fabricated false evidence with intent to use such
evidence during the proceedings, it may take action against such witness under section
344 (1) Cr.P.C.

415. In such a case, the trial Magistrate may try him summarily for the said offence.
416. A Government or Public Servant making a false complaint against another
Government or public servant is as much liable for prosecution under the relevant
provisions of the Indian Penal Code as in the case of any other member of the public.
The language used in the relevant sections of the Indian Penal Code does not in any
way make a distinction or difference between a Government or Public Servant and a
Member of the public in the matter of commission of an offence or Prosecution for such
offences.

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CHAPTER – XXV

MAINTENANCE OF GENERAL DIARY

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417. Since all Range Offices in-charge of the Deputy Superintendents of Police and
Offices of District Inspectors in the Anti-Corruption Bureau are declared as Police
Stations, it would be incumbent to act according to the provisions of the Criminal
Procedure Code. Therefore a General Diary in the usual pro forma has to be
maintained in all Range Offices and in the Offices of the District Inspectors of Police.
The Diary is intended to chronicle all important events and activities relating to the
Bureau. The following among other matters, shall be entered in the Diary:-

(i) Opening and closing of the diary.

(ii) Substances in brief of cases taken up for investigation by the Range D.S.P/District
Inspector. An entry should be made promptly on registration of F.I.R. etc.

(iii) Effecting of searches.

(iv) Seizure of property suo motu or under section 93 (1) and (3) Cr.P.C. and its
immediate disposal.
(v) Effecting of arrests with or without warrants and the immediate disposal of the
arrested persons.

(vi) Receipt and immediate manner of execution of Magistrate’s Order under section
154, 155, 156 and 159 Cr.P.C. and Section 5-A of PC Act II of 1947
.
(vii) Performance of departmental duties by the Range Officers and District Inspectors
i.e., assistance afforded to another Range Officer/District Inspector or some other Police
Agency etc.

418. The Dairy will be written up from 8 a.m. to 8 p.m. daily except on Sundays and
Public Holidays. It will also be written at any other time when this becomes necessary

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on account of any important or serious occurrence or activity. Entries will be made in

sequence in point of time. The Diary will be written in duplicate and the carbon copy will
be sent to the Head Office through the Joint Directors concerned.
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419. The General Diary should on no account be removed from the Office.

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CHAPTER – XXVI

RECORDS TO BE MAINTAINED BY RANGE OFFICES

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420. The Range Offices should maintain the following registers :

CONFIDENTIAL SECTION

1. Inward Register.

2. Outward Register.

3. Petition Register including discreet enquiries.

4. Regular Enquiry Register.

5. Registered Cases Register.

6. Monthly Progress Reports Check Register

7. Government Books Register.
8. Stock File of Circulars, Govt. Orders etc.
9. Stamp Register.
10. Inspection Notes Folder.
11. F.I.R. Book.
12. Arrest Cards.
13. Bail Bond Book.
14. Register of Confidential Information against corrupt officers.
15. Register showing informants and the information furnished by them.
16. Seized Property Register.
17. Register showing documents sent to the Director of Forensic Science
Laboratory, Hyderabad for Expert’s opinion.

ADMINISTRATION & ACCOUNTS :

1. Attendance Register.

2. Casual Leave Register.

3. Long Roll Register.

4. Register of Service Books.

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5. T.A. Check Register.

6. Tour Advance Register.
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7. Permanent Advance Register.

8. Pay Bills Register.
9. Festival Advance Register.
10. Undisbursed Pay Register.
11. House Building Advance Register.
12. Motor Cycle and Cycle Advance Register.
13. Marriage Advance Register.
14. Treasury Bill Book.
15. Cash Book.
16. Appropriation Register.
17. Register of Contingencies.
18. Increment Register.
19. Stationery Articles Stock Register.
20. Local Tappal Register.
21. Pay Bills Schedule File.
22. Stock Register of Furniture.
23. Unserviceable Articles Register.
24. Trunk Calls Register.
25. Log Book.
26. Personal Register.
27. Register showing the repairs, replacements of spare parts, petrol, oil
consumed etc.
28. S.R. Amount Register.

421. Similarly, the following registers are to be maintained in the offices of Inspectors
of Police.

CONFIDENTIAL SECTION

1. Petitions Register including discreet enquiries.

2. Regular Enquiries Register.

3. Registered Cases Register.

4. Visiting & Inspection Notes Folder.

5. Monthly Progress Reports Register.

6. Stock file of Circulars etc.

7. Register of Confidential Information collected, list of informants

and information collected against Public Servants etc.

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8. Seized property register.

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9. Register showing documents sent to the Director, Forensic

Science Laboratory, Hyderabad for Expert’s opinion.

ADMINISTRATION AND ACCOUNTS :

1. T.A. Bill Register.

2. Cash Book.
3. S.R. amount register.
4. Railway Warrants Register.

SEIZED PROPERTIES REGISTER

422. In all Range Offices and Offices of Inspectors of Police, Anti-Corruption Bureau,
a register of Seized Property should be maintained. As soon as any property is seized
during the course of investigation, the Investigating Officer should make entries in the
Register chronologically and blank spaces should not be left for entering subsequent
seizures in the case. Seizure of cash, jewellery and other valuables will also be entered
in this Register. These items will also include trap money. They should be kept in
sealed covers.

423. The Register should be maintained in the following proforma :-

_______________________________________________________________

Sl.No.
Case No. Details of Date of Reasons Order No. Date of Re-
Name and items sei- seizure. for pen- & Date of disposal marks
address of zed. dency. Closure
the Accused
Officer.
__________________________________________________________________
(1) (2) (3) (4) (5) (6) (7) (8)
__________________________________________________________________

424. Property taken by the I.Os for the purpose of investigation or

for producing in Court or for return to the party concerned, should be
entered therein. In case the property is produced in the Court as an
exhibit, the Legal Adviser – cum - Special Public Prosecutor concerned should
send a report in the matter. In cases where property has been given back to

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the I.Os for being returned to the parties concerned, the I.Os should produce the
acknowledgements of the party concerned. A complete file of seizure Memos should
also be maintained for the purpose of checking the Seized Property Register.

425. The Joint Directors will inspect / visit the offices of Inspectors and
Dy. Superintendents of Police twice in a year. The Inspection Reports have to be
prepared in two Parts, Part-I regarding review of cases and performance of the officer
in-charge of the seat and Part-II regarding Administration and Audit matters. Requests
of the Staff members will also be mentioned Part-II.

426. Four copies of Inspection Notes must be prepared in respect of offices of the
District Inspectors and 3 copies in respect of Range Offices. One copy will be retained
in the office inspected in a folder/register, one copy in the Range Office concerned ( in
the case of the Inspection of the District Office), one copy with the Joint Director
concerned and the last copy will be sent to the Head Office for Director’s perusal
through the Additional Director. The same procedure will apply in the case of visiting
notes also. After perusal by the Director, Part-I will be marked to the S.B. Section and
Part-II to the Dy. Director (Administration) for carrying out the instructions contained
therein.

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CHAPTER – XXVII

LOKAYUKTA VIS-À-VIS ANTI-CORRUPTION BUREAU

427. In Andhra Pradesh State, Andhra Pradesh Lokayukta and Upa-Lokayukta Act
1983 was passed and it has come into force from 1st November, 1983. Rules also were
made and they are in force from 20th January, 1984.

428. The Lokayukta is declared as a Court and the Proceedings before the Lokayukta
and Upa-Lokayukta are declared to be judicial Proceedings only for the purpose of
Section 193 I.P.C.

429. The Lokayukta and Upa-Lokayukta may investigate any action which is taken
by, or with the general or specific approval of, or at the behest of

(i) a Minister or a Secretary; or

(ii) a Member of either House of the State Legislature; or
(iii) a Mayor of the Municipal Corporation constituted by or under the relevant law for
the time being in force; or
(iv) any other public servant, belonging to such class or section of public servants, as
may be notified by the Government in this behalf after consultation with the Lokayukta,
in any case where a complaint involving an allegation is made in respect of such action
or such action can be or could have been, in the opinion of the Lokayukta, the subject of
an allegation.

430. The Lokayukta and Upa–Lokayukta can utilize the services of any Officer or
Investigating Agency of the State Government or any other person or agency for the purpose

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of making preliminary verification before conducting investigation under the Act. Even
Sub-Rule 7 (i) of Rule 7 of the Andhra Pradesh Lokayukta and Upa-Lokayukta
(Investigation) Rules, 1984, also provides for utilisation of services of any officer or
Investigating Agency of the State Government or the Central Government, with the
concurrence of that Government.

431. The Government of Andhra Pradesh in their Memorandum No.193/SC.D/84-4

General Administration (SC.D) Department, dated 7th May, 1984, decided that the
Lokayukta or the Upa-Lokayukta has the right to take the assistance of the
Anti-Corruption Bureau at the stage of preliminary verification also and directed the Anti-
Corruption Bureau to take necessary action on the complaints received from the
Lokayukta or Upa-Lokayukta.

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ANNEXURE ‘A’

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

ANTI-CORRUPTION BUREAU – FORMATION OF – X – BRANCH, C.I.D. –

ABOLITION OF- ORDERS - ISSUED.

GENERAL ADMINISTRATION (S.C-C) DEPARTMENT

G.O.Ms.No. 1880, Dated the 16th December, 1960.

Read the following :-

(i) G.O.Ms.No.1610, Home (Police-B) dated 10-10-1957.

(ii) G.O.Ms.No.1162, General Administration (S.C-C) dated 30-7-1960.

(iii) From the Special Officer, D.O. dated 24-9-1960.

(iv) From the Inspector General of Police, D.O. No.1109/GI/60,

dated 24-11-1960.

ORDER:

The question of reorganizing the existing Anti-Corruption Bureau machinery,

designated as the X-Branch, C.I.D., which is under the control of the Inspector General
of Police and functioning under a Superintendent of Police, to check effectively the
increasing evil of corruption in the services and to improve the moral tone of the
administration, has been under the active consideration of the Government for sometime
past. In the G.O. second cited, the Government sanctioned the creation of a temporary
post of Special Officer in the rank of a Deputy Inspector General of Police to Anti-
Corruption Bureau for the State and Sri S. Vijayarangam, I.P.S., Deputy Inspector
General of Police, was appointed as Officer on Special duty for the said purpose.
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The Special Officer was permitted to proceed to Bombay to study the set up of the
Maharashtra State and also the actual functioning of the Bureau to enable him to
formulate the proposals. With his D.O. 3rd cited, the Special Officer, has, accordingly,
submitted his proposals after visiting the Maharashtra State and studying the set up
there. The comments of the Inspector General of Police were also invited on the
proposals of the Special Officer. After careful consideration of the proposals of the
Special Officer and also the comments of the Inspector General of Police in regard to the
set up of an Anti-Corruption Bureau in this State and its scope and functions, the
Government have decided that the existing X-Branch, C.I.D., should be abolished and
that in its place, a new enlarged Department should be formed. The orders of the
Government on the proposals of the Special Officer regarding the administrative set up
of the new Department are detailed below.

2. NAME OF THE DEPARTMENT :

The new Department will be called “The Anti-Corruption Bureau” and it will function as a
separate department independent of the Police Department and will be under the direct
control of the Chief Secretary to Government in the General Administration Department.

3. SET UP OF THE ANTI-CORRUPTION BUREAU:

(i) Director : The Government have decided that the Head of the new Anti-
Corruption Bureau should be a senior Police Officer of the rank of Deputy Inspector
General of Police and designated as “Director, Anti-Corruption Bureau”. The Director is
invested with all the usual powers financial, administrative, etc., ascribed to a Head of a
Department and he will function as a head of a Department,

(ii) Deputy Director : The Government also accept the suggestion of the Special
Officer of the sanction of a post of a Superintendent of Police in the Senior
scale of the Indian Police Service. He will assist the Director and

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liaise with Heads of Departments, Regional Officers, Collectors, etc., during the course
of investigations etc., and exercise a close supervision over the day-to-day work of the
Deputy Superintendents of Police and their respective range units. He will periodically
tour and inspect the offices of the Deputy Superintendents of Police and give them
necessary instructions.

(iii) Drawing of officers of other Departments into the Anti-Corruption Bureau : The
Special Officer has suggested that four officers of other Departments may be drafted into
the Bureau on a full time basis to assist the Anti-Corruption Bureau in the investigation of
cases against officers of their respective departments and in the detection of any
lacunae in the administrative and financial proceedures followed in those Departments
and that they may be drafted from Public Works Department, Forest, Revenue and
Commercial Tax Departments. The Government, accept the suggestion of the Special
Officer and accordingly direct that, for the present, the following 4 officers should be
drafted into the Anti-Corruption Bureau.

1. One Executive Engineer, Public Works Department on the scale of Rs.500-50/2-

850;
2. One Deputy Conservator of Forests on the scale of Rs.600-1,000.
3. One Deputy Collector from the Revenue Department on the scale of Rs.300-50/2-
700 and
4. One Commercial Tax Officer from the Sales Tax Department on the scale of
Rs.300-50/2-700.

The Executive Engineer and the Deputy Conservator of Forests will be designated as
Additional Deputy Directors and the Deputy Collector and Commercial Tax Officer will be
designated as Assistant Directors.

The Government also direct that the drafting of officers to the Anti-
Corruption Bureau need not necessarily be confined to the Departments referred to
above, but may be drafted with reference to the needs from time to
time of the Anti -Corruption Bureau from other departments also

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(within the limit of four). The Director may submit proposals in this behalf as and when
the necessity for any change is called for.
All the above officers will be touring officers.
(iv) Decentralisation of Staff and Stationing of Officers at Range and District Levels :
The Special Officer has suggested that, on the pattern of the Anti-Corruption Bureau of
Maharashtra State, the strength of the Anti-Corruption may be decentralized and divided
into smaller units and that the officers of the Anti-Corruption Bureau to function
effectively, in that, the officers of the Anti-Corruption Bureau can gather intelligence and
pursue action then and there and without any avoidable loss of time. The Government
accept the suggestion of the Special Officer. The Ranges for the purposes of the Anti-
Corruption Bureau will consist of 3 or more districts and each range will be placed in
charge of a Deputy Superintendent of Police, who will be assisted by ministerial staff
consisting of one Upper Division Clerk and a lower Division Clerk who has knowledge of
typing work. The twin cities of Hyderabad and Secunderabad and the Hyderabad
District will form into a separate Range unit. An Inspector of Police will be placed in
charge of a district and he will be assisted by 1 Head Constable and 3 Police Constables
(including personal orderly). The rangewise division will be as follows:-
Name of the Range. Headquarters Districts comprising the Range
of the Range.
Waltair Range Waltair Visakhapatnam North
( Srikakulam) Visakhapatnam-
South and East Godavari
districts.
Vijayawada Range Vijayawada West Godavari, Krishna &
Guntur districts.
Kurnool Range Kurnool Kurnool East, Kurnool West
and Anantapur Districts.
Cuddapah Range Cuddapah Cuddapah, Nellore and
Chittoor districts.
Warangal Range Warangal Warangal, Adilabad,
Karimnagar and Khammam
districts.
Hyderabad Range Hyderabad Medak, Nalgonda, Nizamabad
And Mahabubnagar districts.
City Range Hyderabad Twin cities of Hyderabad and
Secunderabad and Hyderabad
district.

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4. The Government sanction the set up of the new department as indicated in Annexure
‘A’. The scale of Pay, Special Pay etc., for which the staff will be eligible are also
indicated in the Annexure. In addition to the Pay etc., the staff will be eligible to draw
Dearness and other allowances at the rates admissable to them.

The distribution of executive and ministerial staff at the Head Office and in the Ranges
and Districts is indicated in Annexure ‘B’.

5. Watchers :

The Special Officer has suggested that, as in the Maharastra State, 6 watchers may be
sanctioned. The Government do not consider it necessary to sanction the appointment
of watchers at present and they decided that the information which they were intended to
secure should be secured through means normally available to the Police. The Director,
Anti-Corruption Bureau, may submit proposals if and when the necessity for the sanction
of watchers arises.

6. Equipment for the Anti-Corruption Bureau ;

The Special Officer has suggested that one ultra violet lamp may be placed at the
disposal of the Branch of the Anti-Corruption Bureau in each district. The Government
accept his suggestion and also permit him to purchase ultra violet electric tubes at one
per district and arrange the manufacture of the ultra violet lamps by the Police Wireless
Officer. The Government sanction an amount of Rs.2,000 as non-recurring expenditure
for the above purpose.

The Special Officer also has suggested that the Anti-Corruption Bureau may be provided
with a powerful camera which could be operated with a telephoto lens, a cinemovie
camera and 2 tape recorders. The Government accept the suggestion and accordingly
sanction an amount of Rs.2,000/-, Rs.4,000/- and Rs.3,000/- respectively for the
purchase of the cameras and the tape recorders.
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7. PERMANENT ADVANCES :

The existing X, Branch CID, was sanctioned a permanent advance of Rs.1,000/- for
Travelling Allowance, a permanent advance of Rs.1,000/- for contingencies and an
imprest of Rs.300/- for open and special rewards.

The Special Officer has suggested that permanent advance for Travelling Allowance
and contingencies, Traps and Special Rewards may be placed at the disposal of the
officers of the Anti-Corruption Bureau at the following rates :-
__________________________________________________________________
Designation of Officer P.A. for T.A. P.A. for traps P.A. for Spl. Rewards
and Contingencies
__________________________________________________________________

Director -- 500.00 1,000.00 200.00

Each Range Officer - - 300.00 1,000.00 100.00

Each Inspector -- -- 200.00 50.00

The Government accept the suggestion of the Special Officer and accordingly sanction
of the following :-
__________________________________________________________________
Name of Officer P.A. for T.A. P.A. for traps P.A. for Rewards
and Contingencies S.R.
__________________________________________________________________

Director -- 500.00 1,000.00 200.00 1,700.00

Range Officers.
Waltair -- 300.00 1,000.00 100.00 1,400.00
Vijayawada -- 300.00 1,000.00 100.00 1,400.00
Cuddapah -- 300.00 1,000.00 100.00 1,400.00
Kurnool -- 300.00 1,000.00 100.00 1,400.00
Warangal -- 300.00 1,000.00 100.00 1,400.00
Hyderabad -- 300.00 1,000.00 100.00 1,400.00
City -- 300.00 1,000.00 100.00 1,400.00
25 Inspectors at
Rs.250 each -- 5,000.00 1,250.00 6,250.00
_______________________________________________
2,600.00 13,000.00 2,150.00 17,750.00
_______________________________________________

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The prescribed financial procedure should be scrupulously followed in

administering the above permanent advances.

The Government also permit the non-gazetted officers and men to use Railway
warrants and bus warrants.
8. VEHICLES :
The Special Officer has suggested that sanction may be accorded for the purchase of
an Ambassador car and a station wagon (Dodge) for the use of the Head Office and the
City Range Unit and ‘one’ jeep for each for the other six ranges. The Government
accept his suggestion and accordingly convey their sanction for the purchase of one
Ambassador Car, one station wagon (Dodge) and 5 jeeps. The jeep now under the
control of the Superintendent of Police, X-Branch, CID, shall be transferred to the Anti-
Corruption Bureau for allotment to one of the 6 ranges.

9. ACCOUNTING PROCEDURE :
The Director will be the drawing officer for the drawal of pay and allowances for the non-
gazetted staff working in his Office. He will be the controlling authority in respect of his
Travelling Allowance claims and those of his Gazetted Assistants. The Deputy Director
will be the controlling authority for the Travelling Allowance claims of all non-gazetted
officers. Each Deputy Superintendent of Police in charge of the range will be the
drawing officer for the drawal of pay and allowances of both the executive and the
ministerial staff of the range and he will have the powers of a head of office in regard to
contingent expenditure in respect of office and establishment.

10. The expenditure will be debited to a separate Sub-head of account viz., “Anti-
Corruption Bureau” to be opened under Major Head – “25 General Administration –
Secretariat and Headquarters Establishment – J – Civil Secretariat with the usual
primary and secondary units of appropriation.

11. The expenditure is on a New Service, pending the vote of Legislature for a
supplementary grant, the expenditure during the current yea r should initially be met from an

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advance from the Contingency Fund, orders regarding which will be issued separately
from the Finance Department.
12. The Anti-Corruption Bureau will come into being with effect from 2-1-61 and on the
same date, “the X-Branch C.I.D. will stand abolished. The cases pending with the X.
Branch, C.I.D. on that date shall be made over to the Anti-Corruption Bureau.
13. Orders regarding the scope and functions of the Anti-Corruption Bureau will issue
separately.
14. This issues with the concurrence of the Finance Department.

(By order and in the name of the Governor of Andhra Pradesh)

M. PURUSHOTHAM PAI,
Chief Secretary to Government.
To
The Inspector General of Police, Andhra Pradesh, Hyderabad.

IMMEDIATE:

Endorsement Rc.No.1212/R/60
Copy Communicated to the S.X.B. C.I.D. Hyderabad for necessary action.

2. It is observed that the set up of the Anti-Corruption Bureau has not been
specifically sanctioned on a permanent basis. In as much as all the posts in the X-
Branch, is abolished, please state whether all the permanent posts in the X-Branch,
have been filled up substantively. If there are substantive vacancies, they may not be
filled up. A report in this regard should be sent urgently.
3. Attention is invited to para 12 of the Government order.
The X-Branch will stand abolished with effect from 2-1-1961.
The cases pending with the X-Branch, on that date shall be handed over to the
Anti-Corruption Bureau. A report in this regard should be sent immediately after the
orders of the Government are complied with.
V.S. RAMAMURTHY,
for Inspr. Genl. of Police.
Office of the I.G. of Police,
Andhra Pradesh,
Hyderabad-Dn.
Dt. 21-12-1960.
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180
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ANNEXURE – II
(Please see chapter-II para No.17 page No.9)
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
ANTI-CORRUPTION BUREAU – Jurisdiction of the Office of the Anti-Corruption Bureau
in Andhra Pradesh – Amended – Notification – Issued.

HOME (POLICE-D) DEPARTMENT

G.O.Ms.No.341 Dated 23-5-1984.
Read the following :
1. G.O.Ms.No.1436 Home (Pol.D) Dept., dt. 14-9-1977.
2. From the Director, Anti-Corruption Bureau, A.P., Hyderabad
Lr.No.19/RPC/84, dt.6-3-1984.

ORDER :
The following Notification will be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred by clause (s) of section 2 of the Code of Criminal
Procedure, 1973, and in supersession of all previous orders on the subject, the
Governor of Andhra Pradesh hereby declares that the offices specified in the Schedule
below shall be Police Stations and that they shall include within their limits, the areas
specified in column (3) against each of the office mentioned in column (2) thereof –
THE SCHEDULE

Sl.No. Name of the Office Jurisdiction

(1) (2) (3)

1. Office of the Director, All areas in the whole of the

Anti-Corruption Bureau, State of Andhra Pradesh.
Hyderabad.

2. Office of the Addl. Director, Do

Anti-Corruption Bureau, Hyderabad.

3. Offices of the three Joint Directors Do

A.C.B., Hyderabad.
4. Office of the Dy. Director, Do
Administration & Operations,
A.C.B., Hyderabad.
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(1) (2) (3)

5. Office of the Dy. Director Within the twin cities of Hyderabad

A.C.B. City Range, Hyderabad. and Secunderabad.

6. Office of the Dy. Supdt. of Police, Do

A.C.B. City Range-I, Hyderabad.

7. Office of the Dy. Supdt. of Police, Do

A.C.B. City Range-II, Hyderabad.

8. Office of the Dy. Supdt. of Police, Ranga Reddy, Mahbubnagar

A.C.B. Hyderabad Range, and Nalgonda districts.
Hyderabad.

9. Office of the Dy. Supdt. of Police, Nizamabad, Medak and

A.C.B. Nizamabad Range, Nizamabad. Adilabad districts.

10. Office of the Dy. Supdt. of Police, Warangal, Khammam

A.C.B. Warangal Range, Warangal. and Kareemnagar districts.

11. Office of the Dy. Supdt. of Police, Kurnool and Anantapur

A.C.B. Kurnool Range, Kurnool. districts.

12. Office of the Dy. Supdt. of Police, Chittoor and Cuddapah

A.C.B. Tirupati Range, Tirupati, districts.
Chittoor district.

13. Office of the Dy. Supdt. of Police, Nellore and Prakasam

A.C.B. Nellore Range, Nellore. districts.

14. Office of the Dy. Supdt. of Police, Krishna and Guntur

A.C.B. Vijayawada Range, districts.
Vijayawada, Krishna district.

15. Office of the Dy. Supdt. of Police, East Godavari and West Godavari
A.C.B. Rajahmundry Range, district.
Rajahmundry, East Godavari
district.

16. Office of the Dy. Supdt. of Police, Visakhapatnam, and Vizianagaram

A.C.B. Waltair Range, Visakhapatnam. districts.

17. Office of the Range Inspectors of With in the areas of the

Police, A.C.B. City Range, twin cities of Hyderabad
Hyderabad and Secunderabad and the
district of Hyderabad
18. Offices of the Inspectors of Police,
A.C.B. City Range, Hyderabad. Within the areas of the
twin cities of Hyderabad and
Secunderabad.
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(1) (2) (3)

19. Offices of the Range Inspectors of Ranga Reddy, Mahbubnagar

Police A.C.B. Hyderabad Range, Nalgonda districts.
Hyderabad.

20. Office of the Inspector of Police, A.C.B. Ranga Reddy district.

Ranga Reddy District, Hyderabad.

21. Office of the Inspector of Police, Mahaboobnagar district.

A.C.B. Mahaboobnagar.

22. Office of the Inspector of Police, Nalgonda district.

A.C.B. Nalgonda.

23. Office of the Range Inspectors of Police, Nizamabad, Medak and .

A.C.B. Nizamabad Range, Nizamabad. Adilabad districts.
24. Office of the Inspector of Police, Nizamabad district.
A.C.B. Nizamabad

25. Office of the Inspector of Police, Medak district.

A.C.B. Sangareddy, Medak District.

26. Office of the Inspector of Police, Adilabad district.

A.C.B. Adilabad.

27. Office of the Range Inspectors of Police, Warangal, Khammam and

Warangal Range, Warangal. Karimnagar districts.

28. Office of the Inspector of Police, Warangal district.

A.C.B. Warangal.

29. Office of the Inspector of Police, Khammam district.

A.C.B. Khammam.

30. Office of the Inspector, A.C.B. Karimnagar district.

Karimnagar

31. Office of the Range Inspectors of Police, Kurnool and Anantapur districts.
A.C.B. Kurnool Range, Kurnool.

32. Office of the Inspector of Police, Kurnool district.

A.C.B. Kurnool.

33. Office of the Inspector of Police, Anantapur district.

A.C.B. Anantapur.

34. Offices of the Range Inspectors of Police, Chittoor and Cuddapah districts.
A.C.B. Tirupathi Range, Tirupathi,
Chittoor district.

35. Office of the Inspector of Police, Chittoor district.

A.C.B. Tirupathi Chittoor, district.
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(1) (2) (3)

36. Office of the Inspector of Cuddapah district.

Police, A.C.B. Cuddapah.

37. Offices of the Range Inspectors of Police, Nellore and Prakasham districts.
A.C.B. Nellore Range, Nellore.

38. Office of the Inspector of Police, Nellore district.

A.C.B. Nellore.

39. Office of the Inspector of Police, Prakasham district.

A.C.B. Ongole, Prakasham District.

40. Offices of the Range Inspectors of Police, Krishna and Guntur districts.
A.C.B. Vijayawada Range, Vijayawada.

41. Office of the Inspector of Police, Krishna district.

A.C.B. Vijayawada, Krishna district.

42. Office of the Inspector of Police, Guntur district.

A.C.B. Guntur.

43. Offices of the Range Inspectors of Police, East Godavari and West Godavari
A.C.B. Rajahmundry Range, Rajahmundry districts.
E.G. district.

44. Office of the Inspector of Police, East Godavari district.

A.C.B. Kakinada.

45. Office of the Inspector of Police, West Godavari district.

A.C.B. Eluru.

46. Offices of the Range Inspectors of Police, Visakhapatnam, Srikakulam and

A.C.B. Waltair Range, Visakhapatnam. Vizianagaram districts.

47. Office of the Inspector of Police, A.C.B. Visakhapatnam district.

Visakhapatnam

48. Office of the Inspector of Police, Srikakulam district.

A.C.B. Srikakulam.

49. Office of the Inspector of Police, Viziangaram district.

A.C.B. Vizianagaram.

50. Office of the Inspector of Police, All areas in the whole of the State of
(Operations) Head Office, A.C.B. Andhra Pradesh.
Hyderabad.

C.ARJUN RAO,
Secretary to Government.
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To,

The Director of Printing, Stationery and Stores Purchase, Hyderabad,

for publishing the notification in the Andhra Pradesh Gazette

The Director – General & Inspector-General of Police, Hyderabad.

The Director, Anti-Corruption Bureau, Hyderabad.
Copy to :-

The General Administration (SC.D) Department.

The Dharma Maha Matra, Secretariat Buildings, Hyderabad.

The General Administration (SC.C) Department.

FORWARDED BY ORDER

(Sd/-)
Section Officer.
_____________________________________________________________

Office of the Director,

Anti-Corruption Bureau,
A.P., Hyderabad.

Rc.No.19/RPC/84

Copy to all Joint Directors, Dy. Directors, A.C.B. City Range and Operations, all Legal
Officers, all D.S.Ps. and Inspectors of Police, A.C.B, Hyderabad for information.

Sd/-
for Director,
Anti-Corruption Bureau,
A.P., Hyderabad.

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ANNEXURE – III

(Pro forma for D.E. Reports)

(Please see Chapter No.IV para No.42 Page No.21.)

No. Date.

1. Name of Accused Officer ---

with designation and Department.

2. Nature of allegations ---

3. Evidence available in support of the

allegations ---

(a) Oral ----

(b) Documentary ----

4. Further evidence, likely to be available

5. Recommendations ---

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ANNEXURE – IV

(Six Proforma & Statements).

(Please See Chapter No. V Para No. 45 Page No.21).

STATEMENT No.I

STATEMENT OF IMMOVABLE PROPERTY BELONGING TO THE UNDERSIGNED AND HIS

PARTNERS

EITHER IN THEIR OWN NAMES OR IN THE NAMES OF OTHERS AS ON

…………………………………….

Details of Held Date of Mode of Name Whether Price paid Source Whether
property in acquisition. acquisition and within local for the from information
whose (whether address limits of property or which was given
name. acquired of the jurisdiction. if acquired payment to Govt.
by person otherwise was and
purchase from than by made for sanction
or whom purchase, the obtained (if
inheritance acquired. mortgage property necessary).
or gift, or lease, and
lease, its value at mode of
mortgage, the time of payment.
or any acquisition.
other
means).
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Houses or shops
or other Buildings
(with full
address).

(a)
(b)
(c)
(d)
(e)
Lands or Plots :
(With full
address)

(a)
(b)
(c)
(d)
(e)
Any Other kind of
Immovable
Property.
 189

Note :- Details of acquisitions of properties standing in the name of Hindu Signature

…………………….........
undivided family or partnerships, in which the officer holds a claim Date
………………………………..
or share, should be separately shown in this statement. Full name
…………………………
Designation
……………………….
Address
……………………………
 190

STATEMENT No.II

STATEMENT OF IMMOVALE PROPERTY POSSESSED BY THE UNDERSIGNED AND HIS

DEPENDENTS EITHER IN THEIR OWN NAMES OR IN THE NAMES OF OTHERS AND DISPOSED
OFF BETWEEN …………………………………………………….. AND
…………………………………………………..

Details of Held in Date Sale price or How Name and Was Mode of Date of If Name and Whether
property whose of value at the was address of Government acquisi- acquisi- acquired address of sanction
disposed name. dispos time of sale person to sanction tion of tion. by the the person for
off. -al or disposal if price whom the obtained for property purchase from whom purchase
sale. otherwise utilized property disposing of the it was or
disposed of or was sold the property. purchase acquired or acquisitio
and mode of invested or (Give price if purchased. n was
payment of otherwise reference & acquired obtained
price. disposed date of otherwis from
off. Government e, value Governm
sanction, if at the ent if it
accorded). time of was
purchase required
. under the
rules
(give
reference
and date
of
Governm
ent
sanction
if any).
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
Houses
or shops
or other
Buildings
(with full
address).

(a)
(b)
(c)
(d)
(e)
Lands or
Plots :
(With full
address)

(a)
(b)
(c)
(d)
(e)
 191

Any
Other
kind of
Immovab
le
Property.

Note :- Details of disposal of properties standing in the name of Hindu Signature

…………………….........
undivided family or partnerships, in which the officer has claim Date
………………………………..
or interest should be shown separately in this statement. Full name
…………………………
Designation
……………………….
Address
……………………………
192
193
194
195
196
197
198
199
200
 201

STATEMENT No.VII

(To be prepared by the investigating officer himself)

Statement of total income of Shri/Smt__________________ and his Dependents

FROM_____________________TO____________________________

Amount Amount Remarks

1. Salary and Allowances (gross)

Less Deductions at source on account of:
(i) Income Tax
(ii) Provident fund
(iii) Insurance Primia
(iv) House Rent :
Net Salary & Allowances*

2. Income tax refund

3. Income from land House or other Buildings including rent
4. Interest :
(a) On securities
(b) On Bank Deposits
© Post Office Deposits
(d) Loans and Advances
5. Dividend on Shares.
6. Sitting member or Director’s fee.
7. Profit as a result of sale of an asset (movable or immovable)
(If the asset had been acquired prior to the ‘Period of Check’
the entire sale proceeds realized may be shown here. On the
other hand if the asset was acquired and also during the ‘Period
of Check’ only the profit resulting from the transaction is to be
shown).
8. Value of property movable or immovable, acquired by interitence
or legacy or gift :
9. Proceeds of matured Insurance Polices.
10. Withdrawals or actual receipts from provident fund :
11. Stridhan or Dowry
12. Debts or loans taken
13. Cash gifts or other financial gains received.
(Mention only gains not included in transactions already listed).
14. Any other source (Give details)

Total :

*Note:--- If details of gross salary and deductions are not available, net salary and deductions are
not available, net salary only may be recorded.
202
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STATEMENT NO.VIII

(To be prepared by the Investigating Officer himself)

STATEMENT OF TOTAL EXPENDITURE OF SHRI/SMT__________FROM______TO_____

___________________________________________________________________________

Head of Account Amount Remarks

1. Income Tax :
(Only payments made subsequently, deductions at source
not to be taken account of, if already considered in
Statement No.III).
2. Insurance Premia : @
(In respect of Insurance Policies of all kinds details to be
Given with Policy No., Assured amount, Premium and
Date of Policy,
3. House Rent, Garage Rent, Electricity and Water Charges
and other Municipal Taxes where payable : @
4. Expenses on Education of Dependents.
5. Expenditure on marriages of Dependents.
6. Expenditure on Religious and any other Special Ceremonies
(Give details):
7. Gifts and presents made.
8. Expenditure on Maintenance of Conveyance :
9. Expenditure on maintenance and repairs of Luxury Articles :
like Air-Conditioners, Refrigerators, Radiograms, Tele- :
visions, etc., Etc.,
10. Expenditure on maintenance and repairs of Lands, Houses,
Buildings, Farms, Etc.
11. Loss suffered as a result of sale of movable or immovable
Property :
(Here only losses suffered by the delinquent official in respect
of assets which were purchased and also sold during the
‘Period of Check’ have to be shown).
12. Repayment of Debts or Loans :
13. Club and Hotel Bills :
14. Household Expenses *
(Excluding the items which have been covered in Sl.Nos.1 and
13 above).
15. Any other Expenditure :
(Not listed in any of the above items).

Note : @____ Here only the amounts not deducted out of salary 1. Total number of dependents.
bills should be included. 2. Number of domestic servants.
*______ While making an estimate of household 3. Pleasure trips.
Expenses the following factors, among 4. Standard of living, considering the
others, have to be specially kept in view: place posting, etc.
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STATEMENT NO.IX.

(To be prepared by the Investigating Officer Himself)

STATEMENT OF LIKELY SAVINGS OF SHRI/SMT-----------------FROM-----------TO------

A B.

1. Total as per Statement No.VII. 1. Total of immovable Assets.

(Total income during the period (As worked out from Statement
of Check) -------------- No.I) ----------------

2. Total as per Statement No.VIII 2. Total of Movable Assets

(Total expenditure during the (As calculated from Statement
Period of check) --------------- No.III & V) ---------------

3. (a) Balance____ (Likely Over- 3. OTHER MOVABLE OR IMMO-

Spending) (2-1) --------------- VABLE ASSETS
(Discovered during Investigation
Or and not shown in Statements I. ----------------
III & V)

4. Value of total Assets as at the

end of the period of check.
(b) Balance___(Likely Savings) -------------- (1 + 2 + 3 )

(1—2) 5. Value of total Assets at the

beginning of the ‘Period of Check’

(As worked out with the help of

various statements No.I to VI)

6. Total value of Assets acquired

during the period of check (6-5).----------------

Disproportionate Assets.

B.6 ------ A.3 (b)

__________________________
Or
B.6 + A.3 (a). as the case may be
__________________________
 206

ANNEXURE – V

PRELIMINARY PANCHANAMA

(Please see Chapter No. VII, Para No. 84 Page No.33)

Panchanama drawn in the office of the ----------- on _______ at about

___________________ in the presence of Sarvasri ___________________________
The complainant____________________________S/o _________________
r/o ________________ was introduced to us i.e. Panchayatdars at about
____________________ in the office room of the _________________. The copy of
complaint, dated ______________ of the complainant was shown to us and the
contents of the said petition was read over explained and translated. The complainant
admitted before us that the facts mentioned in his complaint, dated _____________ are
true and written in his own hand. He stated that he voluntarily presented the petition in
question to the _____________ and produced ____________ currency notes before us
stating that he is going to offer as Mamool/bribe/illegal gratification to Sri
_____________ as per his demand at his ___________ situated in ______________.
The number of the currency notes are given below:

(1)
(2)
(3)
(4)

The above mentioned currency notes were smeared with Phenolphthalein

powder Sri ------------------------------------------- mediator, was asked by the DSP, ACB -----
--------------------------------------------------- to count the said notes and dip his fingers
in the colourless sodium carbonate solution prepared in a glass tumbler
in our presence. The solution became pink in colour when Sri ----------------------------------
------------------------ dipped his fingers in the said solution after counting the
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notes. Thus the reaction of phenolphthalein powder to sodium carbonate solution has
been demonstrated to us. The purpose of the above test was also explained to us.
After conducting the said demonstration the currency notes treated with
Phenolphthalein powder were handed over to the complainant Sri --------------------- with
instructions to pay the said amount of Rs.____________ to Sri _______________ on
his demand at his __________________ and not otherwise. He is also instructed to
give signal by taking out his hand-kerchief and wiping his face after coming out o the
office to indicate the demand and acceptance of the bribe amount by Sri ___________.
The samples of phenolphthalein powder and sodium carbonate powders used for the
above demonstration were separately taken and preserved in separate covers, sealed
and attested by us.

The A.C.B., Officers____________________________ demonstrated the above

test washed their hands in our presence. Panchanama was commenced at ________
and closed at about _________ .

Sd/- DSP, ACB

Sd/- Inspectors, ACB
Sd/- Panchayatdars.

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ANNEXURE – VI

DETAILED PANCHANAMA

(Please see Chapter No. VII Para No. 89 Page No.36)

Panchanama drawn at about _____________ on ____________ in the office

room of __________________ in the presence of ___________________ .

After completing the first panchanama in the office of DSP, ACB

___________________ at about ______________ the complainant
_________________ was instructed to leave the ACB Office with the money which he
intended to give as bribe to Sri ___________________ only on his demand at his office.
The DSP, ACB ___________ with the mediators and ACB Officers _______________
left the ACB Office by car and followed the complainant Sri _______________ At
about _______________________ the complainant ____________ was allowed to go
to comply with the demand of mamools/bribe|illegal gratification by Sri
_______________ in his office only on his demand. He was seen entering into the said
building in which Sri ____________________ is working. Inspector Sri
________________ and mediators Sri _______________________ were standing just
opposite to the said building at a distance of about _____________, while others were
at a distance of about ____________ for receiving the pre-arranged signal by the
complainant Sri ----------------------------------------- After about five munutes after entering
the said building, the complainant Sri __________________ came out of the office
room of Sri ____________________ and gave the pre-arranged signal indicating the
demand and acceptance of the bribe amount of Rs.__________ (Rupees) by Sri
______________. On receipt of the signal the DSP, ACB ______________ with the
mediators and other ACB officers mentioned above rushed into the said building. The
complainant Sri ____________________ was present in front of the office
room of ___________________ Sri ---------------------------------------------- was present in
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his office room and was found seated on his chair. The DSP, ACB
____________________ introduced them as ACB officers and ourselves as
panchayatdars. Sri _______________________ made attempt to rub his hands with
his pant. He was prevented doing so by __________________ and Sri
___________________ of ACB. On enquiry the complainant Sri
______________________ told before us that he paid an amount of
Rs._______________ as bribe towards _________________ to Sri _____________ on
his demand in his office room, which he has accepted and kept the currency notes in his
hip-pocket after counting. Immediately sodium carbonate solution was prepared in a
glass tumbler obtained from the same office in our presence. The said solution was
prepared by Sri ________________ of ACB. Sri _____________________ was then
requested to rinse the fingers of both his hands in the said solution. When he did so the
white colourless solution became pink. This test was done in our presence. Sri
_________________________ could not give any explanation, when questioned as to
why the colourless solution turned pink in colour when he rinsed his fingers in the
solution. When he was questioned regarding the bribe amount which he received from
the complainant he denied to have received any amount from the complainant. There
upon the complainant Sri ____________________ pointed out that Sri
___________________ received the amount and kept the same in his hip-pocket of the
trousers which he is wearing. Sri ______________________ mediator searched the
contents of the hip-pockets of the trousers of Sri ________________________ and
found a wad of _____________________ currency notes along with some more and
papers as detailed below:
Description of denomination notes:
(1) (2)
(2) (4)

DOCUMENTS:
(1)
(2)
(3)
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On comparison the numbers of _______________________ currency notes as

mentioned from Sl.No. were found to tally with the numbers of the notes recorded in the first
panchanama conducted in the office room of the DSP, ACB _______________________ from
______________ to ________________________ Sri _________________________ when
questioned about the said currency notes could not give any explanation and kept quite in a
nervous mood. The above currency notes and the other money and papers recovered from the
hip-pocket of the trousers of ____________________ have been seized. The trousers worn by
________________________ was taken from him after providing a lungi for his wear. The hip-
pocket of the trousers which is a cotton cloth was also subjected to phenolphthalein test is a
coon cloth was also subjected to phenolphthalein test just in the same way as the test
conducted on the fingers of _________________________ in a sodium carbonate solution
prepared in a separate glass tumbler. During the test the colourless solution turned pink in
colour when the cloth was dipped and washed in the sodium carbonate solution. The test was
conducted by Sri _________________ mediator. The trouser was also seized and it bears the
tailor mark of ___________________ The pant is _________ in colour. The sample of sodum
carbonate power used for the above tests has been taken in a separate envelope which is
sealed and attested by us. Sri ________________ has been arrested by the DSP, ACB
_______________ and released after taking personal surety bail bond.

The panchanama has commenced at ________________ and closed at

_____________ .

Sd/- Panchayatdars.
Sd/- DSP, ACB.
Sd/- Inspectors ACB.

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ANNEXURE VII
(Extract of the Provisions of Pension Code.)
(Please see Chapter No. XX Para No.340 Page No.129)

Article No. 351: (1) Future good conduct shall be an implied condition of every
grant of pension. The pension sanctioning authority may, by order in writing, withhold or
withdraw a pension or part thereof whether permanently or for a specified period, if the
pensioner is convicted of a serious crime or is found guilty of grave misconduct.

Provided that no order shall be passed under this clause by an authority subordinate to
the authority competent to make an appointment to the post held by the pensioner
immediately before his retirement from service.

(2) Where a pensioner is convicted of a serious crime by a Court of Law, action under
clause (1) shall be taken in the light of the judgement of the court relating to such
conviction.

(3) In case not falling under clause (2), if the competent authority under clause
(1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before
passing an order under clause.

(1) (a) Serve upon the pensioner a notice specifying the action proposed to be
taken against him and the ground on which it is proposed to be taken and calling upon
him to submit within fifteen days of the receipt of the notice or such further time not
exceeding fifteen days as may be allowed by the pension sanctioning authority, such
representation as he may wish to make against the proposal; and

(b) take the representation, if any, submitted by the pensioner under sub-clause (a)
into consideration.

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 212

(4) Where the authority competent to pass an order under clause (1) is the
Government, the Andhra Pradesh Public Service Commission shall be consulted before passing
the order.

(5) An appeal, against an order under clause (1) passed by any authority other than
the Government, shall lie to the Government and the Government shall, in consultation with the
Andhra Pradesh Public Service Commission, pass such orders on the appeals as they deem fit.

Explanation._____ In this article, the expression ‘Serious crime’ includes a crime involving
anoffence under the Official Secret Act, 1923 (Central Act No.19 of 1923) and the expression
‘grave misconduct’ includes the communication or disclosure of any secret official code of pass
word or any sketch, plan, model, article, note document or information, such as is mentioned in
section 5 of the said Act (which was obtained while holding office under the Government) so as
to prejudicially affect the interests of the general public or security of the State.

(G. O. Ms. No. 298, Finance, dated 22nd June, 1972)

RULING

The reduction of pension under this article shall be effected in whole rupees only:

(G.O.Ms.No.39, Finance, dated Ist February 1973)

Article 351-A--- The State Government further reserve to themselves the right of
withholding or withdrawing a pension or any part of it, whether permanently or for a
specified period and the right of ordering the recovery from a pension of the whole or
part of any pecuniary loss caused to Government* (and to the local authority) if, in a
departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or
negligence during the period of his service including service rendered upon re-
employment after retirement:

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 213

Provided that:

a) such departmental proceedings, if instituted while the officer was in service, whether
before his retirement of during his re-employment shall, after the final retirement of the
officer, be deemed to be a proceeding under this article and shall be continued and
concluded by the authority by which it was commenced in the same manner as if the
officer had continued in service;

b) such departmental proceeding, if not instituted while the officer was in

service, whether before his retirement or during his re-employment.

i) shall not be instituted save with the sanction of the Government.

ii) Shall not be in respect of any event which took place more than four years before
such institution; and

iii) shall be conducted by such authority and in such place as the State Government
may direct and in accordance with the procedure applicable to departmental
proceedings in which an order of dismissal from service could be made in relation to the
officer during his service;

c) no such judicial proceedings, if not instituted while the officer was in service,
whether before his retirement or during his re-employment, shall be instituted in respect
of a cause of action which arose or an event which took place more than four years
before such institution;
d) the Andhra Pradesh Public Service Commission shall be consulted before final
orders are passed.
Explanation.--- For the purpose of this article:

a) a departmental proceedings shall be deemed to be instituted on the date on

which the statement of charges is issued to the officer or pensioner, or, if the officer has
been placed under suspension from an earlier date, on such date; and
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b) a judicial proceeding shall be deemed to be instituted:

(i) in the case of a criminal proceeding, on the date on which the complaint
or report of police officer on which the Magistrate takes cognizance, is made and

(ii) in the case of a Civil proceedings, on the date of presentation of the plaint
in the Court.
(G.O.Ms.No. 391, Finance, dated 7th June, 1963)

RULINGS

1. The reduction of pension under this article shall be effected in while rupee only.

(G.O.Ms.No.39, Finance, dated 1st February, 1973 )

2. If an officer against whom an enquiry is held is unable to satisfactorily account

for possession by himself or by any other person on his behalf, e.g., dependents, of
pecuniary resources of property disproportionate to his known sources of income, a
charge of corruption should be presumed to have been proved against him and the
case will come within the purview of Article 351-A of the Civil Service Regulations. The
position is that the term ‘grave misconduct’ used in Article 351-A of the Civil Service
Regulations is wide enough to include ‘corrupt practices’. In cases where the charges
of corruption is proved only after pension has been sanctioned and it is not therefore
possible to invoke the provisions of Article 470 of the Civil Service Regulations, action to
withhold or withdraw pension may be taken under Article 351-A, Civil Service
Regulations. In this connection, the provisions of sub-paragraph (b) (ii) and
paragraph ( c ) of the proviso to Article 351-A of the Civil Service Regulations
are to be noted carefully. In accordance with those provisions the property
or pecuniary resources in respect of which the departmental or judicial proceedings are
instituted under Article 351-A of the Civil Service Regulations should
have been in possession of the person concerned or any other person
on his behalf, anytime within the period of four years before the institution of such
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Proceedings if not instituted while the officer was on duty either before retirement or
during re-employment. (G.O.Ms.No.236, Finance Department, dated 29th September,
1973).

3. The death-cum-retirement gratuity admissible under the Andhra Pradesh

Liberalised Pension Rules, 1961, has been consistently viewed as a git and not a debt.
It follows that no individual has a right to claim the whole or any part of it. It would,
therefore, be open to Government to decline to pay it even in the absence of a specific
rule to that effect. It may not, therefore, be necessary to go into the question whether
the term pension occurring in Article 351-A, Civil Service Regulations includes the
death-cum-retirement gratuity or not.

It means Government have got full right to withhold the dealth-cum-retirement

gratuity in full or part or to recover the pecuniary losses from the death-cum-retirement
gratuity irrespective of the position whether the word ‘Pension” in Article 351-A, Civil
Service Regulations includes death-cum-retirement gratuity or not. (G.O.Ms.No.307,
Finance Department, dated 21st December, 1973).

4. According to proviso (a) of Article 351-A, Civil Service Regulations, departmental

proceedings, if instituted while the officer was in service, whether before his retirement
or during his re-employment shall, after the final retirement of officer, be deemed to be
proceedings under the said Article and shall be continued and concluded by the
authority by which it was commenced in the same manner as if the officer had
continued in service. A question has been raised whether in the case of an officer
whose case proceedings against whom were instituted by an authority subordinate to
the Government, order for withdrawal with holding of pension can be passed by the
subordinate authority on the conclusion of the proceedings, or that authority should refer
the case to the Government for final orders.
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The function of the Disciplinary Authority is only to reach a finding on the

charges and to submit a report recording its findings to the Government. It is then for
the Government to consider the findings and take a final decision under Article 351-A,
Civil Service Regulations. In case Government decide to take action under Article 351-
A, Civil Service Regulations, in the light of the findings of the Disciplinary Authority, the
Government will service the person concerned with a show-cause notice specifying the
action proposed to be taken under Article 351-A, Civil required to submit his reply to the
show-cause notice within such time as may be specified by the Government. The
Government will consider the reply and consult the Andhra Pradesh Public Service
Commission. If as a result of such consideration in consultation with the Commission, it
is decided to pass an order under Article 351-A, Civil Service Regulations, necessary
orders will be issued in the name of the Government.

(G .O. Ms. No.306, Finance Department, dated 21st Dec, 73)

Article No. 470:---- (A ward of full pension)

a) The full pension admissible under the rules is not to be given as a matter of
course, or unless the service rendered has been really approved.

b) If the service has not been thoroughly satisfactory, the authority sanctioning
the pension should make such reduction in the amount as it thinks proper. Note: (a)
Article 470 cannot be used directly to effect a penal recovery, but the Government are
justified in making proof of a specific instance of fraud or negligence by an officer, the
ground for a finding that his service has not been thoroughly satisfactory with the
meaning of the article for the purpose of reducing the pension:

c) the measure of the reduction in the amount of pension made under

the article should be the extent by which the officers’ service as a whole
has failed to reach a thoroughly satisfactory standard, and any attempt to equate

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 217

the amount of reduction with the amount of loss caused to the Government is incorrect.

d) the article contemplates permanent reduction in the amount of pension ordinarily

admissible and does not admit of the reduction of the pension payable in respect of any one
particular year.

e) the article does not operate to authorize a reduction of ordinary pension either to
nothing or to a nominal amount.

(G. O. Ms. No. 558, Finance, dated 30th October, 1963)

RULINGS

1. The power to reduce pension has not been delegated by Government to subordinate
authorities.
(G.O. No.133, Finance (Pension), dated 16th March, 1920,
No. S. 127 of 1919 – 20)

In the case of non-gazetted officers whose pension can be sanctioned by the authorities
competent to fill the posts vacated by the retiring officers when such authorities are of a rank
less than he Heads of Departments, their pension can be reduced up to 10% by the authority to
whom appeals lie in cases of punishments under the Civil Service (Classification, Control and
Appeal) Rules inflicted by the said authority competent to sanction the pension.

(G. O. Ms. No.335, Finance, dated 12th October, 1964) .

2. With reference to article 470 (b), if the authority or officer empowered in paragraph 1
supra considers that it is open to question whether the full pension admissible under regulations
should be granted to an officer, owing to his unsatisfactory character and conduct, the pension
application shall be submitted to the Government for orders with a concise statement of the
unfavourable circumstances appearing against that officer, and a sufficient explanation thereof
to enable the Government to form an opinion as to the priority of reducing the pension.
 218

{G. O. No. 526 (Pension), dated 16th July, 1914, and No. 746 (Pension), dated 14th
November, 1914, A. Gs. Pen. Mis. No. 1-1 of 1908-15)-}
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3. For instructions regarding the grant of full pension in case where losses are caused
to Government as a result of negligence or fraud on the part of the person concerned while in
service, etc., attention is invited to G.O.No.845, Finance (Pension), dated 29th October, 1935. A
Gs. Case PV 6-5 of 1935-36.

4. Not printed.

5. Please see ruling 2 under article 441.

6. In all cases of reduction of pension under this article, the officer concerned
shall be informed in writing by the competent authority to reduce the pension, of the
proposal to take such action in regard to him and of the allegations on which the action
is proposed to be taken and is given an opportunity to make any representation he may
wish to taken into consideration by such authority.

7. The reduction of pension under this article shall be effected in while rupees only.

(G.O. Ms. No. 39, Finance, dated 1st February, 1973).

8. If an officer against whom an enquiry is held is unable to satisfactorily

account for possession by himself or by any other person on his behalf, e.g.,
dependents of pecuniary resources or property disproportionate to his known
sources of income, a charge of corruption should be presumed to have
been proved against him and the case will come within the purview of article
470 of the Civil Service Regulations. The position is that the service of an officer
against whom a charge of corruption has been proved whether in a specific case
or by the presumption stated above cannot be considered to be thoroughly satisfactory.
As such, failure on the part of the officer concerned to explain satisfactorily the
possession of wealth disproportionate to his known sources of income is sufficient to
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Warrant a reduction being made in the amount of his pension under Article 470 of the Civil
Service Regulation. Such action under Article 470, Civil Service Regulation, should, however,
be taken only after a charge of corruption has been proved in the above manner in formal,
departmental enquiry.

(G.O.Ms.No.236, Finance Department, dated 29th September, 1973)

9. No reduction should be made reducing the pension below Rs. 15 per mensum
including the temporary increase which is the minimum pension prescribed even in cases where
a reduction in pension is ordered by the sanctioning authority.

(G.O. Ms. No. 305, Finance Department, dated 21st December, 1973)
Extracts of the Hyderabad Civil Services Rules Manual
(Volume I – Rules).
Rule 235: The full pension admissible under the rule is not to be given as a matter of
course, unless, the service rendered has been satisfactory

Rule 236 : If the service has not been thoroughly satisfactory the authority,
sanctioning the pensions should make such reduction in the amount as it thinks proper.

Note: (1) The power to reduce pension shall be exercised by Government only.

Note: (2) Under the Hyderabad Civil Services (Classification, Control

and Appeal) Rules reduction of pension is not a statutory penalty and it is
not obligatory on the part of authority concerned to give the officer concerned an
opportunity to show cause why his pension should not be reduced. However,
the procedure prescribed in Rule 21 of the Hyderabad Civil Services (Classification,
Control and Appeal) Rules, shall be followed in cases where a reduction in pension is
contemplated on the basis of fresh allegations, if any which come to notice
after the retirement of the Government Servant and of which the Government
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Servant has had no previous opportunity to give his explanation. But, if the proposed reduction
is based on the past record of his service including previous punishments or censures it shall
not be necessary to follow the procedure prescribed above.

Note : 3 (a) Rule 236 cannot be used directly to effect a penal recovery but the
Government are justified in making proof of a specific instance of fraud or negligence by an
officer, the ground for finding that his service has not been thoroughly satisfactory with the
meaning of the rule for the purpose of reducing his pension;

b) the measure of the reduction in the amount of pension made under the rule should
be the extent by which the officer’s service as a whole has failed to reach a thoroughly
satisfactory standard, and any attempt to equate the amount of reduction with the amount of
loss caused to the Government is incorrect;

c) the rule contemplates permanent reduction in the amount of pension ordinarily

admissible and does not admit of the reduction of the pension payable in respect of any one
particular year;

d) the rule does not operate to authorize a reduction of ordinary pension either to
nothing or to a normal amount.
(G. O. Ms. No. 386, Finance, dated 6th October, 1961 and
G. O. Ms. No. 588, Finance, dated 30th November, 1963).
Rule 238: Future good conduct is an implied condition of every grant of pension. The
Government reserve to themselves the right of withholding or withdrawing a pension or any part
of it, for a specified time, or forever, if the pensioner be convicted of serious crime or found
guilty of grave misconduct.

Rule 239: The State Government further reserve to themselves

the right of withholding or withdrawing a pension or ay part of it, whether permanently or
for a specified period and the right of ordering the recovery from a pension
of the whole or part of it, whether permanently or for a specified period and
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the right of ordering the recovery from a pension of the whole or part of any
pecuniary loss caused to Government, if, in a departmental or judicial proceeding, the

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Pensioner is found guilty of grave misconduct or negligence during the period of his
service including service rendered upon re-employment after retirement.

Provided that,__________

a) such departmental proceeding, if instituted while the officer was in service, whether
before his retirement or during his re-employment, shall, after the final retirement of the officer,
be deemed to be a proceeding under this article and shall be continued and concluded by the
authority by which it was commenced in the same manner as if the officer had continued in
service;

b) such departmental proceeding, if not instituted while the officer was in service,
whether before his retirement or during his re-employment:---

i) shall not be instituted save with the sanction of the Government;

ii) shall not be in respect of any event which took place more than four years before such
institution; and

iii) shall be conducted by such authority and in such place as the Government may direct
and in accordance with the procedure applicable to departmental proceedings in which an order
of dismissal from service could be made in relation to the officer during his service;

c) no such judicial proceedings, if not instituted while the officer was in service, whether
before his retirement or during his re-employment, shall be instituted in respect of a cause of
action which arose or an event which took place more than four years before such institution;
and

(d) the Andhra Pradesh Public Service Commission shall be consulted before final
orders are passed.
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Explanation : For the purpose of this article:

(a) a departmental proceeding shall be deemed to be instituted on the date on

which the statement of charges is issued to the officer or pensioner, or if the officer has been
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Placed under suspension from an earlier date, on such date; and

b) a judicial proceeding shall be deemed to be instituted;

i) in the case of criminal proceeding on the date on which the complaint or report
of police officer, on which the Magistrate takes cognizance, is made, and

ii) in the case of a civil proceeding, on the date of presentation of the plaint in the
Court.

Rule 239-A : (1) Where any departmental or judicial proceedings is instituted

under Rule 239 or where a departmental proceeding is continued under clause ( a ) of
the proviso thereto against an officer who has retired on attaining the age of compulsory
retirement or otherwise, he shall be paid during the period commencing from the date of
his retirement to the date on which, upon conclusion of such proceeding, final orders
are passed, a provisional pension not exceeding the maximum pension which would
have been adminissible on the basis of his qualifying service up to the date of
retirement, or if he was under suspension on the date of retirement, up to the date
immediately preceding the date on which he was placed under suspension, but no
gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of
such proceeding and the issue of final orders thereon

2) Payment of provisional pension made under clause (1) shall be adjusted

against the final retirement benefits sanctioned to such officer upon conclusion of the
aforesaid proceeding but no recovery shall be made where the pension finally
sanctioned is less than the provisional pension or the pension is reduced or withheld
either permanently or for a specified period.
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Note: The grant of pension under this rule shall not prejudice the operation of
rule 235 and 236, H.C.S.R. when final pension is sanctioned upon conclusion of the
proceeding.

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