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):
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.
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.

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 16 t h
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 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 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 30 t h March, 1983 and
dated 10 t h 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 25 t h 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
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 r d 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 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 20 t h 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.

(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 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 5 t h 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

(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 5 t h 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 5 t h
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;
(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 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 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.

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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REGISTERED CASES

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.

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.
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.
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;
(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).

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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.

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 20 t h 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.

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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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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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
 35

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
 36

compared by the 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
 37

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 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
 38

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.

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
 39

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.

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.

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 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 18 t h 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
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.

( 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.

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
23 r d 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 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
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 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
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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.

(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 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.

(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 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 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 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, 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 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 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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(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
(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:-

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 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
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 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.

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.

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 n d or 3 r d 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 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 5 t h of every month without fail in the proforma mentioned
below:- --
PROFORMA
P RO G RES S REP O RT O F THE DY , . S UP DT. O F PO LI CE / I NS P E CTO R,
A CB ………………. FO R - --- --- --- --- --- --- --1 9 “
_ __ __ __ _ __ __ __ _ __ __ _ __ __ __ _ __ __ _ __ __ __ _ __ __ _ __ __ __ _ __ __ _ __ __ __ _ __
1 . Ca se No . Da t e of Re g ist ra t ion .
2 . Na me an d d esig na t ion
o f t he a ccu sed o ff ice r.
3 . A lleg a t ion s. (De ta ils of a lle g at io n s sh ou ld be men t ion e d
in th e f irst P ro g re ss Re po rt a nd in t he
sub se qu en t P ro g re ss Rep o rt s, o n ly No .
a nd g ist o f t he a lleg at io n s ne ed to be
me n t io n ed . )
4 . No o f witn e sse s
exa min ed .

5. No. o f d ocu me nt s
se cu red .

6. P ro g re ss in t he ca se . (Wh a t ha s to be do ne , wh a t h a s b ee n
Do ne so f a r an d wh at re ma in s to be
d on e t o b e me n t io n ed . )

S ign a tu re an d d e sig n at io n of
O f th e O ff ice r.

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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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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 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 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 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 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.

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 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.
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. 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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CHAPTER –XI

EXAMINATION OF DISPUTED DOCUMENTS BY GOVERNMENT EXAMINER OF

QUESTIONED DOCUMENTS.

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 1 st
September, 1983. However, the prescribed fee has to be paid to the Government
Examiner of 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 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.

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.

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”).

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.

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.

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 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

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.

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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CHAPTER – XIII
DEPARTMENTAL ACTION
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 28 th 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 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

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
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 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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CHAPTER – XVII

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 27 th 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 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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CHAPTER – XVIII

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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CHAPTER – XX

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

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 27 th 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 28 th 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.

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
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).
(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

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.

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

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.
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.

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 1 st 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 7 th 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. 3 rd 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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183
184
185
186
187
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 189

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,
Hyderabad
18. Offices of the Inspectors of Police,
A.C.B. City Range, Hyderabad.
twin cities of Hyderabad
and Secunderabad and the
district of 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.

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 ……………………………
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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)
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 ……………………………
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200
201
202
203
204
205
206
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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.
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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
__________________________
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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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(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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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 29 th 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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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.

{G. O. No. 526 (Pension), dated 16 th 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
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.

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.

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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