Confidential

For Official use only

GOVERNMENT OF ORISSA

THE
VIGILANCE POLICE
INSTRUCTIONAL HANDBOOK

PART – IV

2009
 CONTENTS

Sl. CHAPTER SUBJECT PAGE

No.

1 CHAPTER – I Motto, Mission, Vision & Code of Conduct for 1-4

Vigilance Officers of Orissa State Vigilance

2 CHAPTER – II Abbreviation & list of Government Departments 5 - 11

3 CHAPTER – III Growth of State Vigilance Organization 12 – 25

4 CHAPTER – IV Public Servants 26 – 27

5 CHAPTER – V Jurisdiction , Power and Functions 28 – 29

6 CHAPTER – VI Organisation, Control and Supervision 30 – 78

7 CHAPTER – VII Collection of Intelligence / ACIR (Anti-corruption 79 – 99

Intelligence Report) / IR (Information Register,
Secret Verification) / Open Enquiries

8 CHAPTER – VIII Registration & Investigation of Criminal Cases 100 – 122

9 CHAPTER – IX Registration & Investigation of Trap Cases 123 – 163

10 CHAPTER – X Registration & Investigation of Disproportionate 164 – 207

Asset Cases

11 CHAPTER – XI Arrest / Suspension / Dismissal 208 – 217

12 CHAPTER – XII Trial of Cases 218 – 235

13 CHAPTER – XIII Regular Departmental Action (RDA) 236 – 240

14 CHAPTER – XIV Preventive Vigilance, Role & Function of 241 – 254

Chief Vigilance Officers (C.V.Os).

15 CHAPTER – XV Quarterly Crime Review 255 – 258

16 CHAPTER – XVI Miscellaneous 259 – 269

 1

CHAPTER – I

Motto/Mission/Vision and Code of conduct for

Vigilance Officers of Orissa State Vigilance.
…

Motto

Professionalism, Integrity, Courage, Industry, Transparency.

Mission

To free public service from corruption for the benefit of the people of
Orissa. To Combat corruption through Enforcement, Prevention, Public education
and Community support.

Vision

1. Be a progressive, proactive and innovative Organisation.

2. To ensure personal and organizational integrity.

3. Continuous improvement in all that we do.

4. Educating public in fighting corruption.

5. Ensuring public co-operation to eradicate corruption.

6. To protect the honest and make them feel wanted.

7. To detect the dishonest and get them prosecuted under the law.

8. To deter the fence -sitters from wrong doing.

 2

Code of Conduct
DO’S

1. Do ensure that you are clean in all your actions.

2. Do ensure that you are firm but polite in your dealings with your
subordinates and the public.
3. Do ensure to enlist the co-operation of the public, without which it is
impossible to be successful in your task.
4. Do ensure that you have contact with people of all sections, in course of
your daily duties.
5. Do keep your ears and eyes open and gather as much information as
possible.
6. Do verify the information, before you decide to take action on the same.
7. Do ensure that if you are unable to workout any information due to any
reason, you pass it on to your superiors who will arrange to do the same.
You will not lose the credit that is due to you.
8. Do remember that every body in the Organisation is but a part of one
body and any good work done by any one of you brings credit to the body
itself while any bad work done by anyone brings disrepute to it.
9. Do set an example of a public servant in all your actions.
10. Do every thing honestly and sincerely.
11. Do read the Orders, Notifications and Instructions carefully and follow
them.
12. Do read Vigilance Gazettes/Police Gazettes/Legal Journals/Bulletins as
they contain much useful information to guide you in your day-to-day
work.
13. Do ensure that you are computer literate.
14. Do ensure that you carry your Identity Card everywhere and produce it, as
and when necessary.
15. Do consult the Legal Adviser/Standing Counsel/Spl.P.P. /Senior Officers
of Vigilance in case of any doubt.
16. Do ensure that the present address and likely places of residence, if any,
of the suspect officer , besides their permanent address, as well as that of
the Investigating officers and witnesses are always mentioned in the case
records for future reference.
17. Do ensure that the passport of the accused persons, involved in Vigilance
Cases, are impounded.
18. Do maintain reservedness and secrecy with regard to official matters at
all time.
19. Do always carry with you the latest “Telephone Directory” of the Orissa
Vigilance.
 3

20. Ensure your data / information stored in the computer remains secret and
should not be accessed by other users of the computer. Protect your
files/information/data in the computer by giving suitable passwords and by
other measures.
21. Share professional information /data with other persons/colleagues on
“need to know basis”.
22. Use S.S. fund allotted to you in a intelligent manner so that Organization
is benefited.
23. To enhance your professional knowledge, please browse the following
important websites and other related websites in internet.

1. http://www.transparency.org - Website of Transparency

International

2. http://www.interpol.in - Website of INTERPOL

3. http://www.india.gov.in - Website of Government of India

4. http://goidirectory.nic.in - Website of Government of India

Directory

5. http://www.cvc.gov.in - Website of Central Vigilance

Commission

6. http://mha.gov.in - Website of Ministry of Home

Affairs

7. http://www.judis.gov.in - The judgement information

system of Supreme Court and
High Courts.

8. http://www.cic.gov.in - Website of Central Information

Commission.

9. http://bprd.gov.in - Website of Bureau of Police

Research & Development

10. http://www.cbi.gov.in - Website of Central Bureau of

Investigation.

11. www.cbiacademy.gov.in - Website of CBI Academy,

Gaziabad.

12. http://orissagov.nic.in - Website of Government of

Orissa

13. http://orissapolice.nic.in - Website of Orissa Police

14. http://ori.nic.in/vigilance - Website of Orissa Vigilance
 4

DON’Ts

1. Don’t be swayed away by communal or other considerations during the

discharge of your duties. You should be strictly impartial in your dealings
with different communities and classes of people, rich or poor.

2. Don’t do anything hastily, or with any ill motive or out of spite or malice
towards anybody.

3. Don’t exaggerate anything.

4. Don’t divulge secrets/secrecy.

5. Don’t be rude towards anybody.

6. Don’t waste time, your task requires every moment of your attention.

7. Don’t place yourself under any obligation, whatsoever, to anyone nor allow
any member of your family to do so.

8. Don’t do anything dishonest and anything which is likely to make your

conduct suspicious.

9. Don’t acquire any property either in your name or in the name of your family
members, without the prior permission or without knowledge/intimation to
your authorities, as the case may be, with due regard and strict adherence
to provisions of the Orissa Government Servant’s Conduct Rule.

10. Don’t associate yourself with any political or communal parties or with any
local factions.

11. Don’t be careless in respect of papers, files and other documents which you
seize or take charge of during enquiry/investigation. Keep them under lock
and key.

12. Don’t forget that you are living in a glass house. Everyone is watching you.

13. Don't use Mobile phones at random and carelessly to guard against the
leakage of any secret/information.
 5

CHAPTER - II
Abbreviations & list of Government Departments

A.A.R. - Annual Administration Report

A.C.C.T. - Assistant Commissioner of Commercial Taxes
A.C.I.R. - Anti Corruption Intelligence Report
A.E. - Assistant Engineer
A.G. - Advocate General /Accountant General
A.I.R. - All India Reporter
a.m./am - Ante Meridiem (Before noon)
A.P.P. - Assistant Public Prosecutor
Addl. P.P. - Additional Public Prosecutor
A.P.R. - Armed Police Reserve
A.S.I. - Archaeological Survey of India/Asst.Sub-Inspector
B.D.A. - Bhubaneswar Development Authority/Berhampur
Development Authority
B.O.S.E. - Bureau of Statistics & Economics
B.S.N.L. - Bharat Sanchar Nigam Limited
C.A. - Chartered Accountant
C.B. - Crime Branch
C.B.I. - Central Bureau of Investigation
C.D.A. - Cuttack Development Authority
C.Ds./C.D. - Case Diaries/Case Diary
C.E.S.U. - Central Electricity Supply Utility
C.F.P.B. - Central Finger Print Bureau
C.G.H.S. - Central Government Health Scheme
C.I.D. - Criminal Investigation Department
C.I.P.A. - Common Integrated Police Application
Cr.L.J. - Criminal Law Journal
C.L.T. - Cuttack Law Times
C.M.O. - Chief Medical Officer
C.O. - Circular Order
C.S. - Charge Sheet/ Chief Secretary
 6

C.V.C. - Chief Vigilance Commissioner

C.V.O. - Chief Vigilance Officer
D.A. - Daily Allowance/Departmental Action/Dealing Assistant
D.A.Case - Disproportionate Assets Case
D.C. & M.E. - Draft Charges and Memo of Evidence
D.C.R.B. - District Crime Record Bureau
D.D. - Demand Draft
D.D.O. - Drawing and Disbursing Officer
D.E. - Discreet Enquiry
D.F.I.D. - Department for International Development
D.F.S.L. - District Forensic Science Laboratory
D.G.S&D - Director General Supplies & Disposal
D.L. - Driving License
D.P.I. - Director of Public Instruction
D.R. - Detailed Report
D.S.&E - Directorate of Economics & Statistics
E.C.Act - Essential Commodities Act
E.D. - Enquiry Diary
E.Mail - Electronic Mail
E.O. - Enquiring Officer
E.P.M. - Export Promotion and Marketing
E.S.I.S. - Employees State Insurance Scheme
Ex-officio - By Virtue of one’s office
F.A. - Financial Adviser
F.A. Act - Food Adulteration Act
F.B.I. - Federal Bureau of Investigation
F.F. - Final Form
F.F.O. - For Favour of Orders
F.I.R. - First Information Report
F.M. - Final Memo
F.R. - Final Report
F.R.-False - Final Report False
 7

F.R.M.L. - Final Report Mistake of Law

F.R.-Non-Cog. - Final Report Non-Cog.
F.R.T. - Final Report True
G.A. - Government Advocate
G.A.D. - General Administration Department
G.P.O. - General Post Office
G.P.F. - General Provident Fund
H.S - History Sheet
I.A. - Indian Airlines
I.B.R.D. - International Bank of Reconstruction and Development
(World Bank)
I.F.S. - Indian Foreign Service/Indian Forest Service
I.O. - Investigating Officer
I.P.C. - Indian Penal Code
I.P.O. - Indian Postal Order
I.P.S. - Indian Police Service
I.Q. - Intelligence Quotient
I.R. - Issue Register/Information Register
I.T.D. - International Trunk Dialing
I.S.T. - Indian Standard Time
I.T.R - Income Tax Return
I.T.O. - Income-Tax Officer
IPICOL - Industrial Promotion Investment Corporation
J.M.F.C. - Judicial Magistrate First Class
Jr.A./J.A. - Junior Assistant
K.B.K. - Koraput, Bolangir, Kalahandi
L.A. - Legal Adviser
L.P.G. - Liquified Petroleum Gas
L.T.I. - Left Thumb Impression
LL.B. - Bachelor of Laws
L.S.R - Legal Scrutiny Report
L. & O. - Law & Order
M.B. - Measurement Book
 8

M.O. - Modus Operandi / Money Order

M.P. - Member of Parliament/Madhya Pradesh
M.R. - Malkhana Register/Muster Roll
M.S.W. - Monthly Summary of Work
M.V. - Motor Vehicle
Misc. - Miscellaneous
N.B. - Nota Bene (note well)
N.C.R.B. - National Crime Record Bureau
N.E.C. - Non-Encumbrances Certificate.
N.O.C. - No Objection Certificate
NREGS - National Rural Employment Guarantee Scheme
NESCO - North Eastern Electricity Supply Company
O.C.S.(C.C.& A) - Orissa Civil Services (Classification, Control & Appeal
Rules, 1962 Rules, 1962
O.E. - Open Enquiry (File Enquiry)
O.G.F.R. - Orissa General Financial Rules
O.G.S.C.R. - Orissa Government Servants Conduct Rules
OHSDP - Orissa Health System Development Project
O.I.G.S. - On India Government Service
ORHDC - Orissa Rural Housing Development Corporation
O.S.A.P. - Orissa Special Armed Police
O.S.D. - Officer on Special Duty
O.S.F.C. - Orissa State Financial Corporation
O.S.T. Act - Orissa Sales Tax Act
O.A.T. - Orissa Administrative Tribunal
OIC - Officer-in-Charge
P.A. - Personal Assistant
P.C. - Personal Computer
P.C. Act - Prevention of Corruption Act
P.C.O. - Public Call Office
P.F.U.R. - Prosecution Follow-up-Register / Proceeding Follow-up
Register
P.I. - Prosecuting Inspector
 9

P.I.N. - Postal Index Number

P.M.G. - Post Master General
P.M.R. - Police Manual Rule
P.M.R.Y. - Prime Minister Rojgar Yojana / Pradhan Mantri Rojgar
Yojana
P.P. - Public Prosecutor
P.P.O. - Pension Payment Order
P.R. - Progress Report/Property Register
P.R. Bond - Personal Recognizance Bond
P.R. Department - Panchayati Raj Department
P.S. - Post script / Private Secretary / Personal Secretary/
Police Station
P.S.Us. - Public Sector Undertakings
P.T.I. - Press Trust of India
P.T.O. - Please Turn Over
P.U.C. - Paper Under Correspondence
P.W.D. - Public Works Department
R.C.C. - Reinforced Cement Concrete
R.D.A. - Regular Departmental Action
R.D. Department - Rural Development Department
RLTAP - Revised Long Term Action Plan
R.O. - Reserve Office
R.S.V.P. - Repondez sil’vous plait (Reply if you please)
S.A. - Subsistence Allowance
S.B. - Special Branch
S.C. - Supreme Court/ Scheduled Caste/ Standing Counsel
S.C.R.B. - State Crime Record Bureau
S.E. - Secret Enquiry
S.F.P.B. (FPB) - State Finger Print Bureau
S.F.S.L. (FSL) - State Forensic Science Laboratory
S.Note - Supervision Note
S.O. - Suspect Officer//Section Officer
S.P. - Superintendent of Police
 10

S.P.H.Qrs. - State Police Head Quarters

SGRY - Sampurna Gramina Rojgar Yojana
S.T. - Scheduled Tribe
S.V.R. - Secret Verification Report
Spl.P.P. - Special Public Prosecutor
Sr.A./S.A. - Senior Assistant
T.A. - Traveling Allowance
T.D. - Tour Diary
T.I.P. - Test Identification Parade
T.L.O. - Trap Laying Officer
T.V.R. - Technical Valuation Report
U.O.I.No. - Un Official Issue Number
U.O.I.R. - Un-official Issue Register
U.O.R. - Un Official Receipt Register
U.O.R. No. - Un Official Receipt Number
U.P.S.C. - Union Public Service Commission
V.A.T. - Value Added Tax
V.P.P. - Value Payable Parcel
V.R.S. - Voluntary Retirement Scheme
W.B. - World Bank
W.H.O. - World Health Organisation
W.W.F. - World Wildlife Fund
w.w.w - world wide web
Xmas - Christmas
Yahoo - Yet Another Hierarchical Officious Oracle.
 11

DEPARTMENTS
Names of the Departments of the Government of Orissa

1. Agriculture Department
2. Commerce & Transport Department
3. Cooperation Department
4. Energy Department
5. Excise Department
6. Finance Department
7. Fisheries & Animal Resources Development Department
8. Food Supplies & Consumer Welfare Department
9. Forest & Environment Department
10. General Administration Department/G.A.(Vigilance) Department
11. Health & Family Welfare Department
12. Higher Education Department
13. Home Department
14. Housing & Urban Development Department
15. Industries Department
16. Information & Public Relations Department
17. Information Technology Department
18. Labour & Employment Department
19. Law Department
20. Parliamentary Affairs Department
21. Panchayati Raj Department
22. Public Enterprises Department
23. Public Grievances & Pension Administration Department
24. Planning & Co-ordination Department
25. Revenue & Disaster Management Department
26. Rural Development Department
27. School & Mass Education Department
28. Science & Technology Department
29. Sports & Youth Services Department
30. S.T. & S.C. Development Minorities & Backward Classes Welfare
Department
31. Steel & Mines Department
32. Textiles & Handloom Department
33. Tourism & Culture Department
34. Water Resources Department
35. Woman & Child Development Department
36. Works Department

****
 12

CHAPTER – III

Growth of State Vigilance Organisation

In the year 1944, an Enforcement Organisation was constituted in the

State, under the erstwhile Supply and Transport Department for dealing with and
enforcing various Control Orders. For that purpose, anti-corruption staff was attached
to this organisation in the year 1946 to detect and enquire into cases of corruption
amongst the staff of the Supply Department. The Organisation was named as
“Enforcement and Anti-corruption Organisation”. It was manned by handful of Police
Inspectors and Supply Supervisors/Inspectors. Their work was being controlled by
the Supply and Transport Department.

In pursuance of Government of India’s decision to have rigorous

enforcement of food laws and with a view to check profiteering, black marketing and
corruption more effectively, state Government in Supply and Transport Department
Resolution No.39721/ST dt.1.11.1950 reorganised the erstwhile Enforcement and
Anti-Corruption Organisation consisting of Police and Supply Enforcement Staff and
placed it under the overall charge of one Superintendent of Police-cum-Ex-Officio
Deputy Secretary to Government .The name of this Organisation was first changed to
“Anti-Corruption” and later to “Vigilance” in 1957. The staff consisted mostly of Police
personnel drafted from the Police Department and the Organisation was placed
under the administrative control of the Political and Services (Vigilance) Department.
With subsequent changes, besides enforcement of various Control Orders and
dealing with the cases of profiteers, black marketeers and corrupt public servants,
this Organisation was also entrusted with the work of preventing leakages of public
revenue and evasion of taxes. An Additional Inspector General of Police-cum-Ex-
Officio Additional Secretary to Government was the executive head of the
Organisation, being assisted by a Deputy Inspector General of Police-cum-Ex-Officio
Joint Secretary to Government in the year 1962. Since the continuance of this
Organisation was considered necessary to stamp out corruption from amongst public
servants and to prevent leakage of public revenue, evasion of taxes etc.,
Government in Political & Services Department in Resolution No.Vig/10/64/
20001/Gen dated 21.12.1964 declared the Department to be permanent. Thereafter,
 13

as per the Resolution No.14385/Gen. dt.10.6.1980 of the Government in P. & S.

Department, the nomenclature of the P. & S. Department was changed and it was
redesignated as “General Administration Department” and this change of
nomenclature was effective from 10.6.1980 i.e. with effect from the date of issue of
this resolution.

Accordingly, the nomenclature of the erstwhile Political and Services

(Vigilance) Department was changed and redesignated as General Administration
(Vigilance) Department with effect from 10.6.1980.

In view of the need and considering the increasing work load and
importance of the Vigilance Organisation, the post of the Addl.I.G.P., Vigilance was
upgraded by the State Government in the year 1967 to the rank of Inspector General
of Police, Vigilance & Director, Vigilance-cum-Ex-Officio-Additional Secretary to
Government. Thereafter, it was further upgraded by the State Government in the
year 1987 to the rank of Director General & Inspector General of Police & Director,
Vigilance-cum-Ex-Officio-Special Secretary to Government, General Administration
(Vigilance) Department. Since then, the post continued to function either being
headed by the Director General & I.G.P., Vigilance or by the Additional Director
General & I.G.P., Vigilance and Director, Vigilance-cum-Ex-Officio-Special Secretary
to Government, General Administration (Vigilance) Department, as decided by the
State Government from time to time. Now the Director, Vigilance has 1 I.G. & 2
D.Is.G. and A.I.G. as his staff officer. The Secretary of GA (Vigilance) Department is
the Chief Secretary of the State.

At the initial stage, this Department was following Vigilance Police

Instructional Hand Books Vol. I, II & III of 1964, which still hold good.

With this chronological back ground and the changed nomenclatures,

the General Administration (Vigilance) Department in the State is now functioning in
the form of an Anti-Corruption Organisation with the objectives of combating
corruption under the provisions of the Prevention of Corruption Act and other related
Anti-Corruption Laws read with any other relevant sections of the Acts/Laws in India
 14

under the name and capacity of both Directorate of Vigilance and General
Administration (Vigilance) Department, Orissa.

A major reorganization and expansion was done in September 1961

and various Senior Officers were brought into the organization so that more effective
action can be taken against the corrupt officials and white collar criminals.

In the year 1962, three Divisions were created namely

Cuttack,Sambalpur and Berhampur Vigilance Divisions. In the year 1986 Balasore
Vigilance Division and in 1997 Bhubaneswar Vigilance was created. In the year 2004
Koraput Vigilance Division was created. All these Divisions are headed by a
Superintendent of Police. The Department grew rapidly. Now it has its presence in all
districts. Apart for the above mentioned 6 Divisions, 25 Unit Offices were also
created which are located at revenue district headquarters being headed by a Deputy
Superintendent of Police. These Unit Offices were created in phases and such
creation was completed in the year 2008.

A lot of improvement has been made over the years in the prosecution
of cases against corrupt officers. A Legal Adviser in the rank of District Judge is in
position and a Prosecution Cell is now functioning at the Vigilance Directorate. Only
one Vigilance court was previously functioning at Cuttack and now 8 more Vigilance
courts have been established to try corruption cases exclusively. 3 more courts have
been notified and will be opened shortly.

‘Orissa Special Courts Act’ was enacted and 2 more courts were
established one at Cuttack and another at Bhubaneswar along with Authorised
Officers, not only to try different Disproportionate Assets cases of higher class public
servants and political functionaries but also to confiscate their ill-gotten property.

Similarly, with a view to ensure fair, expeditious and successful

investigation/enquiry of various charges/ allegation of corruption and to make the
State Vigilance Organisation more equipped and viable, the following supporting
wings/ sections were created to function in the Vigilance Directorate from time to
time.
 15

Technical Wing

The Technical Wing was created in the year 1963 – as per the
Circular Order No.10 of 1963 of the erstwhile Political and Services (Vigilance)
Department – with the Staff consisting of one Executive Engineer, one Building Sub-
Inspector, two overseers, one Grade-II Stenographer and two peons. Besides, it was
also ordered for posting a few Constables from the Leave and Training Reserve to
assist the Staff of the Technical Wing for measurement etc. The duty of the Technical
Wing was to render necessary expert assistance to the Vigilance Enquiring /
Investigating Officers by way of inspection, measurement and valuation of the
alleged buildings, roads, projects, and other constructions etc., which are subject
matter of investigation/ enquiry of corruption charges/allegations. Now the Technical
Wing consists of 1 Superintendent Engineer, 1 Executive Engineer, 1 Assistant
Executive Engineer, 5 Assistant Engineers, 6 Junior Engineers and Building
Inspector with other supporting staff. The Technical Wing is functioning at Vigilance
Directorate, Cuttack.

Forest Wing

Government in Forest Department Letter No.172/179/27386/FFAH

dt.30.10.79 have approved the Forest Vigilance Scheme. The broad objectives are

1. Collection of Intelligence on Corruption in the Department.

2. Conduct surprise raids.
3. Render Technical opinion and assistance to Vigilance officers.

Under the Scheme the officers of Forest Department posted to

Vigilance Directorate and the Divisions are under the administrative and operational
control of Vigilance Department but are under the Financial Control of Principal Chief
Conservator of Forests, Orissa.

The Forest Staff together with ¼ APR headed by one DSP form one
Forest – Vigilance Squad. Initially Government sanctioned post of three Forest
Rangers, four Foresters, eight Forest Guards and four Drivers (Governor’s Sanction
dt.25.10.79). In the said order, it was mentioned that the Drivers would not be posted
till the Jeeps are purchased. Governor’s sanction was also granted for creation of a
post of Assistant Conservator of Forests in OFS Class-II which was filled up with
effect from 11.1.1980.

Subsequently, Government in erstwhile (FFAH) Forest, Fisheries &

Animal Husbandry Department Letter No. IF(A) 54/81/17172/FFAH dt.6.8.1981
decided to post a Deputy Conservator of Forests in IFS Senior Time Scale to remain
attached to the Vigilance Directorate in place of Assistant Conservator of Forests for
 16

better supervision and more effective co-ordination with the Divisional Forest Officers
and Conservators.

Balasore Vigilance Division was created by Home Department

Notification No.63474 dt.19.11.1986 and post of one Forest Ranger, two Foresters
and two Forest Guards, one Driver with a vehicle and one APR Unit for Forest-
Vigilance Squad were created subsequently.

Coordination Section

This Section came into existence in 1985 as per Office Order

No.312/Vigilance dt.17.6.1985 of the D.G., Vigilance – with staff of one D.S.P. in
charge of the Section from its inception.

Now for convenience, this section has been divided into four branches
in charge of one Inspector each i.e.:

1. Coordination – A : To deal with the monthly and quarterly returns, quarterly

crime review, Performance of D.Ss.P. and Inspectors, various statistics,
Press Note, Press round-ups, action on Press Cuttings etc.

2. Coordination – B : Deals with Assembly and Parliamentary questions/

Vigilance Clearance Reports, Compilation of Vigilance Gazette, Coordination
meetings and correspondences relating to appointment of Internal Vigilance
Officers.

3. Coordination – C : Deals with receipt of letters and diarising excepting letters

retained in Confidential Section.

4. Coordination – D : Maintains Index Registers (in 8 volumes) and cards.

Nomenclature at the beginning Present nomenclature of the

of functioning of the Section. Section.
Coord. – A Coord. – A

Coord. – B Coord. – B

Coord. Index – D Coord. – C

Coord. (R & A) – C Coord. – (R & A)

The nature of duties assigned to the above 4 sections presently, has

been described in the “Organisation Chapter” in detail.
 17

Vigilance Intelligence Cell:

As mentioned in the Vigilance Police Instructional Hand Book, Part-III,

the Vigilance Intelligence Cell was initially created in the Vigilance Directorate as far
back as 1964 to function in 7 specified Zones of the State like Cuttack., Bhadrak,
Berhampur, Jeypore, Sambalpur, Bargarh and Jajpur Road to collect intelligence and
deal with enquiries/investigation of important and sensitive nature, mostly specific
instances of corruption/against the public servants/about organized mal practices/
involving pecuniary loss to the Government/other organized mal practices, evasion of
sales tax by big dealers/business men etc.

The Cell functioned under the over all charge of one D.S.P., Vigilance
and under the direct control of the D.I.G. of Police, Vigilance while Inspectors/Sub-
Inspectors of Police, Vigilance remained in charge of the Zones and functioned as
the Vigilance Zonal Intelligence officers and the Vigilance Asst. Zonal Intelligence
officers respectively in each Zone. In course of time one D.S.P., Vigilance/A.I.G.,
Vigilance of the Vigilance Directorate remained in its charge, under the over all
control of the Director, Vigilance. Thereafter, in 1977, a special Cell was created by
internal re-distribution of staff to take up specific enquiries/investigations against the
corrupt high ranking public servants/functionaries. Because of the necessity and to
widen its working sphere and scope, in 1990 six special Squads were formed in the
Vigilance Organisation to take up enquiries/investigations of special nature relating to
allegations of accumulation of disproportionate assets against high ranking public
servants/functionaries and political executives. These Squads functioned under the
control of a D.I.G. of Police, Vigilance assisted by one Addl.S.P., Vigilance. These
squads were merged with the special Cell and came to be known as the ‘Special
Cell’ and ‘Special Squads’ (SCSS) to perform the same duties as specified.

In accordance with G.A.(Vigilance) Department Office Order No.3284

dt.6.6.90, posts of 6 D.Ss.P., Vigilance, 6 Inspectors of Vigilance, 6 Sub-Inspectors of
Vigilance, 1 Steno S.I., 2 Senior Assistant, 2 Junior Grade Stenographer-cum-Typist,
1 Driver Havildar, 14 Assistant Drivers, 14 Follower Orderlies were created to man
the Special Squads and perform the duties as assigned. In actuality, many of the
posts were filled up by internal redistribution.

As per the Office Order No.1122/Vigilance dt.1.10.93 the duties/

activities of Cell & SCSS were streamlined. Accordingly, two separate sections
namely Cell(C) and Cell(D) were created. Enquiries/Investigations pertaining to
disproportionate assets were entrusted to Cell(D) while other enquiries/investigations
were entrusted to Cell(C). Both the sections remained under the charge of an
Addl.S.P. assisted by the supporting staff under the over all supervision of a D.I.G. In
the year 1996, it was decided to do away with this type of Division. Accordingly, from
1997, these have been again named as only ‘Cell’ which functioned under the
supervision of a D.I.G. being assisted by two Ss.P./Addl. S.P. and other supporting
staff.
The other relevant particulars relating to the Vigilance Cell have been
described in the “Organisation Chapter”.
 18

Commercial Tax Wing

As pr the minutes of discussion held at Government level on 17.12.68

in connection with association of Vigilance in Commercial Tax matters being
attended by the then Secretary to Government, Finance Department, Commissioner
of Commercial Taxes, Orissa, Cuttack and the Director of Vigilance, Orissa (Ref:
Finance Department’s Memo no.CTB-97/68-42731(2)/F dt.24.12.68 to the addresses
of the C.C.T., Orissa and the Director of Vigilance, Finance Department’s Order
No.CTB-97/68-31857(2)/F dt.5.9.69 and the order of the C.C.T., Orissa issued under
Memo Nos.15294/CT to 15296/CT, all dated 20.7.70), the question of continued
association of Vigilance for prevention of tax evasion was considered. In the minutes
of discussion held on 17.12.68 though it was observed that tax evasion had not been
entrusted to Vigilance in any other State, but in the interest of the revenue collection
of the State, it be desirable for Vigilance to continue to be entrusted with complex of
tax evasion cases and tax evasion by major dealers/firms with high turn over. In this
regard, the other connected relevant points and guide lines were discussed and
accepted in the minutes of discussion and proceedings for compliance and proper
enforcement of the same. Accordingly, at that time it was ordered for posting of one
Commercial Tax Officer at the Head Quarters attached to the Director of Vigilance
,and 3 Additional Commercial Tax Officers and 6 Inspectors, Commercial Tax
attached to the 3 Ranges. These staff were having necessary statutory powers to
work under the direct supervision of the S.P., Vigilance and the Director of Vigilance.
For selection and deputation of proper staff, the task of consultation with the Director,
Vigilance was entrusted to the Commissioner Commercial Taxes, Orissa before
posting and deputing the officers for Vigilance.

For reference, all these minutes of discussion and proceedings/orders

of the Finance Department and of the Commissioner, Commercial Taxes explaining
the scope, nature of duties etc. of the Commercial Tax Staff and the Vigilance Staff,
which had been assigned to them for performance, are at Appendix No.1.

Subsequent development, staffing pattern, nature of duties as

assigned now to the Commercial Tax Staff/Vigilance Staff etc., have been described
in the “Organisation Chapter”.
 19

Computer Wing

To make use of the modern electronic technology facility and to

retrieve the relevant information within the quickest possible time, a Computer Wing

(section) was created in the Vigilance Directorate in 1991-92. The section had 3

Personal Computers (P.Cs.) with multi-user facilities for the purpose of

computerization, Indexing and storage of the required data in respect of corrupt

public servants/other accomplices and accused persons/offenders/delinquents

involved in Vigilance cases/enquiries. Besides it was also providing all other relevant

statistical figures considered important from Vigilance Point of view, and to retrieve

and provide the same to all concerned of the Vigilance Organisation, Government

Departments, Public Sector Undertakings as and when required for reference and

necessary action.

With the above objectives, this Wing started functioning under the

charge and monitoring of one D.S.P., Computer of the Vigilance Directorate with the

supporting staff for its operational work.

As regards its further developments, nature of present functioning,

utility, exposure to Vigilance Personnel, internet facilities etc., the relevant particulars

have been described in the “Organisation Chapter”.

 20

Statistical Cell

Owing to the necessity, a “Statistical Cell” was created in the Vigilance

Directorate with effect from 9th August 2004, being headed by one Asst. Director,
Statistics as per Government in Planning & Co-ordination Department Notification
No.9191 dt.26.06.2004. The Asst. Director joined here on deputation from the
“Directorate of Economics & Statistics” (D.E. & S.), Orissa, Bhubaneswar and was
assisted by one Statistical Investigator who was also under deputation from
D.E. & S., Bhubaneswar.

This “Statistical Cell” estimates the monthly per-capita consumer

expenditure as well as the annual household consumer expenditure of the
accused/suspect officers, involved in Disproportionate Assets Cases, on receipt of
requisition for the same from concerned I.Os./E.Os. The Monthly Per-capita
Consumer Expenditure (MPCE) is prepared on the basis of date available under
National Sample Survey Organisation (NSSO) “Government of India” survey results
of different quinquennial rounds. The Price Index data of Urban Non-Manual
Employees (UNME) released by Central Statistical Organisation (CSO) is also used
for consumer expenditure estimation of years other than the quinquennial round
years of NSSO.

Besides, estimation of consumer expenditure, this Cell also provides

EARAS (Establishment of an agency for reporting agricultural statistics) data on
Agricultural out put, year-wise/ season-wise to I.Os. as and when required by them
for the purpose of investigation i.e. for deriving the income of a suspect officer from
agricultural sources.

In order to arrive at the money value of the agricultural output, this cell
also provides District-wise/ Year-wise average wholesale price data to I.Os. as
released by D.E.&S. under the Scheme “PRICE” .This A.W price (Average Whole
sale Price )data are also available for Paddy and other minor crops cultivated in the
State.

Other related particulars of the Statistical Cell have also been

described in the “Organisation Chapter”.
 21

Document Examination Cell

Considering the need, one “Document Examination Cell” was created

in the Vigilance Directorate and one Document Expert in the rank of Inspector of

Police was posted to this Cell with an attendant facility as per the G.O.No.7618-VE

dt.22.11.2001 to examine exclusively the questioned documents involved in Vigilance

Cases/Enquiries and furnish opinion expeditiously.

This Cell caters to the need of all the six Vigilance Divisions and

Vigilance Cell to examine documents of various nature against the suspect/accused

public servants and others involved in corruption charges/allegations and furnish

opinion thereof within the earliest possible time. This Expert in the rank of Inspector

of Police, posted to this Cell, is competent to undertake examination of handwritings,

signatures , type writings, seal impressions, printed matters, charred documents,

erasures, additions, alterations, secret writings, computer aided documents, papers

inks, counterfeit currency and bank notes, reconstruction of documents from torn

pieces, examination of writings on unusual writing surfaces such as leaf, walls,

cemented floors, body parts, grounds, etc, examination of writings by unusual writing

instruments such as charcoal, finger, sticks, sharp pointed objects etc. and

examination of writings using unusual writing materials such as blood, charcoal etc.

Such examination and opinion of the Document Expert are relevant

and admissible in evidence under the provisions of Section 45 of the Indian Evidence

Act, 1872.

The relevant details of this Document Examination Cell have also

been described in the “Organisation Chapter”.

 22

Photo Cell

One “Photo Cell” was created in the Vigilance Directorate in the year

1978-79 to take up the Photo copying work and to take the photographs of the (a) on

going /completed civil constructions to assist the Technical Wing of Vigilance , (b) of

the seized wooden logs for the Forest Wing of the Vigilance for investigation. Initially,

the works were managed by one S.I. (Photo).

Later, after the creation of a permanent post of one Inspector for the

Document Examination Cell in the Vigilance Directorate, preparation of negative and

positive of the questioned documents, admitted writings and specimen handwritings

in various Vigilance Cases are being taken up by the Photo Cell.

Photo Identity Card for the officers and men of the Vigilance

Directorate, and officers from the rank of Inspector and above of all the 6 Divisions

are prepared and issued by the Photo Cell.

Moreover, during the raids conducted in connection with

Disproportionate assets cases, secret enquiries, the Photo Cell makes videography

and photography of the buildings/sites to assist the Investigating Officers for

evidentiary purpose. The photo and video coverage of Annual Vigilance

Conferences, Awareness Week and workshops, conducted on anticorruption matters

are also done by the Photo Cell as and when required.

Besides the aforesaid duties, other technical works of important nature

are also taken up as assigned by the higher authorities. These have also been

described in the “Organisation Chapter”.

 23

Library

Initially, there existed one Library since the year 1963 in the Vigilance

Directorate being a Unit of the erstwhile Legal Branch of the Vigilance Directorate

having required Law Books/Law Journals/other important collections etc. for

reference and use by the Vigilance personnel for their knowledge and professional

efficiency. One officer remained in charge of the Library.

Considering the need and necessity, the Library in the Vigilance

Directorate got expanded from time to time which is now functioning under a

qualified Junior Librarian with an assistant in the rank of Constable. Presently, the

Library is having near about 4518 books on Law, Literature and on professional

matters for reference, study and professional use. Presently, it functions under the

control of the A.I.G. of Police, Vigilance/S.P., Vigilance, Coordination of the Vigilance

Directorate.

Besides, the publications of various important Law Journals like

Criminal Law Journal (Cr.L.J.), Orissa Criminal Reports (O.C.R.), Cuttack Law Times

(C.L.T), All India Services Law Journal (A.I.S.L.J.) etc. and the Central Bureau of

Investigation (C.B.I.) / Anti Corruption Bureau (A.C.B). Bulletins/the Indian Police

Journals etc. are regularly subscribed /collected and are available in the Library for

reference and to update professional knowledge and efficiency of the officers/men

working in the Vigilance Organisation.

Other relevant particulars of the “Library” have also been described in

the “Organisation” Chapter.

 24

Meaning of “ VIGILANCE ”

In this context, it has to be known and borne in mind as to what is

“Vigilance” and what does it signify. Briefly speaking, Vigilance means – constant

watchfulness, caution and circumspection and, by its application, to find out and

detect a fact, incident, any commission and omission, occurrence etc. for further

appropriate action on the same as would be deemed proper, mandatory and needed

for the purpose. As such, from Vigilance machinery and organisation point of view,

the concerned units and officials working under the State General Administration

(Vigilance) Department are required, by application and making use of these norms

and measures with meticulous care and caution and sense of devotion and loyalty, to

find out and detect the cases of corruption constituting offences of corruption and

criminal misconduct as defined in the Prevention of Corruption Act, 1947/1988,

misconduct violating provisions of the Orissa Government Servants Conduct Rules,

1959 and other related provisions of any other law and rules, economic offences and

offences of criminal misappropriation/criminal breach of trust in respect of the public

funds/money/properties as envisaged in the relevant Acts/ laws and IPC, illegal

acts/doings, mal-practices of various nature/leakage of public revenue profiteering,

hoarding, black marketing, smuggling, cases of adulteration in food stuffs/edible

oils/ghees, manufacturing and circulation of spurious drugs for sale, evasion of taxes

etc. committed by corrupt public servants and unscrupulous/dishonest individuals/

traders/ agencies/firms and racketeers and thereafter to take, as would be expedient,

further consequential action/follow up action to punish them in proper Courts of law

and in other legal/disciplinary forums.

 25

Now the increasing growth and evil of corruption in various ways and

forms, as reflected above, is found and felt to be rampant and a serious malady in

our Society, in all fields and spheres of public life damaging/affecting the healthy

growth, various developmental progress and welfare works of our Country by way of

causing huge wastage and leakage of public money and disrupting distribution of

essential commodities, other scarce articles, monetary helps, relief etc. during natural

calamities and in other times depriving the people of enjoying their rightful shares of

developmental and welfare works, comforts and social justice in their day to day life

causing unspeakable misery and harassment to them.

Therefore, keeping these matters in view, the Vigilance machinery and

the Vigilance personnel working under the General Administration (Vigilance)

Department in different capacities, are expected to be very prompt, alert and active

with all sincerity, devotion, loyalty and impeccable integrity to curb and eradicate this

evil growth of corruption of various nature to a satisfactory extent by effective

enforcement of “Preventive Vigilance action” and “Punitive Vigilance action” as anti-

corruption measures and thereby generating and evoking adequate quantum of

purity, cleanness, transparency and awareness in public life and public administration

for the prosperity, socio-economic stability and speedy & steady progress of the

Country and nation in all aspects.

***
 26

CHAPTER-IV
Public Servant

Who are Public servants ?

Since the Prevention of Corruption Act 1988 mainly deals with the
offences committed by the Public servants or involves them in the matter of
commission of the offences committed by other persons (see sections 8, 9, 10, 12 &
14 of the Act), it is considered necessary to furnish here a list of persons who have
been defined and recognized as Public servants in Section 2(c) of the P.C. Act, 1988
– for reference and necessary action accordingly while dealing with and investigating
into such cases under the P.C. Act, 1988 and under the related Acts/Laws for the
time being in force:

Section-2 (c) “public servant” means:

(i) any person in the service or pay of the Government or remunerated

by the Government by fees or commission for the performance of any public duty;

(ii) any person in the service or pay of a local authority;

(iii) any person in the service or pay of a corporation established by or

under a Central, Provincial or State Act, or an authority or a body owned or controlled
or aided by the Government or a Government company as defined in section 617 of
the Companies Act, 1956 (1 of 1956);
(iv) any Judge, including any person empowered by law to discharge,
whether by himself or as a member of any body of persons, any adjudicatory
functions;
(v) any person authorized by a Court of justice to perform any duty, in
connection with the administration of justice, including a liquidator, receiver or
commissioner appointed by such Court;

(vi) any arbitrator or other person to whom any cause or matter has
been referred for decision or report by a Court of justice or by a competent public
authority;

(vii) any person who holds an office by virtue of which he is

empowered to prepare, publish, maintain or revise an electoral roll or to conduct an
election or part of an election;

(viii) any person who holds an office by virtue of which he is

authorized or required to perform any public duty;
 27

(ix) any person who is the president, secretary or other office-bearer of

a registered co-operative society engaged in agriculture, industry, trade or banking,
receiving or having received any financial aid from the Central Government or a State
Government or from any corporation established by or under a Central, Provincial or
State Act, or any authority or body owned or controlled or aided by the Government
or a Government company as defined in section 617 of the Companies Act, 1956
(1 of 1956) ;

(x) any person who is a chairman, member or employee of any

Service Commission or Board, by whatever name called, or a member of any
selection committee appointed by such Commission or Board for the conduct of any
examination or making any selection on behalf of such Commission or Board;

(xi) any person who is a Vice-Chancellor or member of any governing

body, professor, reader, lecturer or any other teacher or employee, by whatever
designation called, of any University and any person whose services have been
availed of by a University or any other public authority in connection with holding or
conducting examinations;

(xii) any person who is an office-bearer or an employee of an

educational, scientific, social, cultural or other institution, in whatever manner
established, receiving or having received any financial assistance from the Central
Government or any State Government, or local or other public authority.

Explanation 1 – Persons falling under any of the above sub-clauses are public
servants, whether appointed by the Government or not.

Explanation 2 – Wherever the words “public servant” occur, they shall be

understood of every person who is in actual possession of the
situation of a public servant, whatever legal defect there may be in
his right to hold that situation.

In this context, it is also necessary and important to know as to what is

performance of “Public duty”. As defined in Sec.2 (b) of the P.C. Act, 1988 – “Public
duty means” a duty in the discharge of which the State, the public or the community
at large has an interest.
Explanation – In this clause “State” includes a corporation established by or under a
Central, Provincial or State Act, or an authority or a body owned or
controlled or aided by the Government or a Government company as
defined in section 617 of the Companies Act, 1956 (1 of 1956).

***
 28

CHAPTER – V
Jurisdiction, Powers & Functions of State Vigilance

The powers and functions of Vigilance organisation are as follows:

(i) Collect intelligence about the possible sources, extent of corruption

and the improper or corrupt practices indulged in by a person serving in connection
with the affairs of the State, local authority, corporate undertaking or any other
institution/ organisation aided or set up by the State Government.

(ii) Undertake enquiries into complaints of corruption, bribery, criminal

misconduct, lack of integrity, misdemeanor, misuse of power or other malpractices on
the part of Government servants and public servants including members of the All
India Services serving in connection with the affairs of the State Government.

(iii) Investigate into offences punishable under law which the Vigilance are
authorized to investigate and launch prosecutions which have been specified in
Home Department latest Notification No. 31045/D & A dt. 7.8.04 –Schedule –II and
mentioned in “Registration and investigation of criminal cases” chapter-X.

(iv) Exercise watch over evasion of taxes, leakage of revenue, unlawful

loss to Government, gross misuse of Government equipments and initiate
appropriate follow up action.

(v) Maintain watch over enforcement of various control orders, especially

in respect of essential commodities and take action for registration of cases under
E.C. Act 1955 as well as under Prevention of Food Adulteration Act, Drugs Control
Act, 1954, Motor Vehicle Act etc. and book the offenders there under for which the
State Vigilance has been empowered to do so, where it is considered expedient and
necessary in the public interest depending on the gravity and seriousness of the
offences.

(vi) (a) Prepare agreed list of officers as well as contractors/ suppliers/

firms / clearing agents, who are indulging in corrupt practices, under constant
surveillance and check their activities. This list should be updated every year.

(b) Prepare list of officers of doubtful integrity including the names of

those who have been found to be lacking in integrity after due enquiry or during
course of enquiry. This list should be updated once a year.

(c) Arrange observance of Vigilance Awareness Week every year as

decided and schedule by the Central Vigilance Commission.
 29

vii) Exercise vigil over preservation of forest wealth and initiate action
against offenders in cooperation with forest officials.

(viii) Refer suitable cases to disciplinary proceedings tribunal for enquiry or

to concerned Department/undertakings for departmental action.

(ix) Receive reports, periodicals, returns furnished by departments of

Government / Heads of Department / Corporate undertakings and coordinate the
Vigilance and Anti Corruption work.

(x) Keep the Government informed about important activities of the

Organisation.

State Government in Home Department by a notification No.24105/HC

dt. 7.10.63 issued U/s 551 Cr. P.C. 1898 which now corresponds to Sec. 36 Cr. P.C.
1973, have declared that the jurisdiction of police officers of the Vigilance Branch of
and above the rank of Dy.S.P. shall extend throughout the State of Orissa
Appendix -2 .

As regards the creation of Vigilance Police Stations, jurisdictions of

the Vigilance Police Stations rank of the officer in charges of the Police Stations,
nature of offences to be investigated by the Vigilance Organisation etc, the same
have been described in “Registration and Investigation of criminal cases” and
“Organisation” chapters, as notified in Home Department latest notification
No.310445/D & A dt.7.8.04. This be referred to for action accordingly.

Regarding the power of investigation, officers of and above the rank of

Inspector of Police, Vigilance of the State have been authorized by the State
Government to investigate all the offences punishable under the P.C. Act, 1988 as
per memo No.20041/HS dt.17.4.93 of Home Department. This has been described in
Chapter –VI (Organisation).

***
 30

CHAPTER – VI
Organisation, Control & Supervision

Organisation

Owing to skilful planning, continued sincere efforts and good

performances in the matter of Prevention and eradication of various types of

corruption in all spheres of public life, developmental projects and work of the

Government machineries, public sector undertakings etc., the Vigilance Organization

in Orissa has become an important, leading and a vast Anti-Corruption Department

in the country having its presence in all the 30 Revenue Districts of Orissa for Anti-

Corruption operational work through out the State effectively.

The administration of Vigilance Organisation with the Divisional

areas and jurisdiction mentioned in subsequent paragraph, shall vest in an officer

not below the status and responsibilities of Director General/Additional Director

General and Inspector General of Police who will be designated as Director of

Vigilance and assisted by such number of Inspector General of Police, Deputy

Inspector General of Police, Assistant Inspector General of Police and

Superintendent of Police including Additional Superintendent of Police as the State

Government may from time to time decide.

The entire State has been divided into Two Ranges and each Range

is divided into 3 Divisions. Each Division has few Units and Squads mostly

corresponding to revenue Districts under it, which take up field level enquiries,

investigations and collection of intelligence. The distribution of Divisions, Units and

Squad is as under :-
 31

Sl. Name of Jurisdiction Unit Squad Office

No. Division

SOUTHERN RANGE

1. Cuttack 1. Cuttack District

Division,
2. Jagatsinghpur District Jagatsinghpur
3. Kendrapara District Kendrapara
4. Jajpur District Jajpur
5. Dhenkanal District Dhenkanal
6. Angul District Angul

2. Bhubaneswar 1. Puri District Puri

Division
2. Nayagarh District Nayagarh
3. Khurda District Khurda

3. Berhampur 1. Ganjam District

Division
2. Gajapati District Paralakhemundi
3. Boudh District Boudh
4. Kandhamal District Phulbani

NORTHERN RANGE

4. Balasore 1. Balasore District

Division
2. Mayurbhanj District Baripada
3. Bhadrak District Bhadrak
4. Keonjhar District Keonjhar

5. Sambalpur 1. Sambalpur District

Division
2. Bolangir District Bolangir
3. Deogarh District Deogarh
4. Subarnapur District Subarnapur
5. Sundargarh District Sundargarh
Rourkela
6. Jharsuguda District Jharsuguda
7. Baragarh District Baragarh

6. Koraput 1. Koraput District

Division
2. Nawranghpur District Nawarangpur
3. Rayagada District Rayagada
4. Malkangiri District Malkangiri
5. Kalahandi District Bhawanipatna
6. Nuapada District Nuapada
 32

Initially there were three Divisions viz- Cuttack, Sambalpur and

Berhampur opened vide Home Department Notification No. 19872-Ref.dt.13.8.1962.
Subsequently the following 3 Divisions were opened as per the Government of
Orissa Home Department Notifications mentioned against each.

Name of the Division Home Department Notification No.&date

1. Balasore Division, Balasore No. 63474/HC dt. 19.11.86

2. Bhubaneswar Division, BBSR No. 11844/H.S dt. 4.3.97

3. Koraput Division, Jeypore No. 31045/D & A dt. 7.8.2004

The State Government in Home Department Notification

No.31045/D&A dt.7.8.04 in exercise of the power conferred by Clause(s) of Sec.2 of
the Code of Criminal Procedure, 1973 (2 of 1974) and in supersession of the
notification of the Government of Orissa in the Home Department No.38962/H.C.
dt.17.7.01 have declared the offices mentioned in Column – I of Schedule-I below to
be Police Stations which shall include within their respective limits the areas specified
against each in Column-2 of the said Schedule for the purpose of the offences
contained in Schedule-II below with effect from the date of publication of the
notification – Appendix – 7.

Name of the Office Jurisdiction

1. Office of the S.P., Vigilance, Cuttack. Revenue Districts of Cuttack, Jagatsinghpur,

Jajpur, Kendrapara, Dhenkanal and Angul.
2. Office of the S.P., Vigilance, Revenue Districts of Puri, Khurda and
Bhubaneswar. Nayagarh

3. Office of the S.P., Vigilance, Balasore. Revenue Districts of Balasore, Bhadrak,

Mayurbhanj and Keonjhar.
4. Office of the S.P., Vigilance, Revenue Districts of Sambalpur, Bolangir,
Sambalpur. Jharsuguda, Bargarh, Sonepur, Deogarh and
Sundargarh.
5. Office of the S.P., Vigilance, Revenue Districts of Ganjam, Gajapati,
Berhampur. Kandhamal and Boudh.
6. Office of the S.P., Vigilance, Koraput Revenue Districts of Koraput, Rayagada,
Division, Jeypore. Nawarangpur, Malkangiri, Kalahandi and
Nuapada.
 33

SCHEDULE – II

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

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

(49 of 1988).

c) Offences relating to :

(i) evasion of taxes and different control orders;

(ii) Transit and possession of Forest Products as enumerated in sections

45 and 46 of the Orissa Forest Act, 1972 (Orissa Act 14 of 1972) read
with Section 56 of the said Act;

(iii) the Orissa Timber and other Forest products Transit Rules, 1980;

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

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

(vi) the Standard of Weights and Measures (Enforcement) Act, 1985

(54 of 1985);

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

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

(ix) all organized offences under the aforesaid Acts, Orders and Rules
affecting the pecuniary interest of the State;

d) Offences under Sections 409, 419 and 420 and Chapter-XVIII of the Indian
Penal Code, 1860 committed by Public Servants as defined in the said Code
and in the Prevention of Corruption Act, 1988.

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

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

f) Any other particular offences or class of offences that may be specified by the
State Government from time to time.

However, as per the provision of Section 31 of the P.C. Act, 1988, Sections
161 to 165-A of the India Penal Code (Act - 45 of 1860) have been omitted and
Section 6 of the General Clauses Act, 1897( Act 10 of 1897) shall apply to such
omission as if said sections had been repealed by a Central Act.
 34

Control and Supervision

(a) The Director of Vigilance in addition to the powers of head of a

Department shall exercise all powers and authority in respect of Vigilance Police
which are exercisable by the Inspector General of Police in respect of General Police
as provided by or under the Police Act 1861, Police Manual Rule and Orders issued
by the Government from time to time. Initially, the personnel of the State Vigilance
Police were drafted from the State Police as proposed by the Director of Vigilance
and agreed/accepted by the State Police. All the Police personnel posted to Vigilance
Organisation are governed by the provisions of the Police Act, 1861 and the ancillary
Act/ Rules/ Regulations made and contained in the Orissa Police Manual besides the
provisions made under the Orders 2004 dt.29.12.2004 of the Government of Orissa
in General Administration (Vigilance) Department issued under the Resolution
No.8601-VE dt.29.12.2004 of the General Administration (Vigilance) Department,
Orissa Cuttack, and called as the Orissa Vigilance Group ‘A’ and Group ‘B’ Services
(Method of Selection and Conditions of Deputation) Orders 2004, regulating the
method of selection and conditions of service of persons posted to the Orissa
vigilance (Group ‘A” and Group ‘B’) services on deputation. (Relevant Government
Order is at Appendix – 3.

(b) The Director of Vigilance will be responsible for the proper

performance of the duties and responsibilities assigned to the Vigilance. He may also
generally coordinate the work of and advise Government Departments/Undertakings
in respect of all matters pertaining to maintenance of integrity in administration. He
shall be furnished with information about action taken by any Government
Department, Office or Undertaking on his recommendations.

(c) The creation of Vigilance Directorate does not imply that the
Departments of Government, Heads of the Departments/Offices and Undertakings
are absolved of their duty and responsibility of combating corruption and keeping
constant watch over their subordinates. These officers as well as the District
Magistrates and Superintendents of Police shall render all assistance to the officers
of the Vigilance organisation in the enquiries conducted by them including providing
access for inspection of materials and documents required for the purpose. All
Departments of Government, Heads of Departments/Offices/Public Undertakings
shall extend fullest cooperation and assistance to the officers of the Vigilance
Organisation in their enquiries/investigations. All communications from Director of
Vigilance should be properly and promptly attended to by them.
 35

In this regard Government Circular No. 10350 dt. 27th Oct. 2001
issued by the Chief Secretary and Chief Development Commissioner, Orissa to all
concerned is annexed vide Appendix – 4.

(d) The Director, Vigilance shall be competent to alter and amend the
jurisdiction of Squads/Units and to establish new Squads/Units which do not involve
in the increase of any personnel without the orders of the Government He shall be
competent to make any transfer of Vigilance Police personnel from one place to
another within the Organisation provided that in respect of transfer of Officers of the
rank of D.S.P. and above, usual notification will be issued by General Administration
(Vigilance) Department and endorsed to all concerned and sent for publication in the
Orissa Gazette.

(e) The Director, Vigilance shall also function as Ex-officio Special

Secretary to Government, General Administration (Vigilance) Department. The
Inspector General of Police, the Deputy Inspector General of Police, the Assistant
Inspector General of Police, Superintendent of Police/Additional Superintendent of
Police and Deputy Superintendent of Police in the Directorate will be designated as
noted below :

I.G. of Police Ex-officio Special Secretary

D.I.G. of Police Ex-officio Additional Secretary

A.I.G. of Police/S.P.(S.G.) Joint Secretary

A.I.G. of Police / S.P.,./ Deputy Secretary

Addl. S.P.
D.S.P. Under Secretary

(General Administration Department O.M. No. AIS/II – 28/2 –1994/Gen.

dt.5.6.2000 communicated vide Memo No.19942/Gen dt.5.6.2000 appended vide
Appendix No.-5.)

The Director, Vigilance may inspect any of the Vigilance Division

Office / Offices and Vigilance Unit Office / Offices once in every year. He/She may
also inspect different Sections/Wings of the Vigilance Directorate including Vigilance
Cell Offices once in every year.
 36

The Inspector General of Police, Vigilance shall perform such

duties as may be assigned or delegated from time to time by the Director of

Vigilance. In this regard, the nature of duties delegated by the Director, Vigilance at

present are mentioned below, subject to overall supervision of the Director, Vigilance,

Orissa, Cuttack.

(1) Shall formulate, look after monitor and supervise the work relating to

Policy and Co-ordination, Technical Section, Tax Wing, Administration, Accounts

Section, Establishment Section, General Section subject to any change in duty/duties

as may be expedient and ordered by the Director, Vigilance.

(2) Shall maintain close watch and superintend the work and functions of

the Divisional Superintendents of Police as allotted to him and endeavour to establish

uniformity of procedure and harmonious cooperation between the Divisions.

(3) Function as Chief controlling authority over the enquiries/

investigations entrusted to the officers in the Divisions and ensure that investigations

are conducted expeditiously in right direction with meticulous care under the

guidance and supervision of the immediate superior officers.

(4) Exercise disciplinary powers, both original and appellate, over

personnel of the Directorate/Divisions.

The Inspector General of Police, Vigilance shall inspect the Vigilance

Division Offices under him once in every year and, where necessary shall inspect the

Vigilance Unit Offices of the respective Vigilance Divisions once in every year. He

may also undertake surprise visits to Vigilance Squad Offices of the Divisions under

him when considered necessary.

 37

The Deputy Inspector General of Police, Vigilance shall perform

such duties as may be assigned or delegated from time to time by the Director of

Vigilance. In this regard, the nature of duties delegated by the Director, Vigilance

are mentioned below, subject to overall supervision of the Director, Vigilance, Orissa,

Cuttack.

(2) Shall formulate, look after and supervise the work of Sections/Wings

which are entrusted by Director, Vigilance from time to time.

(3) Shall maintain close watch and superintend the work and functions of

the Divisional Supdts. of Police as allotted to him and endeavour to establish

uniformity of procedure and harmonious cooperation between the Divisions.

(4) Function as Chief controlling authority over the enquiries/

investigations entrusted to the officers in the Divisions and ensure that investigations

are conducted expeditiously in right direction with meticulous care under the

guidance and supervision of the immediate superior officers.

(5) Exercise disciplinary powers, both original and appellate, over

personnel of the Directorate/Divisions.

The Deputy Inspector General of Police, Vigilance may inspect the

Vigilance Division Offices/Unit Offices under him once in every year. May also

undertake surprise visits to the Vigilance Squad Offices of the respective Divisions,

when deemed necessary.

 38

The Assistant Inspector General of Police, Vigilance shall perform

the duties as may be assigned from time to time by the Director of Vigilance. In this

regard, the nature of duties assigned to the A.I.G. of Police, Vigilance by the Director,

Vigilance for performance in Vigilance Directorate under the direct supervision of

the I.G. of Police, Vigilance/D.I.G. of Police, Vigilance and overall supervision of the

Director, Vigilance, Orissa, Cuttack. The AIG will supervise the work of following

sections.

(1) Establishment Section/Accounts Section/General Section/Issue

Section/Reserve Office/Motor Vehicles/Welfare/Library/Photo Section.

(2) Authorised to issue purchase orders in all cases up-to Rs.2000/-

(Rupees Two thousands) only. The monetary limit for issue of purchase orders may

be enhanced by the Director, Vigilance.

(3) Also look after any other section as directed by the Director,

Vigilance/I.G.P., Vigilance.

The Assistant Inspector General of police, Vigilance may inspect the

Establishment Section/Accounts Section/General Section/Issue Section/Reserve

Office/Motor Vehicle Section/Welfare Section/Photo Section/Library in Vigilance

Directorate once in every year, and any other Section of the Vigilance Directorate as

and when directed by the Director, Vigilance.

 39

The Superintendent of Police of each Vigilance Division shall be

wholly and fully responsible for the proper conduct of enquiries/investigations
entrusted to the Officers of his Division. The duties and responsibilities of the
Superintendent of Police include the following important duties:

(1) Organise collection of good and accurate intelligence from the

Vigilance point of view.

(2) Guide and instruct the subordinates in due discharge of their duties –
more intensively those who are holding their first charge in the Department – and
ensure their all round efficiency, honesty and discipline.

(3) Inspection of Division office and Units/Squad Offices in his jurisdiction

once every year.

(4) Ensure proper up-keep of accounts and internal economy in the

management of the Division.

(5) Supervision of important enquiries/investigations and ensuring timely

preparation of Progress Reports, S.P.’s Reports, Final Enquiry Reports, Detailed
Reports etc. for submission to the Vigilance Directorate.

(6) Disposal of enquiries/investigations initiated in the Division against

Class-III officers and below.

(7) Keep liaison with Prosecuting agency to ensure that cases do not
suffer due to lack of legal assistance at the stage of investigation or faulty
presentation in the Courts.

(8) Timely submission of periodic reports, reviews, returns regarding

performances of the Division/individual officers in different fields.

(9) Shall inspect Vigilance Unit Offices and Vigilance Squad Offices,
Court Offices, various Sections of the Division Office under them once in every year.

Superintendent of Police, Vigilance, Cell of the Vigilance Directorate

shall inspect the Unit Office and different sections under the administrative control
once in every year.

Superintendent of Police, Vigilance, Coordination shall also inspect

the different branches of Coordination Wing once every year.
 40

Vigilance Cell & Special Unit of Vigilance Cell

A centralized intelligence and investigation Unit, called “Vigilance

Cell”, is functioning in the Vigilance Directorate with Headquarters at Cuttack, under
the Director of Vigilance with the required number of officers and men being headed
by one Superintendent of Police, Vigilance. A branch of this main Vigilance Cell is
also functioning at Bhubaneswar under the charge of one D.S.P., Vigilance with the
required numbers of officers and men for performance of duties as assigned. The
main function of the Vigilance Cell is prioritizing the work relating to secret collection
of intelligence on important and sensational corruption matters and to work out the
same and convert it into proper action expeditiously after due verification of its
authenticity/genuineness with all fairness and meticulous care – that may be by way
of institution of criminal cases or by recommending for departmental action or
otherwise, as the case may be, basing on the merits of the same .With these
aspects, the main objective of the Vigilance Cell is to enquire into and detect the
cases relating to possession of disproportionate assets by the corrupt public
servants/officials and persons holding high political and public offices and to book
and punish them for commission of the alleged offence of criminal misconduct. They
are also required to catch the corrupt public servants/officials red-handed by laying
“Traps” successfully and to make them liable under the proper provision of law with
deterrent punishment for the alleged offence.

In addition to the above, after careful consideration and as per the

orders of the Government issued under General Administration (Vigilance)
Department Notification No. Estt. 2/2002/ 985/VE. dt.6.2.2002, another Special Unit
was created and started functioning at Bhubaneswar being headed by one D.S.P.,
Vigilance, assisted by required number of Inspectors and other staff.

The duties assigned to be performed by this Special Unit are

mentioned below:-
(i) Collection and reporting of intelligence of corruption in high places.
(ii) Surveillance on select suspects.
(iii) Secret verification of and report on complaints/allegations against
senior official/public functionaries.
(iv) Maintaining a close internal vigil on the officials of the Vigilance
Organisation and verification of complaints, if any, against them and
report thereof, and
(v) Such secret assignments as may be assigned by Director, Vigilance
from time to time.

The officers of the Special Unit will report to the Director, Vigilance
directly or through any senior officer so assigned as to maintain confidentiality.
 41

D.S.P., Vigilance Unit : (Ref: Circular Order No.1/2000)

In order to improve the quality of investigation, accountability and

operational efficiency, Unit Offices are established progressively by abolishing the
existing Squads. Unit Offices are self-contained, so far as resources are concerned.

The duties of the Unit D.S.P. are specified as under:

1. Will be responsible for efficient functioning of the officers and men

attached to the Unit and will be accountable to the S.P.

2. As territorial jurisdiction of the Unit has been defined, will be

responsible for collection of anti-corruption intelligence covering all
Government Organisations and Public Sector Undertaking etc.
functioning within the Unit jurisdiction.

3. The D.S.P. will be responsible for efficient performance of the duties

by the officers and men posted under him for proper conduct of
investigation and enquiries entrusted to them.

4. Targets are fixed for each Division. The Divisional Superintendents of

Police proportionately distribute the targets amongst the officers. The
Unit D.S.P. shall be responsible to motivate officers so as to make
them target-conscious and guide them to achieve the proportionate
target every month/quarter. Shall be responsible for achievement of
the proportionate target fixed for all the officers of his Unit.

5. Will take up investigation and enquiries as entrusted to him by the

S.P.

6. Will ensure that Case Diaries and enquiry diaries are regularly written
by the officers which should be submitted by him after perusal, to the
Divisional office.

7. The Unit D.S.P. shall assist the S.P. in preparation of progress reports
in criminal cases and file enquiries entrusted to the officers of the Unit
and shall remain present during monthly review of the cases/files/I.Rs.
by the S.P.

8. Will ensure that advance tour programme drawn by the officers and
approved by the S.P. are implemented by the officers and they
fruitfully utilize the time to make progress in investigations and
enquiries pending with them.

9. Will ensure submission of Tour Diaries / Monthly Summary of Work of

all officers of the Unit to the S.P. by the end of first week of following
month.
 42

The following permanent Registers are to be maintained in the Unit

Office. The Unit D.S.P. shall ensure that these Registers are properly maintained in
bound volumes:-

(I) Crime Index

All cases being investigated into by the officers of the Unit and those
contributed by the officers should be entered in the Index chronologically. While Unit
serial number can be indicated, the Divisional case reference should be mentioned.
Relevant columns in the Crime Index indicating Case Diary reference, date of
submission etc. should be filled in and P.R. reference be mentioned. Printed Crime
Index may be used.

(II) File Register

A File Register should be maintained. Enquiry Diary reference and

date of submission of Progress Report etc. should be indicated apart from other
details. A format indicating the headings of the columns is appended as Annexure-I.

(III) Information Register

An information Register should be maintained. All I.Rs. entrusted to

different officers for verification (secret) of the Unit should be entered in this Register.
A format indicating headings of the columns is appended as Annexure-II.

(IV) Anti-Corruption Intelligence Register

A Register for Anti-corruption Intelligence Reports (A.C.I.Rs) should

be maintained. ACIRs submitted by different officers of the Unit should find entry in
this Register. Cross reference of I.R., file and criminal cases should be mentioned as
and when orders are received to that effect. A format indicating headings of the
Register is appended as Annexure-III.

(V) Malkhana Register

A Malkhana Register should be maintained in the Unit. All documents

and properties seized or taken charge of during investigation and enquiries by the
officers of the Unit should be entered promptly in the Register. Duplicate copy of the
Malkhana Statement be submitted to the Division Office by the end of the first week
of the following month. Printed Malkhana Register be used.
 43

On completion of investigation/enquiry, the properties should be sent

to the Divisional Malkhana along with the case records. On receipt of properties /
documents and recommendation of the I.O./E.O., the Divisional S.P. will decide
necessary follow up action.

(VI) Guard File

A Guard File should be maintained. All Circulars and standing orders

issued from time to time should be kept in the Guard File with proper index. The
guard file can be consulted by the officers for their reference as and when required.

(VII) Receipt and Despatch Register

These two Registers should be maintained and all letters received at

the Unit addressed to different officers and those despatched by the officers to
different quarters should be entered in the Receipt and Despatch Register, as the
case may be. Pending lists in both the Receipt and Despatch Reregisters should be
brought out regularly as per the existing instructions.

In addition to the above, the following registers are to be maintained in

the Unit offices. (Ref: Letter No. 6479/VG dt. 5.8.2008)

1. Surprise Check Register

2. Summons Register

3. Warrants Register

4. Confidential Note Book

5. Authenticated list of Government properties

6. Authenticated list of law books

7. Land particular Register

8. Petition Register

9. C.L. Register

10. Car Diary

 44

Annexure - I

File Register of Vigilance Unit Office

Sl. File Date of order Name, Departm Allegation in P.R. Date of Results Name of
No. Refer of Open address ent & brief referen Final the
ence Enquiry of and status of ce with Report & Enquiring
authorities / designation Suspect date Despatch Officer
Government of the Officer
Suspect
Officer

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Annexure - II

I.R. Register of Vigilance Unit

Sl. I.R. Date of Name, Department Gist of Result of Date of Name of

No. No. receipt of address and & status of allegation Verification submission the
I.R. for designation Suspect of Secret Enquiring
verification. of the Officer. Verification Officer.
Suspect Report.
Officer.

1. 2. 3. 4. 5. 6. 7. 8. 9.

Annexure - III

A.C.I.R. Register of Vigilance Unit Office

Sl. Reference Name/ Department Gist of Date and order Result(IR/ Name of the
No. of Designation & Status of allegation of Authorities/ File/Case officer
Despatch & address of Suspect Government reference submitting
from Unit the Suspect Officer. for action by to be the Anti
Office Officer. Enquiring mentioned) Corruption
Officer. Intelligence
Report.

1. 2. 3. 4. 5. 6. 7. 8.
 45

Link Offices

Link Offices are functioning in the Vigilance Directorate being termed

as Link – ‘S’ and Link – ‘N’ (i.e. Link – S Crime & Secret and Link – N Crime &
Secret). These two Link Offices maintain liaison with Vigilance Divisional Offices and
officers to monitor progress of Vigilance investigations and enquiries as well as
preventive and enforcement action. Take necessary follow up action for completion
and finalisation of Vigilance Cases and enquiries expeditiously.

Since the S.P. Vigilance Cell is functioning in the Vigilance Directorate

itself, there is no link office to monitor cases/enquiries taken up by Cell officers. The
S.P. Cell shall keep such numbers of DSP/Inspector in Cell office for this purpose.

In addition to the above duties, Link Offices are also required to take
follow up action to obtain information in respect of all cases pending for sanction in
G.A. Department / other Departments of the Government and with other competent
authorities for record in Link Offices and computerization of the same in Computer
Cell of the Vigilance Directorate for further timely action in all related matters, as may
be necessary.

For that purpose, all the Ss.P. of the Vigilance Divisions including Cell
S.P. must furnish in every month the basic information on all cases pending for
obtaining sanction order from any other Departments/competent authorities
department-wise in the format, furnished for the purpose to Vigilance Directorate. At
the same time they must also furnish in every month the list of cases referred for
departmental action. Timely feeding of such information/data to Vigilance Directorate
shall be ensured by them.

On receipt of the said information, the Section Officers of the Link

Offices shall record it in the relevant Registers and pass on the information to
Computer Cell for immediate computerization in the Computer, department-wise for
ready reference and action as and when necessary.

In this regard Vigilance Circular Order No.5/2005 be referred to for

guidance and action accordingly.
 46

Coordination Wing

In the Vigilance Directorate, one “Policy & Co-ordination Wing is

functioning, being headed by one S.P./ Addl. S.P., Vigilance under the supervision of
the I.G.P./D.I.G.P., Vigilance.

For expeditious action and disposal of various related matters, this

main wing has been subdivided into 4 branches such as :

(i) Coordination – “A” (ii) Coordination – “B”

(iii) Coordination – “C” (iv) Coordination – “RA”
(Research & Analysis).

Functions/nature of work and duties etc. assigned to these branches

are as under:-

(i) Coordination ‘A’ - Liaison with the Press, Preparation of Press Notes, Monthly
and Quarterly Achievement Reports and submission of the
same to various quarters, Quarterly Crime Review.
(ii) Coordination ‘B’ - Assembly and Parliament matters, Vigilance Clearance
Reports, Compilation of Vigilance Bulletin and Vigilance
Gazette.
(iii) Coordination ‘C’ - Indexing, Preparation of monthly Performance Reports of all
Sections of Vigilance Directorate, submission of Monthly
Reports to C.B.I./ N.C.R.B. etc. It also deals with receipt and
despatch of letters.
Computerization of uptodate information, with regard to
involvement of the Public Servants/Government Servants in
Vigilance enquiries / investigations is very important and
necessary while considering their promotion, deputation,
foreign tours, retirement etc. and taking appropriate action in
the matter. Hence, with a view to ensuring timely submission
of relevant data by the Divisions, and Vigilance Cell, 3 forms
are prescribed and despatched to the Division Headquarters
in Circular order.No.4/98 with relevant guidelines in detail for
submission of data methodically at different stages of
enquiry/ investigation/and trial for computerization and
necessary action without any difficulty/ delay .
(i) Form No.1 relates to data to be submitted immediately
after initiation of a Criminal Case or a file enquiry.
(ii) Form No.2 relates to relevant information to be
furnished on completion of investigation or enquiry.
(iii) Form no.3 pertains to results of Trial/ departmental
enquiry.
(iv) Coordination - Liaison with Heads of Departments, C.V.Os. of Government
‘RA’ (Research Departments/P.S.Us. on internal Vigilance/Preventive
& Analysis) Vigilance, correspondence with C.V.C./C.B.I./Lokpal,
observance of Vigilance Awareness Week and conduct of
In-service Training. Annual Conference, Press Clippings,
Tour Diaries and M.S.W. of Ds.S.P / Inspectors of Divisions.

In this regard Vigilance Circular Order No.1/2007 containing the

details of the nature of the work and duties etc. assigned to be performed by this
Section be referred to for guidance and action accordingly.
 47

Computer Wing

A Computer Cell is functioning in the Vigilance Directorate. The data

pertaining to all Vigilance Cases and enquiries are stored in Computer for immediate

reference and retrieval. All the Divisions, unit offices and squad office have been

provided with required number of Computers with internet facilities . All officers and

men of Vigilance Organisation are expected to be computer literate.

The Computer Section is headed by one D.S.P. (System Analyst). He

is being assisted by required number of Radio Telephonic Constable(RTC)/L.C as

Data entry operators.

Besides storage of data in respect of all the crimes/criminals involved

in Vigilance Cases/Enquiries, this system effectively helps in giving Vigilance

Clearance in the matter of promotion, retirement, foreign tours, deputation etc, which

are referred to Vigilance Directorate (G.A (Vigilance )Department) from different

Departments/Heads of Departments/Public Sector Undertakings and other related

Organisations.

The wing is also responsible for maintenance of Orissa Vigilance

Website, receipt of complains / letters through E-mail, installation and networking of

computers of State Vigilance as well as imparting training to officers / men to make

them Computer literate.

 48

Prosecution Wing

A Prosecution Wing has been newly created in Vigilance Directorate,

Cuttack during the year 2007 as per guidelines contained in Circular Order No. 1/07.
This Wing started functioning right from 1.7.2007. Pursuance to creation of this wing
erstwhile Law General Section has been abolished. The aim and objective of creation
of this Wing have been laid down in the said circular order. This Wing is headed by a
Legal Advisor in the rank of the District Judge/Addl. District Judge. One D.S.P. and
required number of staff have been posted to this Wing for smooth functioning of the
day-to-day work.

Functions

1. Appointment of Standing Counsel, Addl. Standing Counsel, Special P.Ps,

Addl. P.Ps and Asst. P.Ps.
2. Monitoring the progress of pending trial cases in different Special Judge,
(Vigilance) Courts as well as Special Courts established at Cuttack and
Bhubaneswar.
3. Opening of Special Courts, Special Judge, (Vigilance) Courts, and their
jurisdiction etc.
4. To co-ordinate all matters relating to trial etc. with different Vigilance Courts
after submission of final form and to deal with matters relating to Vigilance
cases pending in Supreme Court and High Court and Supreme Court.
5. To process matters relating to trial of D.A cases in the Special courts
established under the Orissa Special Courts Act, 2006 at Cuttack and
Bhubaneswar as well as initiation of confiscation proceeding in the courts of
Authorised Officers concerned.
6. To scrutinize judgments passed in Vigilance cases by different courts for
deciding about appeal, revision etc.
7. To process proposals for creation of new Vigilance courts and change of
jurisdiction etc.
8. To study judgments /court orders in Vigilance cases and prepare draft circular
orders for systematic improvements in investigation /prosecution.
9. To monitor, initiation, progress and early finalization of Regular Departmental
Action recommended in Vigilance cases/enquiries or Vigilance Intelligence
Reports.

As per Office Order No. 882/VL dt. 18.8.99 of the Vigilance

Directorate, the duties and functions of the Legal Advisor are defined as under :
 49

Duties of the Legal Advisor, Vigilance

(Ref : Office Order No.842/VL dt.18.8.1997)

1. The Legal Advisor will be the Chief Counsel of the State Vigilance in all legal
and procedural matters.

2. Scrutinize Detailed Reports and Enquiry Reports referred to him and

comment on the merits of the cases and action proposed to be taken as well
as generally advise on all legal points involved in various matters.

3. Maintain necessary liaison and contact with the Law Department and the
office of the Advocate General and keep the Director, Vigilance informed
about all matters of importance or interest dealt with by him.

4. Advise in legal matters on general points or in specific cases.

5. Deal with matters involving amendment of Law.

6. Matters involving policy and General principles in connection with

investigation or prosecution or departmental action.

7. Under take scrutiny of results of trials in courts and of the judgments,

whenever necessary and recording of comments on the adequacy or
otherwise of punishment awarded by courts.
8. Advise on appeal and Revisions to be filed in cases resulting in acquittal or
discharge or where the punishment awarded is not adequate.

9. Deal with Assembly questions involving Legal issues.

10. Scrutinize Ss.P’s reports, Draft Charges, Statements of allegations etc. in
cases proposed for departmental action and draft sanction orders in cases for
prosecution of public servants removable by Government.
11. Scrutinise results of departmental action.

12. Keep liaison with the trying courts in Vigilance cases and help in expediting
the trial process.
13. Keep track of judgments of the Supreme Court and the High Courts relevant
to Vigilance work.

14. Monitor the functioning of the office of the Public Prosecutors / Additional
Public Prosecutors / Assistant Public Prosecutors and Prosecuting Inspectors
of the Divisions. At least once a year, Legal Advisor will inspect their work and
issue inspection notes.
15. In all cases charge sheeted for trial, progress reports from Divisions received
at Head Qrs. will be scrutinized by Legal Advisor before being put up to
Director/IG/DIG.

16. Such other subjects relating to legal matters as may be referred to by the
Director, Vigilance/I.G of Police, Vigilance /D.Is.G. Vigilance.
 50

Duties and responsibility of the office of the Standing Counsel, Vigilance.

The duties and responsibilities of Standing Counsel, Additional Standing

Counsel and Liaison Officer are as follows :

1. Standing Counsel, Vigilance.

(i) The Standing Counsel, Vigilance shall have the overall responsibility of all the
Cases filed/pending in the Hon'ble High Court.

(ii) Within the next working day, after receipt of the copy of a case, served upon
him either by the concerned party/Advocate or an officer of the Hon'ble High
Court or through the State Vigilance Organisation he shall, where necessary,
send his requisition for instructions/papers/documents to the AI.G. of Police,
Vigilance, Orissa, Cuttack in Form No. S.C. 1 (annexed).

(iii) As soon as practicable, after sending his requisition, he shall file his
Appearance Memo in the Honourable Court, in the concerned case in Form
No. S.C. 2 (annexed).

(iv) The Standing Counsel (Vigilance) shall file all cases in the Hon'ble High Court
on behalf of State Vigilance Organisation or State Government/ General
Administration Department concerning Vigilance cases (case includes and
means application, petition, motion, revision or appeal).

(v) As soon as a case is filed or received, the Standing Counsel, (Vigilance )

shall send an intimation to the A.I.G. (Vigilance ) in the case Institution Slip in
Form No. S.C. 3 (annexed).

(vi) As soon as a case is disposed of, the Standing Counsel (Vigilance) shall
send an intimation to the A.I.G. (Vigilance), the case disposal slip in Form No.
S.C. 4 (annexed).

(vii) The Standing Counsel, (Vigilance) shall keep the case records, Case Diaries
and all other connected papers of a particular case received by him from the
Investigating Officer of the case or otherwise till the same is collected back
from him on proper receipt by the I.O. or by any authorised employee of the
State Vigilance Organisation.

(viii) The Standing Counsel, (Vigilance) shall give instructions of day to day working
and shall entrust the Additional Standing Counsel with such number of cases
of such type as is deemed proper, ensuring that the Additional Standing
Counsel is adequately and proportionately engaged. Such entrustment of
cases shall be made on proper receipt by the Addl. Standing Counsel,
(Vigilance) and under intimation to the A.I.G. (Vigilance)
 51

(ix) The Standing Counsel, (Vigilance) shall give his opinion on any particular
case / matter, may be required by any officer of the State Vigilance
Organisation, not below the rank of A.I.G. of Police, Vigilance.

(x) The Standing Counsel, (Vigilance) shall respond to any query or

communication made by any responsible officer of the State Vigilance
Organization.

The Standing Counsel, Vigilance may respond to any query or

communication made by any other Government Officer, with copy to the A.I.G.
(Vigilance).

2. Additional Standing Counsel, Vigilance

(i) The Addl. Standing Counsel (Vigilance) shall attend to all the work entrusted
to him by the Director, Vigilance or Standing Counsel (Vigilance) and shall
meet the Standing Counsel at least once on every working day of the Hon'ble
Court for exchange of information & views on case matters unless he gives a
prior intimation of his inability to do so on any particular day.

(ii) As soon as a copy of a case is served upon the Addl. Standing Counsel,
(Vigilance) shall hand over the same to the Standing Counsel, (Vigilance)
preferably during the same working day.

(iii) The Addl. Standing Counsel shall respond to any query or communication
made by any responsible officer of the State Vigilance Organisation with a
copy to the Standing Counsel.

(iv) As soon as a case, entrusted to the Addl. Standing Counsel is disposed of,
he shall send intimation to the A.I.G. (Vigilance) in the case disposal slip in
Form No. S.C. 4, along with the case records, Case Diaries and other
documents available on record, with a memo to the Standing Counsel.

3. Liaison Officer

(i) The Liaison Officer shall keep liaison with the Standing Counsel /Addl.
Standing Counsel/High Court Registrar/Office of the Advocate General/ other
Establishments and Courts etc. and the Vigilance Directorate, Orissa,
Cuttack.

(ii) Shall see that the Requisition Slips, Institution Slips, Disposal Slips and other
communications are collected daily from the Standing Counsel/Addl. Standing
Counsel, Vigilance and are properly attended to/executed in the Vigilance
Directorate, Orissa, Cuttack.

(iii) Shall co-ordinate due execution of the works entrusted to the P .A/typists of
the Directorate, and the Constable by the Standing Counsel/ Addl. Standing
Counsel and shall carry out such other duties as may be entrusted by the
office of the Standing Counsel /Addl. Standing Counsel, Vigilance.
 52

ANNEXURE
FORM No. SC - 1
Immediate/Urgent /Ordinary

Standing Counsel, Vigilance, Cuttack

To
The AIG of Police, Vigilance,
Orissa, Cuttack

Sub:- MEMO OF INSTRUCTIONS

REFERENCE
a) Name of Accused :
b) Vigilance P.S.Case No. :
c) V.G.R. Case No. :
d) T.R.No. :
e) W.P.( C) /Crl.A/Crl.Misc. Case/CR.REV/BL APL/Crl. L.P./G.Crl. A/Crl.
M.Appl. No. ______________ of _____________.

PLEASE SEND

1. Documents noted herein :-

2. The concerned Investigating Officer or a Responsible Officer, who is

acquainted with the case for filing AFFIDAVIT.

3. The Duplicate case diary with FIR, Charge sheet etc. and also intimate
the stage of investigation/trial of the case.

4. The following instructions noted herein.

5. An early response to Memo No.____________dated ____________

PLEASE SEND

FOR THE PURPOSE OF --------------------------------------------------------------------------BY

DATED ------------------------------.

Standing Counsel, Vigilance

 53

FORM No.SC - 2.

IN THE HONOURABLE HIGH COURT OF ORISSA, CUTTACK

CR. MISC. CASE/CR. REVISION/CR. A./W.P.( C) NO.---------------/200

……. Petitioner

- Versus-

STATE OF ORISSA AND OTHERS….. Opp. Parties

MEMO

I hereby enter appearance in the above noted case on behalf of the

party No.

ADDL.S.C./STANDING
COUNSEL,VIGILANCE
Cuttack
Dated :

FORM No. SC - 3
SL. No.
Dated
To
The AIG of Police, Vigilance,
Orissa, Cuttack

Sub:- CASE INSTITUTION SLIP

1. Name of accused/ :
petitioner
2. Vigilance P.S. Case No. :
3. VGR Case No. :
4. TR No. :
5. Any other type of case :
6. High Court case No. : WP(C)/CRLA/CRLMC/BLAPL/CRILLP/GCRLA/CRLMAPC)
7. Date of Filing/Receipt :
8. Filed by: GA (Vigilance)
Department
Accused
Relation of accused

Public
9. Name of Authority :
impleaded
10. Remarks :

Cuttack/Dated ADDL. S.C./S.C.VIGILANCE

 54

FORM No. SC - 4

To

The AIG of Police, Vigilance,

Orissa, Cuttack.

Ref:- CASE DISPOSAL SLIP

1. Name of accused/ :
petitioner

2. Vigilance P.S. Case :

No.

3. GR Case No. :

4. TR No. :

5. Any other type of :

case

6. High Court case No. : WP(C)/CRLA/CRLMC/BLAPL/CRILLP/GCRLA/CRLMAPC)

7. Date of :
Filing/Receipt/
Entrustment (with Sl.
No.& date of
Institution slip)

8. Date of disposal

9. (Please collect from Standing Counsel/Addl. S.C. Vigilance after 6 months or earlier,
if so required)CD and other documents available on record.::

10. Result/Remarks:- :
(Please instruct if
certified copies
required),

Cuttack

Dated ADDL. S.C./S.C.VIGILANCE

 55

Duties of the Public Prosecutor/Additional Public Prosecutor, Vigilance

The Public Prosecutor / Additional Public Prosecutor will be

responsible for the entire work of the prosecution section and of the A.P.Ps working
under them. In particulars:-

1. Ensure that the records relating to the section are correctly and properly
maintained and that statements, returns and reports are submitted in proper
time and without delay.

2. Vet the F.I.Rs.

3. Give legal advise to the I.Os on the instruction of the S.P.

4. Scrutinize Detailed Report and submit Legal Scrutiny Report in the prescribed
format for perusal of S.P.. Besides, prepare draft sanction order and vet
charge sheet before submission to the court.

5. Ensure that statements of witnesses and copies of documents, as necessary

under the law, are supplied to the accused person as promptly as possible.

6. Conduct prosecution in court of all important cases and submit court diaries
immediately after each hearing. Brief the witnesses in advance before they
appear for examination in the courts.
7. Keep an eye on the conduct of the prosecution by Assistant Public
Prosecutors of the Division and give necessary help, guidance and advice.

8. Prepare and forward conviction, acquittal and discharge reports in the

prescribed form.

9. Take steps to obtain certified copies of the judgements, as may be necessary,

without delay. In cases in which appeal or revision is recommended, the P.P.
will prepare a self-contained note giving briefly the facts of the case, the
reasons for acquittal or discharge and the grounds on which appeal or
revision is considered necessary.

10. P.Ps/Addl. P.P. will be responsible to see that Government Counsels or

Special Counsels engaged in Vigilance Cases are fully and properly briefed.

11. Keep in touch with the progress of Vigilance cases coming up in the High
Courts.

12. Responsible for correct preparation of draft charges statement of allegations

and list of witnesses in Regular Departmental Action.

13. Ensure disposal of the properties in the Malkhana by obtaining orders from
the courts in time.
 56

14. Ensure that warrants are obtained for the arrest of absconding accused
persons and that necessary action is taken under the appropriate provisions
of the Cr.P.C.

15. Responsible to see that summons to witnesses are issued from courts in
time.
16. Keep the S.P. informed of all important matters concerning the work of the
section or concerning the proceedings in court or in about departmental
proceeding.

17. Inspect and supervise the work of the P.I. attached to the court office. P.I. will
directly work under the P.P. and report to him for his day to day work.

18. Ensure payment of batta/T.A. to the witnesses by maintaining proper liaison

with the court and payment of T.A. to the retired Government servants in
accordance with the provisions.

19. Discharge any other duties assigned by S.P.

20. To avoid any infirmity in the prosecution cases, the P.P. / Spl.P.P. / Addl. Spl.
P.P. Vigilance may submit written arguments at the time of trial to the
Divisional S.P., so that the S.P. concerned gets scope to make suggestions
where called for. A copy of the written argument may be sent to the DIG/IG
concerned for information. (Ref: Circular Order No. 7/2005).

Duties of Assistant Public Prosecutor, Vigilance

1. Perform such duties as are allotted by the Public Prosecutor, subject to the
concurrence and control of the S.P.

2. Conduct such cases in the courts as are allotted. Brief the witnesses in
advance before the scheduled date of their appearance.

3. Submit court diaries in the cases entrusted and keep the P.P. and the S.P.
informed of all developments in the cases under their charge.

4. Ensure that statement of witnesses and copies of documents as necessary

under the law are supplied to the accused persons in due time.

5. Obtain judgment copies and prepare conviction, acquittal and discharge

reports in the prescribed form and submit those to S.P. through the P.P.

6. Take steps to obtain certified copies of the judgements, copies of deposition

and interlocutory orders as may be necessary without delay and submit those
to the P.P. for preparation of self contained note for going in appeal or
revision.
 57

7. Similarly, offer comments on acquittal or discharge and grounds on which

appeal or revision is considered necessary.

8. In cases which are to be sent up for regular departmental action, he will be

responsible for preparation of Articles of charges, Statement of Imputation
and Memo of Evidence and submit the same to the S.P. through P.P.

9. Responsible to see that summons to witnesses are issued from the courts in
time.

10. Ensure that warrants are obtained for the arrest of absconding accused
persons and that necessary action is taken under the appropriate provision of
the Cr.P.C.

11. Ensure disposal of the properties in the Malkhana by obtaining orders from
the courts in time relating to cases entrusted to him.

12. Keep the P.P. and S.P. informed of all developments in the cases conducted.

13. The A.P.P will maintain such of the records and registers and prepare such
statements, returns and reports as may be asked either by the P.P. or the
S.P.

14. Submit legal scrutiny reports on the detailed investigation report in those
cases which are marked by the P.P.

15. Ensure payment of batta to the witnesses by maintaining proper liaison with
the court and the T.A to the retired P.Ws by liaising with Prosecuting
Inspector.

16. Maintain a forward diary as to the dates of hearing, names of witnesses

summoned, documents to be produced etc. in order to adequately prepare
himself for the next date of hearing.

17. Perform such other duties as may be allotted to him by the P.P. and S.P.
(Ref. Office Order No.882/VE dt. 8.8.99)

18. With a view to give scope to the Divisional S.P. or any other senior officers to
add, modify and improve upon the arguments during trial of the Vigilance
Cases, the A.P.P. may submit written arguments at the time of trial, and
endorse a copy thereof to the DIG/IG concerned. (Ref. Vigilance Circular
Order No. 7 dt. 21.9.2005)
 58

Duties of Prosecuting Inspector, Vigilance (P.I) - Maintenance of Registers

(Ref. Vigilance Circular Order No. 7/83

1. On receipt of charge sheet, P.I. will ensure all papers relating to the charge
sheet, such as search list, seizure list, trap reports, statements u/s 164
Cr.P.C., maps, photograph etc. are duly documented.

2. As soon as documentation is over he will put up the charge sheet along with
the case record to the CJM for taking cognizance or issuing any other orders.
The orders of the Magistrate shall be duly noted in the G.R.

3. In case where final reports are received from the I.O., the same shall be put
up before the CJM and his orders obtained and communicated to the
Divisional office. In all cases where property is seized in a particular case,
orders for disposal of the property shall be duly obtained from the Magistrate
and communicated to the I.O. Similarly court’s orders regarding disposal of
the exhibits or documents shall be obtained by the P.I. It will be better if court
is kept informed about this requirement well in advance so that these orders
can be incorporated in the judgement itself.

4. He will ensure timely supply of documents by the court to the accused free of
charges as required u/s 207 Cr.P.C.

5. In case he finds the court unable to supply the document due to reason
beyond its control, he will immediately bring the matter to the notice of his
S.P. for furnishing such assistance to the court in making out copies as the
S.P. may deem it necessary.

6. In case a particular document happens to be a voluminous, one, he may

inform the court accordingly so that the court shall instead of furnishing the
accused with the copy thereof direct that the accused will only be allowed to
inspect the document either personally or through his pleader.

7. He will go through the case record and check up the addresses of all the
witnesses including the accused person. It is likely that the I.O. and several
other police witnesses may be transferred in the course of the trial or well
before the trial begins. P.I will ensure all such transfers are duly taken note of
by him and the new addresses of the accused or the witnesses are brought
on the file so that there is no delay in the proper service of summon. For this
purpose he shall prepare a list of all the P.Ws both from the side of Vigilance /
Police and other departments or the public. All changes in the addresses of
the witnesses shall be duly incorporated in this list.
 59

8. He will ensure prompt issue of all summons and receipt of service returns well
before the date fixed for the trial. This is a very important duty and calls for
alertness and vigilance on the part of P.I. Negligence in discharge of this duty
will inevitably result in delay in the issue of summons and the parties not
turning up for the trial.

9. In all cases where charge sheets were submitted declaring accused as

absconder, PI will take necessary steps for complying with provision of
section 82,83 and 299 Cr.P.C. relating to the recording of evidence in the
absence of the accused. He will send necessary copies of the proclamation /
processes to the I.O. through the Divisional office for service and execution.

10. He may maintain an absconding register where all action taken by him to
procure the attendance of the accused or apprehension of the absconder
shall be duly recorded.

11. The P.I will maintain Non-FIR registers and shall enter therein all Non-FIR
cases received from I.Os and the result of trial in each case. They should
issue final memos in a separate volume. The result of trial of the Non-FIR
cases referred to the courts may be ascertained by the P.I from the Division
office as and when necessary for issue of final memo.

12. Very often the certified copies of judgements, deposition of witnesses and
other judicial documents are received in delay in Division offices. The public
prosecutors are however responsible for such delay and they either forget to
file application in time or to take timely follow up action thereafter to obtain the
copies. In such matters PIs should keep themselves in constant touch with
the public prosecutors concerned and ensure that the copies of judgements,
deposition of witnesses and other documents in acquittal cases are made
available to the Division office without any unreasonable delay.

13. The P.I, Cuttack will maintain close liaison with the office of the Advocate
General, Orissa and refer to the cause list published by the Hon’ble High
court every day and intimate when any appeal/revision/writ/misc. case is filed
relating to all the 3 Divisions, including the dates fixed for such hearing and
result of hearing in such matters. Reports in this respect should be submitted
immediately to the concerned Ss.P/DIG/ I.G. for prompt action. For this
purpose PI, Cuttack will maintain a register showing the number of criminal
appeal/revision/misc. case, name of party, reference of Vigilance P.S. Case,
dates fixed for hearing, name of Government Advocate/ Standing Counsel /
Addl. Standing Counsel appearing, the result of hearing and dates of reports
intimating the fact submitted to the concerned authorities of Vigilance.
 60

14. The PIs should maintain a court diary of the cases tried by the Special Judge
indicating progress of trial of each case and remarks of such case if any and
submit copies of the same to Ss.P concerned. He will report about non-
appearance of I.Os and witnesses to Divisional Ss.P and DIG.

15. He will ensure that the attendance of witnesses is properly marked and they
are paid their allowance. For this purpose he has to remain in touch with the
public prosecutor and the court. Timely payment of this allowance should
receive prompt attention of the PI as the retired officials as well as non-official
witnesses are not likely to turn up again if these allowances are not paid to
them in time. For payment to retired officials the P.I. should ensure to keep
funds with him and submit periodical returns thereof to Division office.

16. He will keep himself in touch with the Spl.P.P./A.P.P. and ensure timely
despatch of D.U.T.R (Daily Under Trial Register) to the S.P.

17. He will also attend the court on the dates of hearing (in important cases when
so directed by S.P.) and report all matters of interest with special reference to
the trend of the prosecution case, any new arguments put forth by the
defence or any other matter of interest which should be brought to the notice
of S.P. for taking timely action in the interest of successful prosecution of the
case.

18. He will also call on the presiding officer of the court periodically and find out if
any particular action was required to be taken by the P.I. for the appearance
of the witnesses or expediting trial of the case.

19. He will be responsible for the smooth functioning of the office of P.I and the
maintenance of discipline.

20. He will also assist the I.O. in getting statement of witness recorded u/s 164
Cr.P.C., obtain orders of the court for T.I. parades and approver as and when
necessary.

21. He will keep liaison with the APP/Special P.P. and furnish him carbon copies
of the case diaries in consultation with the S.P., if so required.

22. PIs will work directly under the administrative and disciplinary control of the
S.P., Vigilance concerned. The later may, however, delegate his authority to a
Dy.S.P. to supervise the day to day work of the P.I. subject to the general
direction and control of the S.P. ,
 61

Maintenance of Registers in Court office.

The following registers will be maintained in the P.I. Office :

(Ref: Circular Order No. 3/84)

1. General Register and final memo book of GR cases:

Two registers in PM form No. 56 and 58 respectively be maintained.

2. Address Register

Two sets of registers – one for CJM and another for the Special Judge be
maintained in the following form.

Sl. Case Names & Present & Name & Names & Present & Date of Remarks
No. No. Permanent subsequent address permanent subsequent payment
address of address of bailor address of address of bata
accused witnesses.
persons

1 2 3 4 5 6 7 8 9

Col. 1 to 5 be written on the left and columns 6 to 9 on the right side of the
register.

3. Absconder’s register

The register be maintained in PM form No. 16 wherein information about

issue of proclamation, processes, recording of evidence and action taken by PI, to
procure attendance of the accused will be recorded.

4. Non-FIR Register

Final memo book for Non-FIR cases :-

A non-FIR register and a final memo book for non-FIR cases be maintained in
the Police Manual Form No. 28 and 58 respectively.

5. Trial Register

To provide all informations about progress of trial of a case. Trial register be

maintained in the following proforma.

Cases ref. Name of Date of Date of Progress of Result of Reference

with Investigating Charge supply of trial indicating trial with of appeal if
section of Officer. Sheet copies of reasons of comments preferred
law documents absence of of Spl PP in with result.
to the IO & case of
accused. witnesses, if acquittal
any.

1 2 3 4 5 6 7
 62

Two register, one for CJM and another for Special Judge be maintained
simultaneously.

In acquittal cases date of application for certified copies of judgement etc. and
date of its receipt be noted in Col. 6.

6. Forward court diary

To keep track of all cases on a particular day and to record progress of trial of
the cases a forward court diary in the following form be maintained by PI.

Cases Purpose Progress Date of issue Date of issue Date of notice Remarks
reference of made and of summons of warrant to bailor
posting next date

1 2 3 4 5 6 7

7. Appeal Register

An appeal register in PM form No. 54 be maintained. Appeal register is

required to be maintained by all PIs since some cases are also tried by courts other
than the special judge. On conviction a party is to prefer 1st appeal in session’s court.
Further revision are filed in session’s court.

8. Prosecution trend register

To enable the PI to report about trend etc. of prosecution a register in the

following proforma be maintained.

Sl.No. Case Ref. Matters of interest trend or Date of submission

turn of prosecution of report.
1 2 3 4
 63

Technical Wing

There is one Technical Wing in the Vigilance Directorate comprising of

one Superintending Engineer, one Executive Engineer, one Asst. Executive
Engineer, five Assistant Engineers, six Junior Engineers and one Building Inspector
with other required staff.

The Technical Officers of the Wing are being utilized for technical
evaluation of buildings, roads, bridges and construction works at the stage of
enquiry/investigation. Especially in the disproportionate assets cases, evaluation/
assessment of the Engineers regarding the cost of the construction of the buildings
and other structures/constructions of the suspect/accused public servants is a must
and considered very important, from evidentiary point of view, in proving the case in
the Court of law as the Courts attach lot of importance to such evaluation reports
during trial of such cases.

In this connection the Circular Order No.5/98 containing the relevant

instructions/guidelines on the subject pertaining to assessment of buildings etc. by
the Technical Wing and Cooperation from the Investigating Officers/Enquiring
Officers particularly in D.A. Cases, issued from the Vigilance Directorate together
with the form of requisition be referred to and complied with without any deviation
and failure.
Similarly, instructions/guidelines issued in Circular Order No.4/2005
relating to technical inspection in respect of minor works costing less than rupees
one lakh & Circular Order No.2/2006 regarding the nature of action to be taken by the
I.Os./E.Os. before going for technical inspection of a site be also referred to and
strictly complied with.

The services of the Vigilance Technical Wing are also utilized in the
form of surprise checks of the important ongoing projects as preventive checks and
measures which are having good impact against the substandard executions of work
and loss of public revenue.

Government has also made provision for utilization of services of

Engineers of Works Department in Vigilance work. The relevant orders are as
follows.
 64

Confidential

OFFICE OF THE DIRECTOR-CUM-ADDL.DG OF POLICE,VIGILANCE,

ORISSA;CUTTACK.
…

No._____2195______/V.CO (RA) Dated: 20.3.2003

To
The Superintendents of Police, Vigilance
Cuttack Division, Cuttack/Bhubaneswar Division, Bhubaneswar/
Sambalpur Division, Sambalpur/Berhampur Divn., Berhampur/
Balasore Division, Balasore and Cell, Vigilance Directorate,
Cuttack

Sub: Service of Engineers of Works Department in preventive

Vigilance - Surprise checks/Verification of on-going projects &
lending Technical Staff to Vigilance Department on attachment
basis.

…
In view of continual and massive outlay on public works in our State
and the quantum of corruption cases pertaining to execution of substandard works
taken up by Vigilance on public allegation, and considering the small size of over
loaded Vigilance Technical Wing in comparison to its vast jurisdiction of work, co-
operation of works department was sought in preventive Vigilance measures noted
above. Because, holding technical inspection at the alleged work at belated stage
can never achieve the basic objective of Vigilance in safe-guarding the precious
development money of our resource-starved State.

In response to our request, Works Department have consented to

spare the service of Chief Engineer, RD & Q.P, Bhubaneswar, Executive Engineer,
Quality Control Division, Cuttack, Assistant Executive Engineers, Sambalpur and
Berhampur in preventive Vigilance works noted above as and when required by
Vigilance, availing the conveyance arranged by Vigilance Organisation. Chief
Engineer, RD & Q.P., Bhubaneswar will act as the nodal officer for this purpose.
(Copy of Letter No. Con(V) 20/2002-3230/W.BBSR dt. 19.2.03 enclosed for ready
reference).

Therefore, you may keep liaison with the nodal officer and avail the
services the above mentioned technical officers as and when required for the
purpose of preventive Vigilance.

Sd/-G.C. Nanda
Director-cum-Addl. DG of Police,
Vigilance ,Orissa, Cuttack
 65

Government of Orissa
Works Department
…
No.Con (V)20/2002/3230/W., Bhubaneswar dt. 19.2.2003

From:
Sri B.M. Patnaik,
Engineer-in-Chief-cum-Secretary to Government

To

The Director-cum-Additional D.G. of Police,

Vigilance, Orissa, Cuttack

Sub: Preventive Vigilance surprise checks/Verifications of on-going

projects, Lending technical staff to the Vigilance Department on
attachment basis.

Ref: Your Letter No. 8155 dated 26.10.2002.

…
Sir,

In inviting a reference to your letter stated above, I am to say that the

services of Chief Engineer, R.D. & Q.P., Bhubaneswar, Executive Engineer, Quality
Control Division, Cuttack, A.E.E., Sambalpur and A.E.E. Berhampur can be spared
as and when required. The Chief Engineer, R.D. & Q.P., Bhubaneswar will act as
nodal officer for the purpose. But no vehicle for the above purpose is available to be
spared.

If the above proposal is agreed to, a line of confirmation may be sent

to this Department, so that instructions will be issued to Chief Engineer, R.D.& Q.P.
to render all cooperations.

Yours faithfully,

Sd/-
Engineer-in-Chief-cum-
Secretary to Government
 66

Commercial Tax Wing

One Commercial Tax Wing is functioning in the Vigilance Directorate

consisting of one Additional Commissioner of Commercial Taxes, Additional

Commercial Tax Officers, Inspector of Commercial Taxes with other required staff.

The officers attached to this Wing are being utilized to detect tax

evasion cases by regularly conducting surprise checks/raids with the assistance and

active cooperation of Vigilance Staff. As a result, a good number of tax evasion

cases are detected every year, necessary legal action taken against the

defaulters/offenders resulting in realization of a sizeable amount from them by way of

fines and penalty-which go to the Exchequer of the State. Besides, they also collect a

good amount of fines/penalties at the spot at different places by checking, detecting

and intercepting the goods carriers on the Highways / Roads at regular intervals.

Where necessary, they refer the cases of tax evasion to the appropriate authorities of

the Commercial Tax Department for disposal/proper adjudication.

Forest Wing

One Forest Wing is functioning in the Vigilance Directorate. Their

services are mainly required for:-

(i) Field verification in a case or enquiry on requisition from the I.O./E.O.

(ii) Detection of Forest offences like smuggling of goods etc.(Forest

goods), Forest products etc. – on their own information or otherwise
by conducting checks/raids.

One Deputy Conservator of Forest remains in change of this Wing

with other required staff to provide necessary assistance to Vigilance staff and with

their help and cooperation, they conduct surprise checks/raids and detect Forest
Offence Cases involving violation of provisions of Forest Acts/Rules and book them

under the said provisions for punishment and confiscation of the Forest Products,

vehicles, carriers etc. involved in the Forest Offence cases.

 67

In the Vigilance Division Offices, the Commercial Tax Wing and the

Forest Wing are also functioning in a miniature form with the required staff for
detection of Tax Evasion cases and Forest Offence cases under the administrative

control of the Vigilance Directorate.

For such action, Government in Forest Department letter No. 3F(B)

172/ 179/ 27386/ FFAH dt. 30.10.79 approved a scheme for prevention of large scale

smuggling of forest produce and detection of organized forest offences/corrupt

practices, which be performed by the Forest Staff posted to the Vigilance Directorate

and Vigilance Divisions in collaboration with the Vigilance staff to activise collection

of intelligence to detect major smuggling rackets/cases, forest offences and corrupt

practices of corruption, render technical opinion and assistance to Vigilance officers

in corruption enquiries concerning afforestation, silviculture working plan etc. ,

conduct surprise raids and checks at focal points of corruption and make necessary
efforts for preservation of forest wealth.

Under the scheme, the officers/staff of Forest Department, posted to

Vigilance Directorate and Divisions will be under the administrative and operational

control of the Vigilance Department, and under the financial control of the Principal

Chief Conservator of Forests. Details of the scheme are in Appendix- 3(b).

In this regard Vigilance Circular Order No. 16/2004 relating to Anti

corruption work of the Forest Wing/Forest Department be referred to also and

complied with accordingly.

 68

Statistical Cell

The newly created “Statistical Cell” of the Vigilance Directorate,

Cuttack, has started its functioning w.e.f. 9th August 2004 after joining of one
Assistant Director, Statistics as per Government in Planning & Co-ordination
Department Notification No.9191 dt.26.06.2004.

This cell is headed by one Assistant Director, Statistics who joined

here on deputation from the “Directorate of Economics & Statistics” (D.E. & S.),
Orissa, Bhubaneswar. He is assisted by one Statistical Investigator who is also under
deputation from D.E. & S., Bhubaneswar.

This “Statistical Cell” estimates the monthly per-capita consumer

expenditure as well as the annual household consumer expenditure of the
accused/suspected officers involved in Disproportionate Assets Cases. On receipt of
requisition for the same from concerned I.Os./E.Os the Monthly Per-capita Consumer
Expenditure (MPCE) is prepared on the basis of data available under National
Sample Survey Organisation (NSSO) “Government of India” survey results of
different quinquennial rounds. The Price Index data of Urban Non Manual Employees
(U.N.M.E.) released by Central Statistical Organisation (C.S.O.) is also used for
consumer expenditure estimation of years other than the quinquennial round years of
NSSO.

Expenditure on the following consumer items are estimated &

provided to I.Os. for their purpose of investigation.

(1) Food (4) Foot wear (7) Sundry articles

(2) Clothing (5) Entertainment (8) Goods for personal care
(3) Fuel & Light (6) Toilet articles (9) Conveyance.

Consumer items from Sl.”5 to 9” are included in the estimation w.e.f.

th
55 Round N.S.S. i.e. from 1999-2000, since separate data (item wise) were
released by NSSO in their report of 55th round only.

Beside estimation of consumer expenditure, this Cell also provides

EARAS data on Agricultural out put, year wise/Season wise to I.Os. as and when
required by them for the purpose of investigation i.e. for deriving income of an S.O.
from agricultural sources. Directorate of Economics & Statistics (DE&S) under the
Central Scheme “EARAS” (Establishment of an Agency for Reporting Agricultural
Statistics) prepares agricultural yield data of Paddy and other 14 types of minor
crops, which are used for the above purpose.

In order to arrive at the money value of the agricultural output, this cell
also provides District-wise/ Year-wise average wholesale price data to I.Os. as
released by D.E.&S. under the Scheme PRICE. This A.W. (Average Wholesale) price
data are also available for paddy and other minor crops cultivated in the State.
 69

Document Examination Cell

Document Examination Cell was created in the Vigilance Department

and one Document Expert in the rank of Inspector of Police was posted to this Cell

with an attendant facility as per the Government Order No.7618-VE dt.22.11.2001 to

examine exclusively the documents involved in Vigilance Cases/enquiries and furnish

opinion expeditiously.

It caters to the need of all the six Vigilance Divisions and Vigilance

Cell of Orissa to examine documents of various cases against different persons

including top ranking Officers, and political leaders and furnish opinion thereof. The

Expert in the rank of Inspector of Police, posted to this Cell is competent to undertake

examination of: handwritings, signatures, type writings, seal impressions, printed

matters, charred documents, erasures, additions, alterations, secret writings,

computer aided documents, papers, inks, counterfeit currency and bank notes,

Reconstruction of documents from torn pieces. Examination of writings on unusual

writing surfaces such as leaf, walls, cemented floors, body parts, grounds, etc.

Examination of writings written by unusual writing instruments such as charcoal,

finger, sticks, sharp pointed objects, etc. Examination of writings using unusual

writing materials such as blood, charcoal, etc.

Such examination and opinion of the Document Expert are relevant

and admissible in evidence under the provisions of Section 45 of the Indian Evidence

Act 1872.
 70

Photo Cell

One “Photo Cell” was created in the Vigilance in the year 1978-79 to
cater the Photostating work of the Vigilance Cell and to take the photographs (a) of
the earth work, fully or partly constructed buildings to assist the Technical Wing in the
Vigilance enquiries/investigations, (b) of the seized wooden logs for the Forest Wing
of the Vigilance for investigation. At that time the above works were managed by one
sanctioned post of S.I. (Photo).

Later, after the creation of a permanent post of one Inspector for the
Document Examination Cell in the Vigilance Directorate, preparation of negative and
positives of the questioned documents, admitted writings and specimen handwritings
in various Vigilance Cases are being taken up, in addition to the above works, by one
Inspector, photo who is now in-charge of the Photo Cell of the Vigilance Directorate,
such works are done for examination and production of documents before the Courts
as evidence during the trial of cases.

Photo Identity Card for the officers and men of the Vigilance
Directorate and officers from the rank of Inspector and above of all the 6 Divisions
are prepared and issued by the Photo Cell.

Moreover, during the raids conducted in connection with

Disproportionate assets cases, secret enquiries, the Photo Cell makes videography
and photography of the buildings/sites to assist the Investigating Officer for evidential
purpose. The photo and video coverage of Annual Vigilance Conferences,
Awareness Week and Workshop conducted on Anticorruption are also done by this
Photo Cell as and when required.

All the Divisions, Unit and Squad offices have been provided with
cameras. Photo Inspector is responsible to impart training to Officers/men on various
aspects of photography required for Vigilance work.

Besides the aforesaid duties, other works of important nature will also
be taken up by Photo Inspector as and when assigned by the higher authorities.
 71

General Administration Branch

Accounts Section / General Section / Establishment Section

To deal with the Account matters/Administrative matters and

miscellaneous matters, three sections are functioning in the Vigilance Directorate
which are mentioned below showing the sanctioned strength of the staff of each
section together with the nature of duties performed by them.

The work of these three sections is supervised by one Officer on

Special Duty and one Personal Assistant(Accounts). The O.S.D. looks after the
Administrative matters while the P.A. looks after the Accounts matters.

Accounts Section: Section Officer –1

Senior Assistants –3
General Section: Section Officer –1
Senior Assistants –2
Junior Assistants –2
Establishment Section: Senior Assistants –2

Accounts Section

This Section deals with budget, allotment and expenditure of funds,

drawal and disbursement of pay and allowances and other claims, contingent bills
etc. welfare fund matters, maintenance of Service Books of all ministerial staff,
D.Ss.P. and above ranks, audit reports, maintenance of all registers relating to
Accounts matters, fixation of pay. Section Officer, Accounts is ‘in charge’ of this
section in addition to acting as the cashier. Besides, this section deals with
procurement of funds under-head Demand No.2-2052-SGS-090 and 104-Vigilance
Demand No.2-2070 O.A.S. every year from Government in Finance Department
under non-plan for incurring the expenditure for salary and non-salary component.

Establishment Section

This section deals with transfer, posting of all staff, sanction of leave,
training, promotion of all ranks except Class-IV and deployment of Sub Inspector,
Inspector, D.S.P. and Addl.S.P. as Inspector, D.S.P., Addl.S.P. and S.P. in Vigilance,
voluntary/premature retirement and retirement on superannuation, disciplinary
proceedings, all proposals relating to creation, upgradation abolition of regular posts
and contractual engagement, Establishment of Unit offices/Squad offices etc.,
 72

Tribunal cases on service conditions, Appeal matters, appointment of Rehabilitation

Assistance Scheme simplification of procedure of staff, deputation of staff. This
section has no sanctioned post of S.O. However, this section is working under direct
supervision of O.S.D.

This section took special interest for getting the concurrence of

Finance Department for sanction of special incentive @ 15% of the basic pay without
ceiling to all classes of employee working under General Administration (Vigilance)
Department to ensure more commitment and dedication from the employees vide
General Administration (Vigilance) Department Order no.907/V.E. dt.7.2.04.

Besides as per Government in Finance Department Memo No.

4469(260)-F dt. 2.2.08, the employees of the Vigilance Organisation, who are eligible
for rent free accommodation also enjoy the benefit of the enhanced house rent
allowance @ 17%, 15%, 10% & 7.5% of the basic pay those are staying in
City/Urban areas of Bhubaneswar and Cuttack and Rourkela /Berhampur/ Sambalpur
and Puri/ Baragarh/ Brajarajnagar /Bhadrak /Balasore Bolangir/ Bhawanipatna/
Barbil/ Baripada/ Dhenkanal/ Jeypore/ Jharsuguda/ Jatni/ Keonjhar/ Paradeep/
Rayagada/ Sunabeda and in other areas respectively with effect from 1.11.07 against
the normal rate of house rent allowance 15%, 10%, 7.5% and 5% respectively.

In addition to above, the Vigilance officials in the rank of Inspector, SI,

ASI, Havildar, Constables including Drivers and Follower Orderlies are entitled for
free clothing and prescribed articles for official use.

The Orissa Vigilance Group ‘A’ and Group ‘B’ Services (Method of
Selection and Conditions of Deputation) Orders, 2004 have been framed by the
Government to provide opportunity to the officers of General Administration
(Vigilance) Department for deployment to the next higher rank vide General
Administration (Vigilance) Department Resolution No.8601/VE dt.29.12.04.

In order to expand the State Vigilance Organisation and to provide

presence of Vigilance in all Districts of the State, Vigilance Unit Offices have been
established in all revenue districts and required posts have been created.

Various professional trainings is being provided to the officers of the

State Vigilance Organisation to make them professionally competent and proficient
especially in the field of enquiry and investigation of various important and
complicated cases involving corruption.
 73

General Section

This section deals with Pension, Building matters, allotment of

Quarters, House Building Advance, Minor works, grants (non-plan) etc., sanction of
temporary, non-refundable and final withdrawal of G.P.F., Inspection Notes, all
advances, Stationery and forms, correspondence relating to Telephone, Motor
Vehicle matters, mobilisation of staff for law and orders duty, when requisitioned,
sanction of journey beyond State and L.T.C (Leave Travel Concession), all
purchases. One S.O. is in charge of this Section. This section also takes steps for
arrangement of funds under state plan and non-plan scheme for various works like
construction of Building project, repair of building under grant (Non-plan). Besides,
State Vigilance receives some share of the grant allotted to State Police under
modernization of Police Force for purchase of investigating equipment, Motor
Vehicle, construction of the Office Buildings, Computerisation of Vigilance
Organisation which is processed in this Section.

Issue Section

Deals with despatch matters relating to General Administration

Branch. Besides, a Central Receipt and Despatch Section is functioning to deal with
all receipts and Despatches of the Vigilance Directorate.

Reserve Office

One Reserve Office is functioning in the Vigilance Directorate with one

Inspector and supporting staff. This office in the Vigilance Directorate deals with the
following work of the Directorate.

1. Government properties including consumable stock.

2. Supply of clothing to the concerned Vigilance officers/men.
3. Service Books of the officers/men in the rank of Follower Orderly
(F.O.) to Inspector.
4. Pension matters – In the rank of Follower Orderly to Inspector.
5. Fixation of pay – In the rank of Follower Orderly to Inspector.
6. Promotion matters – In the rank of Follower Orderly to Inspector.
7. Posting of Staff (Internal posting of Follower Orderlies/ Constables).
8. Transfer/Posting of Follower Orderlies.
9. Personal Files – In the rank of Follower Orderly to Inspector.
10. Increment matters – In the rank of Follower Orderly to Inspector.
11. Roster of duty – In the ranks of Follower Orderly / Constable/Sweeper.
 74

12. Departmental disciplinary proceedings – the ranks of Follower Orderly

to Inspectors.
13. Leave Registers C.L. (Casual Leave) / P.L (Permission Leave) / E.L
(Earned Leave) – the ranks of Follower Orderly to Inspectors.
14. Cleaning of Office rooms/Premises.
Similarly the Division Offices of the Vigilance Organisation in the
Directorate have the Reserve Offices with one S.I. or A.S.I. and the required staff
which perform almost the same duties as performed in the Reserve Office of the
Vigilance Directorate. However, besides those duties, the Divisional Offices also
maintain the D.O. Books (District Order Books) in which all the orders of the S.P.,
Vigilance pertaining to all the administrative matters of the Division are entered
datewise for reference/action.

M.V. Section

Besides the Reserve Office, one Motor Vehicle Section functions in

the Vigilance Directorate with the staff of one Fitter S.I./one Havildar Major/Eight
Driver Havildars / Eight Assistant Drivers – to deal with motor vehicle matters and
perform driving duties. The M.V. Section functions under direct supervision of
Reserve Inspector.

The Reserve Office of the Division Offices also deal with the Motor
Vehicle matters.

Record Room

One record room is maintained in Vigilance Directorate which

preserves very sensitive and important old records concerning Vigilance Cases and
administrative matters etc. as per the record manual. One record keeper remains in
charge of the record room to deal with the work.

Preservation of Records with reference to “The Right to Information Act 2005”.

While dealing with the matters relating to the Preservation of records,

provisions of section 8(3) of “The Right to Information Act, 2005” should be referred
to for guidance. The said provisions have been made to preserve the records for 20
years to provide the information as and when requested for by the applicants U/s 6 of
the RTI Act, 2005 which is referred to for necessary action while examining the old
records for destruction.
 75

Training

Training facilities & Programme for Vigilance Officers

Every year vacancies occur in Vigilance Organisation owing to

retirement and transfer of officers in different ranks of Sub-Inspector / Inspector /
D.S.P. To fill up the vacancies, new Officers are brought from the Parent Police
Department to Vigilance Organisation on transfer. Quite naturally, these newly
transferred Officers may not have any knowledge and experience regarding
investigation, enquiries, procedural formalities etc. of Anti-Corruption Cases/Laws
pertaining to Prevention of Corruption Act and other related Anti-Corruption Laws/
Rules etc. though they will be required to mainly deal with such cases/ allegations
while in Vigilance. Hence it was felt necessary to give them a “basic training” before
they are entrusted to deal with the investigation/enquiries of such cases/allegations
independently in the State Vigilance.

In view of the above reasons, the Vigilance Organisation has made

provisions and programme for conducting two training courses naming and
designating the same – as “Induction Course” & “Familiarisation Course”. The
“Induction Course” is for the newcomers of the rank of S.I./ Inspector/ D.S.P. which
has been scheduled to be conducted for a period minimum of 6 days and to be held
once in every 6 months at the State Vigilance Head Quarters. The other Course i.e.
the “Familiarisation Course” has been scheduled to be conducted at the State
Vigilance Head Quarters for a duration of minimum 3 days every year which is meant
for the Officers of the Vigilance Organisation of and above the rank of Inspector for
refreshing and updating their knowledge relating to Anticorruption Laws / Rules, other
related relevant laws/rules and techniques of investigation, enquiries etc.

The details of these training programmes are worked out by the

Director of Vigilance and other senior Officers of the Head Quarters. The senior
Vigilance Officers at Head Quarters and some guest Lecturers/Experts on some
specific subjects are selected for taking up the training classes on the particular
subjects selected for them.

As regards use of the equipments to facilitate the training

programmes, provision of L.C.D. Projector, sound system and the required training
Cassettes, furnitures for the purpose have been made. The trainees are also
supplied with study materials. At the end of the training, examination is conducted
and certificates are awarded.
 76

Library

There is a Library in the Vigilance Directorate which is functioning

being headed by a Junior Librarian. There are near about 4518 books of various
major and minor laws, fiction, philosophy, valuable collections of famous writers on
various important topics, selected stories/literatures of English/Oriya etc. Besides, the
publications of various important law journals like Criminal Law Journal, OCR(Orissa
Crime Reporter, CLT(Orissa Law Times), AISLJ(All India Service Law Journals) etc.
are regularly brought to the Library and are always available for study and reference
while dealing with the legal matters. Some important journals like CBI Bulletin, ACB
Bulletin, The Indian Police Journal etc. are also supplied to the Library free of cost.
All the professional articles that are published in different journals and selected for
use by the Vigilance Organisation, are computerized and kept under appropriate
subject headings. Books and journals and other collections are issued to the
officers/men of Vigilance Directorate and Cuttack Vigilance Division as and when
needed by them.

Welfare measures for Vigilance Officers and Men

1. Welfare Fund:

The Vigilance Organisation is having a Central Vigilance Police Relief

& Welfare Fund in addition to the Welfare Fund available with each Vigilance
Division. In this regard, the rules regulating the Welfare Fund have been framed in
the Government in General Administration (Vigilance) Department Circular Order
No.14 of 1963. The membership of the Welfare Fund is compulsory for all, up to the
rank of Inspector.

The Central Welfare Fund is controlled by a Committee consisting of

President, Vice-President, Honorary Secretary and representatives from different
ranks. The A.I.G., Vigilance functions as its Honorary Secretary whereas the
Director, Vigilance is the President of the same.

The beneficiaries of the Fund contribute every month towards the

Welfare Fund at the rates as fixed rank wise i.e. of Inspector and equivalent
rank/S.I./A.S.I./Constable/Class-IV.

In addition to the contribution of the beneficiaries, the Welfare Fund

now receives a grant of Rs.1,50,000/- from the State Government since 2007-08.
 77

Out of the subscription of the beneficiaries, 50 percent are retained by

the Divisions whereas the remaining 50 percent are deposited with the Central
Welfare Fund. The Divisional Welfare Fund is controlled by a Committee headed by
the Superintendent of Police, Vigilance of the Division.

The money available with the Central Welfare Fund is utilized to grant
relief to the members in emergency medical treatment when full reimbursement of
the same is not possible with the Government grant and also for educational
expenses and granting temporary loans to the members at the time of their genuine
need.
Besides, Police officials working in Vigilance organization are also the
members of Orissa Police Relief and Welfare Fund in Orissa State Police
Organisation. Applications in prescribed format received from the employees of
Police Department working in Vigilance organization for educational relief are
forwarded to Orissa Police Relief and Welfare Fund for sanction of relief after
scrutiny at this Directorate.

Further applications received from the employees of Police

Department working in Vigilance organization for advance for treatment of self
dependant family members are also forwarded by this Directorate to Orissa Police
Relief and Welfare Fund in Orissa State Police Headquarters, Cuttack for
consideration of medical advance and the medical advance amounts are being
recouped from the salary of the concerned employees and remitted to State Police
Headquarters.

Vigilance Police Club

Since 1962, three Vigilance Police Clubs are functioning at the three
Divisional Head Quarters at Cuttack, Berhampur and Sambalpur. Subsequently
Vigilance Clubs are opened at all Vigilance Division Head Quarters.
(Ref: Vigilance Circular No.15/63).
On the advice of the Finance Department, the expenditure on this
account relating to the Clubs is being met from the grant under – “grant in aid” –
since 1980-81 and a set of rules and regulations were framed with the concurrence
of the Finance Department.

The purpose of having these Clubs is to provide accommodation to

the Visiting Officers and recretionary facilities to the Officers from the rank of A.S.I.
to Inspector. The members of the Clubs in the rank of Inspector/S.I./A.S.I. are to
contribute monthly Rs.5.00 / Rs.4.00 / Rs.3.00 each respectively towards the
maintenance of the Clubs. Besides, the Government is now giving a grant of
Rs.1,50,000/- to meet the expenses on house rent, wages of menials, light & water
charges, books & periodicals, furniture, games etc. of the Clubs, which is distributed
to all Vigilance Clubs.
 78

Vigilance Canteen

Vigilance Canteens are functioning in Vigilance Directorate as well as

in each Division Office. The Canteens are financed from the respective Unit Welfare
Funds. The objective of the Canteens are to provide tea and snacks of good quality
at subsidized rates to the staff of the Vigilance Organisation as a welfare measure.
Profits earned out of this source is credited to the respective Unit Welfare Funds.

Rewards & Departmental Punishments

Rewards
For specific good and commendable work/outstanding performance
of duty / displaying exceptional skill, courage, honesty and hard work, paper and
cash rewards may be awarded to the Vigilance officials including the ministerial staff
of the Vigilance Organisation and also to the general public in cases of any
meritorious work performed by them in aid of the Vigilance work and Vigilance Police
in accordance with and following the principles and relevant provisions laid down in
rules 855 to 860 of the Orissa Police Manual Rules for recognition of such work and
encouragement.

Departmental Punishments

Similarly for commission of any criminal offence or misconduct by the

personnel of the Vigilance Organisation punishments are to be inflicted on them
departmentally as would be deemed necessary and proper as per the procedure and
provisions laid down in rules 824 to 854 of the Orissa Police Manual Rules and in
the “Orissa Civil Services ( Classification ,Control & Appeal ) Rules -1962”.

As per the Government of Orissa, Political and Services Department

(Vigilance) Branch Notification No.I.B.135/63-3534-Vig. dt.28.12.1963 which defines
Powers and Functions of Additional Inspector General of Police, Vigilance is as
follows :

1. The Addl. Inspector General, Vigilance, being the head of the administration
of the Vigilance Police throughout the State and his status and responsibilities
being equal with those of the Inspector General of Police, the administration
of the Vigilance Police through out the State is vested in the Addl. Inspector
General of Police, who is directly responsible to the Government in everything
connected with the Vigilance.
2. In general, he shall exercise all powers in respect of the Vigilance Police,
which are exercisable by the Inspector General of Police in respect of the
General police, in accordance with the Police Manual Rules and orders
issued by the Government from time to time.

***
 79

CHAPTER-VII
Collection of Intelligence

ACIR/IR/OPEN ENQUIRY

Vigilance Organisation can function efficiently only when information

about corruption by Government servants/public servants and irregularities and
malpractices committed in administration are received freely from all sources. To
achieve this, considerable importance should be attached to collection of information
in a secret and confidential manner by officers of Vigilance Organization and initiative
displayed in gathering information timely by moving frequently, visiting places,
contacting citizens and seeking their good will and cooperation, building up
sources/contacts and employing agents etc. Information containing allegations
received or collected by Vigilance, whether orally or in writing, will be included in the
term “ Complaint”. The sources of information may be as follows:-

(a) Anti corruption Intelligence Report (ACIR) in the following proforma,

submitted by an officer of Vigilance, either on the basis of the report of a contact or
information collected orally or in writing. (Ref. Vigilance Circular Order No. 9/86)

ANTI CORRUPTION INTELLIGENCE REPORT

Security Classification: Confidential
Secret
Top Secret
Reliability grading: A or B or C
1. ACIR No.____________/Year. Dated _____________
2. Brief account of corruption:
(With periods of transaction)
3. Name
(a) Name in full with Correct spelling of the Suspected officer(s)

(b) Approximate age

(c ) Designation

(d) Department to which belongs

(e) Date from which posted

(f) Earlier posting

(g) Class of Government service (Group – A, B, C & D)

(h) Local reputation

(i) Style of living

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4. Facts of the corruption reported

5. General reputation of Suspect(s)

6. Suggested plan of action

Points to be proved Work to be done Likely period to take

7. Difficulties apprehended

8. Any special assistance required

9. Suggestion of reporting officer

If any for other action.

Signature of the Reporting Officer

(b) Petitions (synonymous, pseudonymous or anonymous) received from

the public directly or otherwise or through the Vigilance Directorate.

(c) Letters received from the Vigilance Directorate or Departments of

Government or other functionaries.
(d) Publications in the press or printed handouts, pamphlets etc.,

Anti –Corruption Intelligence Report (ACIR) - a secret report and its

secrecy ensured by grading it as either confidential or secret or top secret-shall
contain factual and assessed information enabling the competent authority to apply
his mind and order for further verification or for an enquiry. The list of important
subjects on which officers of Vigilance Department shall collect information is as
follows.
List of important subjects on which vigilance officers shall collect intelligence.

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

2. Acquisition and possession of assets disproportionate to the known sources

of income of public servants and Benami Properties - It is not one particular
act of corruption of a person but is a consequence arising out of his habitual
acceptance of illegal gratification or a consequence of habitual commission of
offences by him U/s 13 (1)(e) of Prevention of Corruption Act, 1988.

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

time private trade or employment or illegal /prohibited practices.

4. ‘Prevention is better than cure’ but mostly Vigilance deals in post mortem
corruption which is less fruitful than the detection of corruption in ante-mortem
nature causing joint verification / surprise check of ongoing works will
prevent/stop misuse of public money.
 81

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

servants but all types of malpractices adopted by them in course of their duty
in contravention of rules and regulations. Showing undue favour or disfavour
with dishonest motive to any one in course of their official business also
comes under corruption.

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

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

motive in issue of work order, illegal licences, permits, certificates, thriving of
illicit dens – Tender Fixing etc.

8. Devastation of forest wealth of the Status.

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

10. Execution of Projects :- Right from the time funds are allotted for a
development or construction of project, watch has to be kept to find out (i)
Misuse, (ii) Misappropriation (iii) Diversion or wastage of public funds (iv)
Substandard execution in violation of standard norms, agreement.

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

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

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

scholarship money, stipends etc.

13. Fraudulent settlement and lease of lands during survey, settlement operations
or otherwise.

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

15. Keeping an unobtrusive watch/ surveillance even potential corrupt officials.

16. Loss, wastage, misuse of public funds, State’s wealth, forest produce,
Government machineries /equipments.

17. Misappropriation of Government funds.

18. Interception of black money in possession of public servant.

19. Leasing out excess Revenue/ Forest area and other areas for major minerals
or minor minerals.

20. Illegal movement / transportation of excise goods and contraband goods

within / beyond state.

21. Instances of misconduct as defined in Sec. 13(1) of Prevention of Corruption

Act, 1988 and in Rule 2 (c) of Disciplinary Proceedings Tribunal Rules, 1951.

22. Department/Area of intensive surveillance as decided or determined by

Government/ Department

23. Any other new area/ projects/ schemes/ style of corruption.

 82

The A.C.I.Rs in respect of Class-III and IV Government Servants

should be sent to Divisional Ss.P in name cover directly. The A.C.I.Rs in respect of

Class-II Government Servants and above should be sent in name cover of the

DIG/IG/ Director, Vigilance.

The Vigilance officers should contribute verified, authentic and

genuine A.C.I.Rs of highly reliable quality against the officials of Government

Departments and public undertakings and collect anti corruption intelligence relating

to different important schemes / projects under operation involving huge amount of

public money in corrupt prone areas. For better guidance, Vigilance Circular No. 6/98

be referred with Appendix -6.

All the A.CI.Rs and petitions will be received in ACIR & Petition

Receipt Register respectively. The S.P. will take a decision regarding verification of

ACIR and petitions. Once it is decided by the S.P. to verify a petition or ACIR, the

same will be entered in the I.R i.e. Information Register .Thereafter it will be

entrusted to a particular officer for verification. No petition or ACIR unless it is given

an IR No. will be given to any officer for verification. Any order received from the

Directorate on a petition / complaint /ACIR for verification should be entered into IR

first and then entrusted to any officer for verification. However, Directorate may order

for open enquiry on an ACIR/I.R. in appropriate cases. (Ref. circular order No. 3/96).
 83

Procedure for initiating enquiry and related matter

All enquiries, Secret Verification or Open Enquiry in to allegations against any

public servant or Government Servant can be undertaken by a Vigilance Police
Officer only on specific orders as enumerated below. (Ref: Circular Order No.3/96)

Class of Public Servant Competent Authority to pass order.

(a) Open Enquiry (O.E.) in File.
1. Class-I government servants
and public servants of equal
status in Public Sector
Undertakings (P.S.Us) / other
organization.
2. Class-II Government servants
and public servants of equivalent
rank in Public Sector
Undertakings / other
organizations and any private
person.
3. All Class-III, Class-IV and
special gazetted Government
servants and their counterparts
in the Public Sector Undertaking/
other organization and any
private person.
(b) Secret Verification in I.R.
I.G. / Director, Vigilance with prior approval of
Government.
DIG, Vigilance
Divisional S.P./Cell S.P. are competent to order
open enquiry and take final decision on such
enquiries but in the file enquiry initiated on the
specific orders of the Vigilance Directorate,
reports should be sent to the Directorate for
final decision. The report will be put up to
DIG/IG/Director depending on whose orders the
matter was referred to the Division/Cell.
S.P. can order secret verification (I.R) against
any public servant with /or private persons
irrespective of their status and take final
decision of such I.Rs. But on I.Rs initiated on
the specific orders of Directorate, reports should
be sent to Directorate for final decision. The
reports should be put up to DIG/IG/Director
depending on whose orders the matter was
referred to Division/Cell for secret verification.

(c) Secret verification reports in I.Rs relating to Class-I Officer or

equivalent rank in PSUs and other organization will be put up to the Director,
Vigilance through the respective DIG/IG for final orders.

(d) Ss.P can not order for issue based enquiry, when names of Suspect
officers are known and they are of Class-II or higher. It is clarified that no S.P. can
order an issue based enquiry. Issue Based enquiries can only be initiated on the
orders of the DIG or above at Vigilance Directorate. (Ref: Circular Order No. 8/2004)
 84

Time fixed for Secret Verification /Open enquiry:- (Ref. Circular order No. 4/96)
Secret Verification ( I.R.)

On entrustment of any IR arising out of ACIR or complaint or petition

or any order from the higher authorities , the Vigilance officers should take up secret
verification promptly and submit the S.V.R within maximum of two months, but when
information relates to alleged possession of disproportionate assets, verifying officer
may take maximum four months for submission of secret Verification Report.

Open enquiry (File)

From the date of registration of open /file enquiry, the Enquiring officer
should take expeditious action to complete the enquiry within four months. If for any
reason, the enquiry takes more than 4 months, it will be deemed as time barred.
When the enquiry is time barred monitoring from the Directorate as well as Divisional
Headquarters will be tightened, and progress report will be submitted once in a
fortnight.

Submission of progress reports in file enquiries

(a) Progress Reports (PR) on all file enquiries are to be submitted

once a month from the date of its initiation .The first report should come immediately
alongwith the plan of action. The enquiring officer are to write Enquiry Diaries (EDs)
exactly like CDs in criminal cases. They will also record statements of all vital
witnesses separately and take their signatures. Efforts should be made to complete
the enquiry within 4 months. The PR will be prepared by S.P. after due consultation
with the Enquiring Officer. S.P. may call the enquiring officer once a month to
Divisional office/Cell office and review progress made during the period under review
with reference, to the E.Ds., documents, recorded statements etc. Progress Report
will not be prepared unless and until up to date ED and recorded statements are
made available for the review. In the event of EO’s failure to submit up to date ED
and recorded statements S.P. will send a report to the Directorate and
simultaneously call for his explanation.

The Directorate will take appropriate action against the E.O. on receipt
of his explanation through S.P.

In time barred enquiry, progress report will be submitted once in a

fortnight.
A proforma for the submission of progress report in file enquiry is
given below. (Ref. Circular order No. 5/96).
 85

PROFORMA OF PROGRESS REPORT

1. P.R. No. & Date :

2. File No. & Date of Registration :

3. Name of the Suspect Officer :

4. Allegation :

5. Name of the E.O.

6. No. of witnesses examined

progressive total be given in
brackets (number of witnesses
examined upto the previous PR +
number of witnesses examined
during the month = total)

7. No. of documents collected/taken :

charge (Progressive total be given
in brackets).

8. Developments :

9. ED Nos and dates on which the :

PR is based. (while giving the ED
& date of its receipt in the Division
should be separately mentioned)
Progressive total of statements
received be indicated

10. Pending Action/What remain to be :

done with reference to the plan of
action and subsequent points
added.

11. Omissions if any pointed out by :

S.P.

12. Additional points given by the S.P. :

I am to certify that E.O. has submitted up-to-date EDs and statements

of all the vital witnesses examined so far.

Superintendent of Police, Vigilance

_____________ Division
 86

(b) Multiplicity of allegation often becomes a plea for prolonged enquiry. It

is not necessary to probe into each and every allegation of the same type, a few
important ones, from each category may be picked up. In course of enquiry fresh
material or fact may come to light. If it reveals altogether a fresh allegation and is not
directly connected with any allegation under enquiry, a separate enquiry be initiated
as per the procedure.

(c) Enquiring against Government servant within the age group of 50-55
years or who are about to retire are to be dealt with on a priority basis and finalised
within shortest possible time. The first and final reports should contain invariably
information about the date of superannuation so that expeditious action can be taken
at all levels.

(d) Duplication of enquiry by different Vigilance officers should be

avoided. No fresh enquiry will be started where the same allegations are already
under enquiry by a Vigilance officer.

e) Where a search by surprise has to be under taken on the strength of

search warrant, the matter should be dealt secretly and intimation be sent only after
the search is over and required documents taken charge of.

(f) In Orissa state Vigilance, house search of suspect official on the

allegation of possession of disproportionate assets is conducted on open enquiry
stage by obtaining search warrants. The result of the search may end up with or
without registration of a case. If no case is registered after search then it will speak
upon the image of Vigilance Department. The question regarding necessity of a
preliminary enquiry before lodging FIR has been finally set at rest by the Supreme
court in Sirajuddin etc.- Appellants Vrs. The State of Madras-Respondents vide AIR
1971 Supreme Court 520 (V 58 C 119) Criminal Appeals Nos. 233 to 235 of 1966
and 9 to 11 of 1967 dt. 9.3.70. It has been held as follows :

1. “Before a public servant, whatever be his status, is publicly charged

with acts of dishonesty, which amounts to serious misdemeanor and a
first information is lodged against him, there must be some suitable
preliminary enquiry into the allegations by a responsible officer. The
lodging of such a report against a person, specially one who occupied
the top position in a department, even if baseless, could do
incalculable harm not only to the officer in particular but to the
department he belonged to in general. If the Government had set up a
 87

Vigilance and Anti Corruption Department as was done in the State of

Madras and the said Department was entrusted with enquiries of this
kind, no exception can be taken to an enquiry by officers of this
Department but any such enquiry must proceed in a fair and
reasonable manner.

2. Regarding issue of search warrants by a Magistrate when no

investigation, enquiry, trial or other proceedings under the Cr.P.C. is
pending, the relevant law in the matter is Sec.93 Cr.P.C. ( i.e. Sec. 96
of the old code). The provisions of Sec. 96 and 97 of the old code
have been combined in Sec. 93 of the present code by lifting Sec.
97(old) and inserting the same as sub-section (2) of Sec. 93(new) and
renumbering sub-section (2) of Sec. 96 (old) as sub-section (3) of Sec.
93 (new).

3. The Orissa High Court in “Kalinga Tubes Ltd.-Vrs. –D.Suri and others
and the Supreme Court in Md. Sirajuddin-Vrs. B.S.Mishra (Criminal)
Appeal No. 158 of 1960) & V.S.K.Pillai –Vrs. Rama Krishna and other
( criminal appeal No. 178 of 1978) have held that issue of such a
warrant is legal and well within the powers of a court. The relevant
extracts are given below:

AIR 1953- Kalinga Tubes Ltd - Vrs - D.Suri

4. It is true that the stage at which the search warrants were issued, was
only a kind of preliminary investigation by the police outside the
criminal procedure code. But the fact cannot be ignored, that the
moment the police officer is able to gather all the materials, a
proceeding under the criminal procedure code is bound to be initiated.

5. While I am prepared to accept the view that the absence of the word “
Investigation” in Cl. (iii) of sub-section (1) of S.96 indicates the
requirement of a higher and stricter standard for general searches, I
am not prepared to say, a matter of law, that a general search can not
be ordered before an investigation under chapter XIV of the Cr.P.C.
has been commenced. In view of the privy council case in IL.R.39 Cal.
953, it has been conceded that the actual pendency of any enquiry by
a court under the code is not necessary to the validity of the issue of a
search warrant.
 88

Collection of Documents

It goes without saying that in connection with enquiry/investigation

documentary evidence takes precedence over oral evidence. All out efforts,

therefore, have to be made to secure connected records and documents at the

earliest.

An intimation marked “confidential” stating briefly the substance of the

allegation together with a list of required documents/records should be sent to Head

of the Department/Head of the Office/P.S.U. by a stipulated date, where necessary

the Head of the Department/Head of Office/P.S.U. may be approached personally.

Full assistance of the Departmental Chief Vigilance Officer be taken in the matter. It

shall also be the duty of Heads of Office to render co-operation and assistance vide

instructions issued by the Government from time to time in

(a) Home Department (Spl. Section) Memo No. 493(42)/C dt.27.2.1951.

(b) Erstwhile P. & S. Department Letter No.13913 (81) – General

(Vigilance) – 26 – 59 dt.10.11.1959.

(c) Letter No.10350 dt.27.10.2001 of the Chief Secretary, Orissa.

(Copy of the above letters are placed in Appendix - 4)

An extract from Letter No.10350 dt.27.10.2001 of the Chief Secretary,

Orissa addressed to all Departments of Government/Head of Departments./District

Officers/Heads of Public Sector Undertakings is reproduced below for ready

reference and necessary action:-

“15. In case, records duly requisitioned by Vigilance Officers are not

made over to them expeditiously, it shall be presumed that the officer

withholding the records, does it, with a view to shielding the

delinquent officer.”
 89

File Enquiry
Enquiry Report

(a) After completion of an enquiry, the Enquiring officer shall submit a

final report showing the allegation, evidence collected against each suspect officer , if
there are more than one, pleas of the suspects and the result of enquiry on each item
. Chart /Memo of evidence shall be appended to the final report, besides extract of
Rules/Government-Orders/Circulars violated. The E.O. should also submit a
separate report containing details of the documents/records seized or taken charge
of during the enquiry, with a note as to which one of them is necessary to be retained
and which can be returned. The final report should contain specific findings of the
E.O. as to result of the enquiry. E.O. should submit a draft F.I.R. with F.R./E.R. if
recommending for registration of a criminal case. The term Final Report is renamed
as Enquiry Report.

(b) Enclosures to the Detail Report / Final Report :

(Ref: Circular Order No. 11/2004)

On completion of investigation, I.O. prepares detailed report for

appreciation of evidence by Senior Officers who take a decision about final form to
be submitted in the court. Similarly on completion of open inquiry E.O. prepares
enquiry report.

To make the detailed report/ enquiry report more meaningful, to help

Senior Officers take correct decision and to improve the quality of decision making,
it has been decided that detailed report in criminal cases and enquiry report in open
enquiries will contain the following enclosures.

1. A calendar of oral evidence (proforma along with examples enclosed)

and A Calendar of documentary evidence (proforma along with examples enclosed)
in cases / inquiries (except DA cases/ enquiries where Annexure A,B,C,D would
serve the same purpose).

2. In DA cases/ enquiries along with detailed report/ final report

Annexure A,B,C,D giving the details of Income, Expenditure, End of check period
assets and Pre- check period assets should come in prescribed format which are
enclosed.

3. Statement of all accused/ suspect persons (if statement is recorded

more than once , then all such statements) be enclosed with D.R. of a criminal case,
(statement recorded during earlier open enquiry need not be sent).
 90

Annexure-A ( Income )

Example

Items of Income Amount Documents Persons proving the

proving the same same.
Net salary at Rs.6,00,000.00 Letter of DDO No.X Accountant Mr. A &
Collectorate, Ganjam dated Y DDO Mr. B.
Bank loan Rs.1,90,000.00 Certified copy of Branch Manager, C
ledger of the bank Field Officer D
G.P.F. Advance Rs. 50,000.00 Letter No.Z of AAO, AAO, Sambalpur
Sambalpur Mr.E
Interest received on Rs. 15,000.00 Pass Book seized. Asst. Manager, SBI,
deposit in SBI, Jagatpur Certified copy of Jagatpur , Mr. F
bank ledger.
Note
Each item of income should be reflected separately, for example;
Salary income at separate places should be reflected separately since separate
documents/ persons would prove the same.
Similarly interest income from different banks or different branches of the same bank
should be reflected separately

Annexure-B ( Expenditure )
Example

Items of Expenditure Amount Documents proving Persons proving the

the same same.

Per capita expenditure Rs.3,00,000.00 Letter No.I of Director Asst. Director, Director of
on food clothing etc. of Statistics & Statistics & Economics
Economics

Maintenance of Rs. 25,000.00 Letter No. II of MVI MVI Mr. H

vehicle

Registration fees, Rs. 5,400.00 Letter No.III of RTO ARTO, Chandikhol Mr.I,
road tax etc. Chandikhol Head Clerk ,RTO office,
Chandikhol Mr.J

Registration fees and Rs. 30,000.00 Letter No.IV of Sub- Sub-Registrar, Cuttack Mr.
stamp duty Registrar, Cuttack K, Dealing Clerk, Sub
Registrar Office Mr.L.

Repayment of car Rs.1,42,000.00 Statement of loan Asst. Branch Manager, SBI,

loan Account of SBI, Jagatsinghpur, Mr. M,
Jagatsinghpur Accountant SBI,
Jagatsinghpur Mr.N.
Note
Each item of expenditure should be reflected separately, for example ;
Educational expenses of each child at different places should be indicated differently
since separate documents and persons would prove the same.
 91

Annexure-C (Assets at the end of check period)

Example

Assets at the end of Amount Documents Persons proving the

Check Period proving the same same.

Land Rs. 2,31,012.00 Sale deed Seller Mr.O

Cost of construction Rs.13,47,000.00 Report of Vigilance Jr. Engineer, Vigilance

of house Technical Wing Mr. P, Executive
Engineer, Vigilance,
Mr.Q.

Bank Deposits at Rs. 91,136.54 Certified statement Mr. R, B.M., UBI,

UBI, Phulnakhara of account from UBI, Phulnakhara, Mr. S,
Phulnakhara. Accountant, UBI,
Phulnakhara.

House hold articles Rs. 74,890.00 Inventory Search witnesses

Mr.T and Mr. U.

Note

Each item of asset at the end of the check period should be reflected separately.

Annexure-D ( Assets acquired before the check period )

Example

Assets acquired Amount Documents proving the Persons proving the

before the same same.
Check Period

Gold and silver Rs.2,78,430.00 Property Statement of Mr.X , Custodian of the

ornaments accused submitted in year Property Statement.
1981

Bank Deposits at Rs. 91,136.54 Certified statement of Mr. R, B.M., SBI,

SBI, Phulnakhara account from SBI, Phulnakhara, Mr.S,
Phulnakhara. Accountant, SBI,
Phulnakhara.

Land Rs.2,31,012.00 Sale Deed Seller Mr. O

Note
Each item of asset acquired before the check period should be reflected separately.
 92

Calendar of Evidence ( Oral )

List of statements recorded by I.O./ E.O. during investigation/ enquiry
…
Name & designation of the In brief, what the statement contains/proves.
person whose statement
recorded.

Example
Mr.X, DDO , His statement proves the pay particulars of accused during
Settlement Office, Balugaon his posting at Balugaon.
He is the accompanying witness in this trap case. His
Mr. Y, Clerk , DAO office, statement proves the pre-trap, post trap memorandum. He is
Chandikhol eye witness to- accused accepting money or saying “where
is the money” -which is proved by his statement.
Mr. Z , J.E. Vigilance, Technical His statement proves the T.I. report, substandard nature of
Wing road construction work and excess payment to Contractor of
Rs.89,472/. (Mr. Z conducted the field work for T.I. report.)

Calendar of Evidence ( Documentary)

List of all documents which are seized/ collected/ received and relevant for the case

List of documents seized/ collected/ What the said documents

received contains/proves

Some Examples

Letter No.XYZ of office of SAO, Madhupatna Pay particulars of accused from January,98
to December,99 during his posting at SAO,
Madhupatna.

File No…X…./2004 of Commerce & Transport This is the file containing tender for
Department, Bhubaneswar computers This proves that L-1 was ignored
without sufficient reason and L-2 was
awarded with the contract.

T.I. report of Technical Wing, Vigilance Proves sub-standard road construction and
Directorate, Cuttack excess payment of Rs.2,90,372/- to
Contractor.

Report of Chemical Examiner, Bhubaneswar Proves that hand wash of accused contained
phenolphthalein but pocket wash did not
contain phenolphthalein .
 93

On completion of file enquiries, orders should be taken from

appropriate authorities regarding the nature of action to be taken. The enquiry may
end in recommending such action / Departmental action or registration of criminal
cases. Where no action is recommended, the matter is closed at our level without
referring the same to the department. When it is referred to the department for taking
such action as deemed proper/ regular departmental action either for major penalty
or minor penalty or referred to the Government for Departmental action S.P’s report
should be submitted in the proforma enclosed herewith. Similarly, in criminal cases,
the departmental authorities/ Government are moved for according sanction to
prosecute the accused/taking departmental action / such action as deemed proper
depending on merit of each case. In these cases, Ss.P. will be required to submit a
report in the proforma enclosed herewith in the shape of S.P.’s report. This report will
be helpful to the concerned authorities for better appreciation of the background of
the case and the evidence collected by the E.O./I.O. against the officials concerned
for criminal prosecution or departmental action. S.P’s report will be duly signed by
S.P. Since he is acquainted with the facts of the cases from the date of the
registration till the completion of the enquiry, he is in a better position to prepare this
report. I.O./E.O. should remain present at the time of preparation of the report and
assist S.P.
ORISSA STATE VIGILANCE.
SP’S REPORT PROFORMA IN CRIMINAL CASES /OPEN ENQUIRIES.
*****

S.P.’s Report No._______________ Dated______________

1. Case No. & date of registration. :

2. Sections of Law. :

3. Place & date of occurrence. :

4. Complainant /Source Information. :

5. Suspects/Accused persons. :

a) Name in Full ( with parentage)

b) Aliases, if any.

c) Address.
i. Present
ii. Permanent

d) Designation/status and pay scale.

 94

e) Ministry/Department in which the suspect/accused

is working.

f) Date of retirement.

g) If arrested, whether in judicial custody,

on bail or absconding.

h) Whether suspended, if so the date thereof

i) If suspended, whether by Department suo-moto

or on the recommendation of the State Vigilance.

j) Disciplinary authority.

6. Investigating Officer. :

7. Back ground of the case. :

8. Allegations. :

(All allegations taken up for enquiry

should be mentioned serially and
referred to be the same serial number
throughout the report.)

9. Allegations not substantiated :

(The serial numbers of allegations only

need be mentioned. No discussion is
necessary in regard to these
allegations.)

10. i) Allegation on which investigation/enquiry :

was conducted.

ii) Result of Investigation/enquiry. :

Discuss evidence, oral & documentary
against each suspect/accused.)

iii) Explanation /defence of suspect /accused :

persons.

iv) Arguments to rebut the explanation/

defence of suspect/ accused persons :

v) Discussion of evidence both against and

for the suspect / accused person.

vi) Conclusion whether the allegation is :-

a) Proved against each of the suspect/accused

b) Doubtful or not fully proved.
c) Not substantiated or proved to be false.
 95

N.B. Cols. (i) to (vi) above should be completed in respect of one allegation before
taking up the next allegation.

11. Final Recommendations.

:
i) Prosecution.

ii) Departmental Action.

iii) To refer to the concerned authority for

taking such action as deemed proper.

iv) To be closed and dropped for lack of proof.

N.B. :-1. In cases where sanction for prosecution is to be obtained, the Draft of the
sanction order should be attached.

2. In case where departmental action is recommended, Draft Charges,

Statement of allegations, List of Witnesses and documentary exhibits in
respect of each suspect / accused persons should be attached separately.

Encl. 1. Calendar of Evidence, oral & Documentary.

2. Statement of suspect/accused person(s).
3. Lapses in enforcement of existing regulations and suggestions.
4. Draft Charges, Statement of allegations, List of witnesses and
documents.

The following instructions should be carefully noted in connection with

the preparation of the S.P’s reports.

a) The Report should be prepared with care and due attention being paid
to quality and presentation.

b) S.P.’s Reports should contain all useful and relevant information from
Final Reports, but they should not mention.

i. Information of a departmental nature which is of interest to

Vigilance Officers only, for example, names of I.O.s, dates of
enquiries, references to routine orders, etc.

ii. Controversial points on which different opinions may have been

expressed by different officers of Vigilance. These differences
have to be settled within the organisation and only one final
opinion is to be forwarded to the outside authorities.

iii. Minor points which do not materially affect the merits of the case.

c) The “pros” and “cons” of the case have both to be brought out, but this
should not be done in a manner which is likely to confuse the issue or
to raise doubts on the recommendations made.
 96

d) The explanations given and the defence pleas advanced by the

suspect/accused are to be mentioned in full and not briefly or in a
concise manner. It is, also, necessary to indicate clearly, how they can
be rebutted and explained. It is to be presented, analysed and
discussed in this report in such a way so as to support the course of
action suggested.

e) The exact amount of pecuniary advantage caused, overpayment

made in the case of purchases or in construction work should be
mentioned.

f) When sanction for prosecution is required, a draft sanction order

should be enclosed with the report.

g) When the departmental authorities/Government are moved for

departmental action , they should enclose (i) Calendar of evidence,
oral & documentary (ii) Statement of suspect/accused person(s) (iii)
Lapses in enforcement of existing regulations and suggestions (iv)
Draft charges, statement of allegations, List of witnesses and
documents. Where S.P. is passing the final order at his level on file
enquiries/criminal cases, he can directly move the concerned
departmental authorities for initiation of departmental action or
according sanction for prosecution marking a copy of the report to the
Directorate. In other cases, where orders are taken from Headquarters
for disposal, the S.P.’s report in duplicate should be sent to the
Directorate for necessary scrutiny and onward despatch to the
concerned authorities retaining a copy at the Headquarters.
h) In departmental proceedings, charges would necessarily involve
negligence, irregularities, breaches of departmental rules,
disobedience of orders or instruction, misconduct or unfitness for
service. The draft charges should, therefore, be based on these and
should not mention specific offences under the I.P.C. or other criminal
laws.
i) The departmental rules or Circular orders infringed should be quoted
in the statement of allegations, and a copy of the orders should
accompany the S.P.’s report.

It should be clearly mentioned in the forwarding report that the S.P.’s

reports are privileged documents and as such must not be referred to in any
departmental enquiry/ trial. These reports are sent to the concerned authorities for
their own consumption in order to properly appreciate the case before according
sanction or taking departmental action against the officials. This report must not be
cited as an exhibit in any departmental enquiry or parted with without specific
clearance from the Vigilance.

Ss.P. will ensure that S.P’s reports are prepared promptly on

completion of enquiry /investigation and Directorate should monitor despatch of
S.P.’s report to the authorities concerned. During quarterly crime review, this matter
should be looked into by Ss.P./D.Is.G/IGs. (Ref.: Circular Order No.6/96)
 97

Guidelines for registration of cases/ open enquiries –

Petty matters to be avoided : (Ref :Circular Order No.10/2004)

1. Criminal cases / open enquiries of the following types shall not be registered,
except where there are special reasons warranting a Vigilance Enquiry/ Investigation.

(i) Complaint / information relating to promotions, deputations or similar

departmental matters.

(ii) Complaint / information relating to false TA and other department

allowances unless false claims have been preferred repeatedly and
request has come from Department

(iii) Cases registered and investigated by State Police unless they are
handed over very soon after registration.

(iv) Complaint / information relating to departmental irregularities where

the department itself is conducting an enquiry or taking necessary
action against the delinquent.

(v) Complaint / information relating to failure to report property or

monetary transactions or similar violations of conduct rules only.

(vi) Complaint / information relating to negligence due to which the loss

caused to Government is less than Rs.50,000/-.

(vii) Complaint / information relating to acceptance of below specification

work when the loss caused is small (below Rs.50,000/-) and no
malafides are involved.

(viii) Complaint / information of Government Departments and Government

Undertakings relating to frauds, misappropriation, corruption etc., the
amount of which is below Rs.50,000/-.

(ix) Furnishing or alteration of false date of birth in service records, false

declaration of caste, at the time of appointment. (Such cases should
be referred to Crime Branch/ Local Police)

(x) DA cases against Class-III / Class-IV unless disproportion is high (say

200% or more )

(xi) Complaint / information relating to misuse of staff-cars or Government

vehicles or orderlies. ( may be referred to DEPARTMENT)

(xii) Complaint / information relating to the issues of certificates not

involving malafides.

(xiii) Complaint / information relating to shortage or losses where it is not

possible to fix responsibility due to defects in procedure.

(xiv) Complaint regarding harassment of sub-ordinate staff members,

favouritism in the office matters.
 98

2. In any particular case of the categories mentioned above, when it is

felt by the S.P. of the Division that the matter should be enquired into by Vigilance
notwithstanding these instructions it should be referred to the Directorate.

3. Whenever, in accordance with the above instructions, a decision is to

be taken by any Vigilance Division on the complaint of a Government Department,
Head of Department, or Head of Public Sector Undertaking, a copy of the
Government / Departmental communication containing such request should be sent
to the Directorate for final decision along with the recommendation of the Division.

4. Notwithstanding the above instructions, corruption on the part of very

senior Public Servants should continue to engage the special attention of Vigilance
as corruption at such places needs to be viewed seriously. Similarly, corruption
constituting harassment of the common men by public servants who come in contact
with the general public as also corruption constituting an organized racket should
continue to be taken cognizance of by the State Vigilance.
File/Open enquiries on orders of Hon’ble Lokpal
(Ref :-Circular Order No.15/2004)

Section 10(2) of Orissa Lokpal and Lakayukta Act. 1995 reads as

follows.

" Every such investigation shall be conducted in private and in

particular, the identity of the complainant and of the public servant
affected by the investigation shall not be disclosed to the public or the
press whether before, during or after the investigation:

Provided that the Lokpal or a Lokayukta may conduct any

investigation relating to a matter of definite public importance in public, if
he, for reasons to be recorded in writing, thinks fit to do so."

In light of the above in open/file enquiries ordered on basis of Lokpal

references, the following precautions should be taken.

1. Identity of the complainant as well as suspect public servant shall not be

disclosed.

2. For this E.O./S.P. have to be especially careful while making correspondence.

In such cases when requisitioning documents only subject matter of the
enquiry should be indicated and not the name of complainant/ suspect. All
such correspondence should be marked confidential.
 99

3. While examining witnesses also precautions have to be taken to examine

witnesses not in public.
4. If any physical verification/ Technical Inspection is to be undertaken during
the enquiry, this should be done discreetly without revealing identity of
complainant/suspect, revealing only subject matter of inquiry.

5. Findings of the enquiry should not be shared with any other authority except
with approval of the Lokpal.

Complain against judicial officers

Whenever a Written Complaint is received by the State Government or I.G of

Police, Vigilance against any judicial officers, the same shall be forwarded to the
High Court for scrutiny. Thereafter the court may direct a secret enquiry to be made
into such allegation. After the report of the secret enquiry is received, the court may
scrutinize the same and require the I.G of Police, Vigilance to take up open enquiry
into the matter. The Vigilance Organisation should not collect evidence against
judicial officers without the permission of the court. Unless the court gives clearance,
no action can be taken against any judicial officer .Intelligence in regard to corrupt
practices against the judiciary shall not be collected by the Vigilance organization suo
moto. Hence no complaints relating judicial personnel without obtaining written
clearance from the court should be entertained.
(Ref: Vigilance Standing Order No. 2/68 and Standing Order No. 3/72 and letter
No.7808/SE dt.17.3.69 of Home Department)

Involvement Report.

The Administrative Department /Disciplinary authority of the involved

public servant should be immediately intimated regarding
i) Conduct of house search,
ii) Finalization of open enquiry irrespective of the results of
enquiry.

In this connection, instructions given in Vigilance Circular Order No.

5/2001 should be strictly followed.

***
 100

CHAPTER – VIII
Registration & Investigation of Criminal Cases

As regards registration and investigation of Criminal Cases are

concerned, the S.P., Vigilance is competent to pass order for registration and
investigation of criminal cases against Class-IV, Class-III and Special gazetted
officials of State Government and public servants of equivalent rank in PSUs/other
organisations and private persons. But final orders in such cases will be passed by
the D.I.G. So far as Class-II government officials and public servants of equivalent
rank in PSUs/other organisations are concerned, D.Is.G. are competent to order
registration of criminal cases. D.I.G. also can take final decision in all criminal cases
against Class-II government officials and officials of equivalent rank in the P.S.Us.
I.G./Director, Vigilance are competent to initiate criminal cases against Class-I
government servants and officials of equivalent ranks in Public Sector
Undertakings/other organisations and pass final orders. So far as Class-I officers are
concerned, prior approval of the Government will be obtained for initiating enquiry.

(ii) It has been decided that all files relating to the enquiries and criminal
cases in respect of Class-I officers or equivalent ranks in Public Sector
Undertakings/other organisations shall be put up to the Director, Vigilance through
the respective Inspector General of Police / D.I.G. of Police for registration order as
well as passing final orders. Secret verification reports in I.Rs. relating to Class-I
officer or equivalent rank in PSUs. and other organisations will also be put up to
Director, Vigilance for final orders. (Ref. Circular Order No.3/96).

(iii) The attention of all Investigating Officers and Supervising Officers are
drawn to Sec.173 (1) Cr.P.C., which expressly provides that every investigation
under this Chapter (Chapter XII of the Code) shall be completed without unnecessary
delay. In order to ensure that criminal cases instituted by Vigilance against public
servants, particularly those who are under suspension, are finalized without loss of
time, thorough prompt and painstaking investigation. It has to be carried out on day
to day basis.

(iv) So far as criminal cases are concerned, duration of the investigation

depends on the nature of the offence committed. I.O. will complete investigation
within the time prescribed below from the date of the registration of case till the
submission of charge sheet after obtaining sanction where ever required. It is the job
of the I.O. to obtain sanction by personal contact and his own sincere efforts. The list
of time barred cases should be furnished in the Crime Review separately alongwith
detailed review note of S.P. regarding the reasons of pendency.
 101

D.A. Cases - 1 year

Trap Cases - 4 months
Other Cases under P.C. Act/ IPC offences - 6 months
E.C. Act Cases - 3 months
(v) If the investigation is not completed within the prescribed time limit,
the case will be deemed as time barred calling for tight supervision and monitoring
from the Divisional Headquarters as well as Directorate. P.Rs. are submitted in all
criminal cases once in a month. If the case becomes time barred. S.P. will be
required to submit P.R. once a fortnight.

(vi) Before registration of a case in a Vigilance Police Station,

preliminaries like obtaining concurrence of the Superintendent of Police of the
Vigilance Division have to be completed and F.I.R. recorded by the officer-in-charge
of Vigilance P.S. in P.M. Form No.26.

(vii) When a secret/open enquiry is so converted into a criminal case, the

information originally received should, as far as possible, be reproduced in the F.I.R.
of the Criminal Case and an indication should also be given therein that the
authenticity and correctness of the information was prima facie checked and verified
during the enquiry.
Investigation of cases registered after open enquiry

Large number of criminal cases are registered in Orissa Vigilance as a

result of open enquiry. In such cases FIR is filed by the officer conducting the enquiry
.In the interest of fair and objective investigation, the investigation of the case should
ordinarily be entrusted to an officer other than the one who conducted the open
enquiry. (Ref. Circular Order No. 9/2004).

After registration of the case F.I.R. should forthwith be sent to the

Chief Judicial Magistrate (CJM) and information with a copy of FIR be sent to the
Vigilance Directorate without unnecessary delay.

As a general rule, all investigations will be conducted in conformity

with the provisions of law/act, under the guidance and supervision of the immediate
superior officer and the Superintendent of Police of each Division shall be wholly
responsible for the proper conduct of investigations entrusted to the Officers of his
Division. For this, the Superintendent of Police should closely monitor the progress of
investigation and guide the I.Os. for its timely completion. In order to have close and
better appreciation of the evidence collected and the progress made in investigation
the concerned S.P. will ensure timely submission of Progress Reports (P.Rs.) in all
Criminal Cases as per Vigilance Circular Order No.2/95 in the prescribed proforma
given below.
 102

PROFORMA OF PROGRESS REPORT.

1. P.R. No. & Date. :

2. Case No. & date of registration. :
3. Name of the Accused/Suspect. :
(a) Father’s Name
(b) Status of the accused
(c) Present posting and address
(d) Date of retirement.
4. Offences/Allegation :
5. Name of the I.O. and date of taking charge of the case :
6. No. of witnesses examined :
(Progressive total be given in brackets) i.e. no of
witnesses examined upto the previous PR+ no of
witnesses examined during the month = total.
7. No. of documents collected/ seized :
properties seized with M.R. Nos.
(Progressive total be given in brackets).
8. Developments. :
9. (a) No. of days I.O. spent on touring& N.H. made :
in connection with the case during the period.
i) Dates of touring and night halts be indicated.
ii) No. of days spent on investigation at the Hdqrs.
iii) Reference of the corresponded CDs he furnished
w.r.t. the days on which I.O. investigated the case
during the period.
iv) Progressive total of touring and night halts in
connection with the case.
(b) CD Nos. and dates on which the PR is based. :
(While giving the C.D. Nos. and dates, date of the CD
and date of its receipt in the Division office be
separately mentioned). Progressive total of 161
statements received be indicated.
10. Pending Action/ what remain to be done with:
Reference to the plan of action and subsequent
points added.
11. Omissions if any pointed out by S.P. :
12. Addl. points given by the S.P. :
13. For DA case Only- Whether the check period:
has been fixed ? If so, the period be indicated.
Progressive total of assets, income, expenditure
and D.A. be furnished.

I am to certify that I.O. has submitted up-to-date CDs and 161Cr.P.C.

statements of all the witnesses examined so far.

Superintendent of Police, Vigilance

________________Division.
 103

Vigilance Organisation deals with offences of specialized nature as

listed out in Home Department latest Notification No. 31045/D & A dt. 7.8.04 in
schedule No. II. In this connection, P. & S. (Vigilance) Department Circular No.3224
(205)/VL dt.6.10.1967 (Appendix) addressed to all Secretaries to Government/Heads
of Department/All District Officers may be referred to also. For ready reference, the
offences of specialized nature as listed in schedule –II are mentioned below.
SCHEDULE - II
a) Offences punishable U/s 161,162,163,164,165 & 165(A) of Indian Penal
Code, 1860 (Act-XLV of 1860).

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

1988)

c) Offences relating to :-

i) Evasion of taxes and different control orders.

ii) Transit and possession of forest products as enumerated in sections
45 & 46 of the Orissa Forest Act, 1972 ( Orissa Act 1972) read with
section 56 of the said Act.
iii) The Orissa timber and other forest products transit rules 1980
iv) The Essential Commodities Act, 1955 ( 10 of 1955)
v) The Prevention of Food Adulteration Act, 1954 (37 of 1954)
vi) The Standard of Weights and Measures (Enforcement) Act, 1985
(54 of 1985)
vii) The Drugs Control Act, 1950 (26 of 1950)
viii) The Motor Vehicle Act 1988 (59 of 1988) and
ix) All organized offences under the aforesaid act, orders and rules
affecting the pecuniary interest of the State.
d) Offences under section 409, 419 and 420 and chapter –XVIII of the Indian
Penal Code 1860 committed by public servants as defined in the said code
and in the Prevention of Corruption Act, 1988.
e) Attempts, abetments and conspiracies in respect of offences mentioned in
items (a), (b), (c), & (d) above by whomsoever committed.
f) Any other particular offence or class of offences that may be specified by the
State Government from time to time.

However, as per the provision of section 31 of the P.C. Act, 1988,

sections 161 to 165-A of the Indian Penal Code (Act 45 of 1960) have been omitted
and section 6 of the General Clauses Act (Act 10 of 1897) shall apply to such
omission as if said sections had been repealed by a Central Act.
 104

Registration of Cases under E.C. Act, Food Adulteration Act and Tax Evasion

There are instances that some officers of the State Vigilance instead
of concentrating on Anti Corruption work prefer to give priority to checking of shops
dealing with Essential Commodities and Food items and Registration of cases under
E.C. Act and Prevention of Food Adulteration Act. No doubt, the State Vigilance have
been empowered to take action under aforesaid Acts in addition to Prevention of
Corruption Act. Drug Control Act and Motor Vehicle Act etc. Somehow, shifting
emphasis for anti-corruption work to checking of shops dealing with essential
commodities or food items dilutes our prime objective , i.e. prevention and detection
of corruption by public servants.

Therefore, our officers should rise to the occasion to further improve

the image of State Vigilance and ordinarily the cases under Essential Commodities
Act, 1955 and Prevention of Food Adulteration Act, 1954 should not be taken up
without prior permission of the respective D.Is.G Vigilance. Likewise, while dealing
with Tax Evasion Cases, prior permission is to be obtained from the concerned DIG
by the Divisional S.P. Vigilance. (Ref. : Circular Order No. 1/98).

Registration of Miscellaneous Criminal Cases under P.C. Act and Analogous

Provisions of the I.P.C.

While investigating into D.A. cases, I.Os get spare time, which can be
fruitfully utilized by registration of quality cases of misappropriation, bungling relating
to provision of P.C. Act as well as I.P.C.(Ref. Circular Order No. 1/99)

In conformity with Section 17 of P.C. Act, 1988 State, Vigilance Police

Officers of the rank of Inspector of Police have been authorized by the Government
to investigate cases under the P.C. Act, 1988 suo moto without the orders from a
Magistrate. Home Department Order No.26181/HC dt.29.1.70 and No.46337/HC
dt.13.10.77.

Crime Index in Schedule-XLVII-No.16 and P.M. Form No.117 shall be

maintained in Squad/Unit D.S.P./Division Office and the Directorate so that not only
details of the cases registered are available but also the number of cases pending
investigation, date of supervision, dates of submission of case diaries, final form etc.
and such other information which an Inspecting Officer may like to have, are
available.
 105

All the Investigating Officers (I.Os.) should maintain Case Diaries in

the prescribed proforma (Police Manual rule, 164 and P.M. Form No.30) showing the
progress of investigation carried on each day. The Case Diary shall be prepared in
triplicate in the manner prescribed in Chapter-III of the Cr.P.C., two copies of the
Case Diary shall be sent to the Superintendent of Police and the original retained by
the I.O. to be sent to Court. The S.P. will retain one copy exclusively for the use by
the L.A./Spl.P.P. etc. when required. In due course all the copies of Case Diaries,
except the one retained by the Court, shall be returned to the Division Office and
preserved in the Record Room for the prescribed period. Movement of the preserved
C.Ds shall be properly reflected in the Record Room Register. Seizure list shall be
prepared in triplicate, one of which will be sent to the Division office along with Case
Diary.

Written statements of witnesses, either obtained or recorded during

file enquiry stage, are treated as confidential documents privileged U/s.123 Evidence
Act and these statements do not come under the purview of Section 162 Cr.P.C.
Thus the accused persons are not eligible to receive copies of such statements of
witnesses obtained during file enquiries as decided by the Orissa High Court in
Jamesh Bushi Vrs. Collector of Ganjam and another (A.I.R. 1959 Orissa, 152,
See Appendix- 5).

As regards examination of witnesses, collection of documentary and

oral evidence, examination of suspect/accused, the instructions contained in Circular
Order Nos.7/2001 & 3/03 may be followed.

Supervision of Cases

(i) Every criminal case, right from its inception is supervised by the
jurisdictional S.P., and its progress monitored and reported regularly through the
Progress Report (P.R.). However, formal supervision of cases and record of
Supervision note for a better concept of the cases and guidance of Investigating
Officer is done in a few cases.

ii) Therefore, it is directed that the Ss.P. should supervise a minimum of

three cases every month and release the Supervision note within the month itself.
 106

iii) Every D.A. Case should be supervised by the S.P. There is no option
in this regard and as to the rest of the cases preference should be given to criminal
misappropriation and other complicated cases.

iv) The Directorate may sometimes indicate a particular case to be

supervised by S.P. in view of its complexity or sensitivity otherwise it is discretion of
the S.P. to choose the cases for supervision. Generally Ss.P. should not waste their
time in formal supervision of simple trap cases. (Ref.: Circular No.2/2001)
The Supervision note should be issued in the prescribed format.

(i) Before submitting detailed report recommending either Charge Sheet

or Final Report the S.P. shall scrutinize the records of investigation personally
including the documents relied upon as well as legal scrutiny reports.

ii) It is to be remembered that the entire Vigilance Organisation has the

sole job of enquiring and investigating cases under P.C. Act and a very few sections
of the other Acts. Hence scrutiny and application of mind by senior officers and legal
experts at every stage are the hallmarks of such enquiry/investigation unlike in
general police who tackle emergent situations and vast array of laws, rules and Acts.
The essence of such scrutiny is to ensure ultimately the conviction of the accused in
the Court of law and not merely filing FIRs and charge sheets.

On completion of investigation, the I.O. will prepare and submit his

Detailed Report along with details of documents/evidence collected, statement of
accused officials and upto date case diaries/records as per Vigilance Circular Order
No. 11/2004. Legal Opinion of the Special P.P. should be obtained on the Detailed
Report of the I.O. as per Vigilance Circular Order No. 4/2001.

The nature of Final Form to be submitted in each criminal case has to

be intimated to the Directorate and mentioned in the Detailed Report sent under the
signature of S.P. and approval orders obtained.

On obtaining orders for submission of Final Form, the Divisional S.P.

will prepare S.P’s Report in the prescribed proforma as per Vigilance Circular Order
No. 6/96 and move for sanction of prosecution where necessary, u/s 19 of P.C. Act,
1988.
 107

Sanction for Prosecution

(i) For obtaining sanction for prosecution from competent authority in

respect of criminal cases instituted against public servants, Divisional Ss.P will obtain
sanction for prosecution against public servants of Class-III and below (N.G.Os) and
endorse a copy of the same to the Directorate for record and reference. In case of
officers of Class-II and above, the S.P’s Report should be routed through the
Directorate for obtaining sanction of the appropriate authority/Government.

(ii) Proposals for obtaining sanction should contain

a) S.P’s Report in original
b) Sample Sanction Order

Form of Sanction

As per CVC manual, in the Prevention of Corruption Act, 1988 no

particular form or set of words has been prescribed in which the sanction to
prosecution need be set out. The sanction, however, represents a deliberate decision

of the competent sanctioning authority. The courts expect that a sanction, for which

no particular form has been prescribed by law, should consider that the sanctioning

authority had before it all the relevant facts on the basis of which prosecution was

proposed to be launched and had applied its mind to all the facts and circumstances

of the case before according its sanction.

It is no doubt permissible to prove by evidence that the competent

authority had applied its mind to the facts of the case. However, to avoid delay and

expense and for the sake of convenience and uniformity of practice two standard

forms are given below for the purpose.

 108

SAMPLE SANCTION ORDER

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

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

functioning as (here enter the post held by the offender at the time of commission of

offence) on or about the day of --------- (date of offence) --------------------(description of

the acts constituting offence and also the place of occurrence ).

And whereas the said acts constitute an offence/offences punishable

under section 13(2) r/w 13(1) -------------------- P.C. Act, 1988/ ------------ of IPC. As

such on the written report of Shri-------------(name of the complainant), --------------

Vigilance P.S. Case No. ----dated-------------- was registered and investigated into.

(A Paragraph as per the fact of the case is to be mentioned here)

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

(offender) constitute an offence U/s ----------------- which requires his trial in the court

of law.

In this connection I received S.P’s report on ------------- and fixed up for

pre-sanction discussion on ----------- in my office. In pursuance of the said direction

the Investigating Officer appeared with all relevant records including the list of

documents and list of witnesses in my office on -------- . Accordingly I held discussion

with the I.O. and examined the case record including (i) Copy of F.I.R. (ii) --------------,

(iii) ------------------, (iv) --------------, (v) ----------------, (vi) ------------, (vii) --------------------,

(viii) ----------------, (ix) ---------------, (x) -------------- etc. (FIR/ preparation report/

detection report / statement of witnesses recorded u/s 161 Cr.P.C. / 164 Cr.P.C. /

statement of the suspect officer / detail report / audit report/ handwriting expert

opinion / chemical examination report / per-capita consumer expenditure statement

prepared by the Statistical Officer / building valuation report / other vital relevant

documents collected by the I.O. during the investigation / detail report of

 109

investigation/ S.P’s report (such documents are to be described as per the respective

case record and documents should be mentioned in the handwriting of the

Sanctioning Authority and this guideline quoted in the bracket should not be reflected

in the original sanction order. Similarly, the word sample should not be mentioned in

original heading of the sanction order).

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

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

(name of the offender) from office, after fully and carefully examining the case

records and materials before me with regard to the said allegations, after due

discussion with the Investigating Officer and on proper application of mind, I am

satisfied and have come to the opinion that Sri ---------- (offender) had committed an

offence punishable U/s ---------------------- and as such he should be prosecuted in

the court of law for the said offences.

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

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

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

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

of competent jurisdiction .

Signature & Designation of the

Disciplinary Authority

Typed as per my dictation.

Official Seal
 110

It is made clear that if at the time of submission of charge sheet the

accused public servant is still in service, previous sanction for his prosecution is to be
obtained from the competent authority, as the same is mandatory as per the
provision of section 19 of the P.C. Act, 1988, as no court shall take cognizance of
such offence alleged to have been committed by a public servant except with the
previous sanction. While obtaining the sanction to prosecute the accused it should be
noted and borne in mind that the sanction is valid and to be accepted as such only
when it fully complies with the true condition/tests - viz

(a) That it has been granted by the competent authority, which means
that the authority who granted the sanction was/is competent to
remove the accused public servant from servant from service and (ii)
That the competent authority while granting sanction had applied his
mind to do so, and that it was not granted by him mechanically
keeping the provision of section 19 of the P.C. Act in view that the
provision is intended to afford a reasonable legal protection to public
servant from any false, frivolous or malicious prosecution.

(b) If the accused public servant has retired or dismissed /discharged

from service, no sanction order is required for his prosecution.

(c) Where necessary sanction can be obtained from the authority higher
than the authority who can remove the public servant from service.

(d) Since Members of the Parliament and Members of the Legislative

Assembly have no appointing authority, no sanction is required for
them. However, as per the decision of the Hon’ble Supreme Court in
the case of Mr. P.V.Narsingh Rao Vrs State (CBI S.P.E) A.I.R 1998
S.C.2120 and the related criminal Appeals and S.L.Ps 1997/1998,
permission of the Speaker of the Parliament or Chairman of the
Rajyasabha, as the case may be, is required for prosecution of the
M.Ps till necessary provision is made by the Parliament in this regard.
But there is no mention about the M.L.As in the judgment on this point.

(e) Competent authorities should accord sanction of prosecution within a

time limit of three months. This has been observed by Hon’ble
Supreme Court in Vineet Narain and others Vrs. Union of India. This
should be pointed out to the sanctioning authorities.
 111

(f) Central Vigilance Commission vide their Office Order No.31/5/05

dt.12.5.05 have formulated guidelines to be followed by the authorities
competent to accord sanction for prosecution u/s 19 of the P.C. Act.
This should be brought to the notice of the Sanctioning Authority.

(g) Cases where offence under other sections of I.P.C or any other
act/rules have been committed together with the P.C. Act, the
sanctioning authority should be moved to accord sanction as required
under the provision of section 19 of the P.C. Act as well as under
section 197 of the Cr.P.C.

After obtaining sanction for prosecution from the competent authority,

the I.O. shall prepare draft final form U/s 173 Cr.P.C which should be sent for vetting
by the Special P.P. After vetting, this should be scrutinized and approved by the S.P.
of the Division/Cell. Only after the draft charge sheet is approved by the S.P., fair
copy should be prepared by the I.O. and sent to the court. In this regard, instructions
contained in Circular Order No. 6/2004 should be strictly followed.

As per Circular Order No. 1/96 ,I.Os are required to despatch the Final
Form in triplicate along with C.Ds, 161 Statements and all other required documents
to the court office. The P.Is shall not accept the original Final Form unless the case
records are complete in all respect. But before the I.Os, despatch the final forms to
the office of Prosecuting Inspector as per provision of 173 Cr.P.C. the same need to
be forwarded by the Officer-in-Charge of the Police Station. In fact, in the prescribed
proforma for final form, there is a provision for signature of O.I.C. Since one officer is
appointed O.I.C. of the Vigilance Police Station by the concerned Divisional Ss.P. it
should be ensured that all the final forms are signed by the O.I.C without any
exception but before that the same should be scrutinized by the Section Officer,
Crime Section and put up to S.P. for vetting which will be done in the file only, not on
the body of the final form to be submitted to the court. At the time of scrutiny, it is to
be seen that the final form is prepared strictly in accordance with the orders issued
by the appropriate authority and all the particulars/information as per the prescribed
proforma are furnished accurately. In order to avoid overwriting/ deletion/ addition/
correction on the original final form it is desirable to put up a draft for approval by
S.P. In any case the original final form will be vetted by S.P. before O.I.C puts his
signature thereon while forwarding the same to the court office as envisaged in
Circular Order No. 6/2000.
 112

At the conclusion of investigation, investigating officers are to submit

detailed report after which Special P.P. submits his legal scrutiny report. In most of
the cases where evidence is good only prosecution is recommended /ordered. It may
be noted that conclusion of trial takes lot of time, where Regular Departmental Action
(RDA) is less time consuming, RDA also proves less expensive for the Government
and the same standard of evidence is not necessary in case of RDA as required in
the prosecution .More over prosecution only covers criminal aspects. Many times
there are violation of rules apart from criminal act which can be dealt with in a
regular departmental action ( RDA).

It is, therefore considered that apart from prosecution, Departmental

action may be recommended wherever necessary. (Ref: Vigilance Circular Order
No.7/2004).
At the time of recommending RDA against a public servant of Class-III
and below, the Ss.P will send the S.P’s Report along with the proposal to the
disciplinary authority of the public servant endorsing a copy thereof to the Directorate
for record and reference. In case of officials of Class-II and above the S.P’s Report
and the proposal for initiation of RDA should be routed through the Directorate.

Submission of Progress Reports

i) The Ss.P are to submit monthly progress reports in all criminal cases
registered in their respective jurisdiction as per prescribed proforma (Circular No. 2
of 95). The Ss.P should acquaint themselves with investigation of all the criminal
cases and suitably guide the I.Os with a view to improving quality of investigation.
They should expect each I.O. to meet them at least once a month alongwith upto
date C.Ds, 161 statements etc. in all cases pending with him. Ss.P. should look into
the case records, discuss the cases with the I.O. and give him suitable instructions.
The Progress Report should be neatly prepared and sent to the headquarters every
month under the signature of S.P.. A copy of the P.R be retained in the Divisional
Office, one be sent to the Unit DSP and one to the I.O. for necessary action. The P.R
will not be entertained at the headquarters unless there is certificate from S.P. as to
receipt of upto date CDs and 161 statements. It is expected that with constant
guidance and close monitoring, quality of investigation will improve and expeditious
disposal of cases could be ensured. Delay in submission of P.R must be accounted
for in the P.R itself. Detailed Report on investigation will not be accepted at Hqrs. for
the purpose of passing final orders without clear mention at the end of the said report
that upto date C.Ds and 161 statements have been received at the Divisional office
and scrutinized.
 113

ii) In all criminal cases, P.R. should come till report U/s 173 Cr.P.C
(Charge Sheet or final report) is filed in the court and acknowledgement from P.I.
received.(Ref. Circular Order No. 12/2004).

iii) If the investigation is not completed within the prescribed time limit
the case will be deemed as time-barred calling for tight supervision and monitoring
from the Divisional Headquarters as well as Directorate. If the case becomes
timebarred S.P. will be required to submit P.R. every fortnight.(Circular Order
No.4/96).

Receipt of case records in CJM Court

First Information Reports, charge sheets and other papers

connected therewith shall be laid before the concerned Chief Judicial Magistrate as
soon as it is received by the Prosecuting Inspector (Vigilance) and the court staff. In
exercise of the powers conferred by sub-section (2) of Section 12 of the Code of
Criminal Procedure, 1973 (Act-II of 1974) the Hon’ble High Court of Orissa have
appointed the Chief Judicial Magistrates (CJMs) in the districts of Cuttack,
Bhubaneswar, Sambalpur, Berhampur, Balasore, Koraput and Bolangir on whom
powers of Judicial Magistrate 1st class have been conferred under sub-section (3) of
Section –II of the said code. Accordingly, the C.J.M., Cuttack is appointed as
Additional C.J.M. in the district of Jagatsinghpur,Jajpur, Kendrapara, Dhenkanal &
Angul, vide Notification No. 623/A dated 10.10.2001 of the Hon’ble Orissa, High
Court. The C.J.M., Balasore is appointed as Additional C.J.M. in the districts of
Mayurbhanj, Bhadrak and Keonjhar. The C.J.M., Ganjam is appointed as Additional
C.J.M. in the districts of Bough, Phulbani and Gajapati. The C.J.M., Sambalpur is
appointed as Additional C.J.M. in the districts of Sundergarh, Jharsuguda, Bargarh
and Deogarh. Special CJM, Bhubaneswar is appointed as Additional CJM in the
districts of Puri and Nayagarh vide Notification No. 469/A dated 9.4.1998. CJM,
Bolangir is appointed as Additional CJM, Sonepur vide Notification No. 124/A dated
25.3.2008. C.J.M., Koraput, Jeypore is appointed as Additional C.J.M. in the districts
of Rayagada, Nawaranghpur, Malkanagiri Kalahandi and Nowapada vide Notification
No. 641/A dated 30.11.2004 of the Hon’ble Orissa High Court. They shall receive
police reports in respect of cases arising out of the Prevention of Corruption Act,
1988 as may be instituted and investigated by the State Vigilance Organisation and
transmit the charge sheets in the respect of offences under the Prevention of
Corruption Act to the concerned Special Judege. In respect of other offences they
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shall take cognizance and may either themselves try or commit for trial or transfer
them to the Competent Judicial Magistrate except the CJM of the concerned District
for hearing and disposal. In respect of their own district they shall follow the same
procedure.

Mode of registration and investigation of Disproportionate Assets

cases and Trap cases have been dealt with in separate chapters in detail which are
to be referred to for guidance and action accordingly.

Malkhana

Earlier, a Property Register was being maintained in P.M. Form No.18

in Squad Offices. For safety and proper preservation of documents/records and other
valuables taken charge of during enquiry and seized during investigation, it was felt
necessary to maintain a Central Malkhana at Vigilance Headquarters, for Cell , and
at Divisional Headquarters for Squad Offices/Unit Offices in C.B.I Pattern . These
Malkhanas are functioning accordingly.

The following Registers will be maintained in Malkhana.

1. Malkhana Register/Property Register

2. Index Register

3. Temporary movement Register

4. Original case diary Register

5. Cash and Jewellery Register

6. Invoice Register

After seizure of property in a Criminal case or taking charge of

property in open enquiry I.O./E.O. will produce the articles before the Officer
In-Charge of Malkhana with three copies of seizure list/receipt memo. After making
necessary entries in Malkhana register and Index registers, Officer in-charge of the
Malkhana will keep a copy with him and send one copy each to the court and I.O.
giving reference of Malkhana register. Prescribed columns of these two registers are
given below:
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The Malkhana Register and Index Register will be maintained in the

following proforma.

Malkhana Register

1. Sl. No.
2. Date of Entry.
3. Date and place of Origin.
4. By whom seized or deposited in Malkhana.
5. Case No. with date.
6. Details of property.
7. Date of disposal of Malkhana item.
8. Remarks.

Index Register

1. Sl. No.
2. Case No. with dates, name and address of accused.
3. Ref. of Malkhana Register No.
4. Name of the I.O./E.O
5. Remarks i.e., particular Almirah / rack where the documents are
kept/court case / Departmental Action with the present location of the
documents in movement.

When the I.O. /E.O./Special P.P./P.P./other feel the necessity of such

documents they get them from OIC Malkhana through Temporary Movement
Register. The prescribed headings of this register are given below.

Temporary Movement Register

1. Sl. No.
2. Case No. and date.
3. Malkhana register No.
4. Date of handing over of documents to EO/I.O./Spl.P.P. etc.
5. Purpose of taking such documents
6. Name of the I.O./E.O./Spl. P.P./P.P. who received the documents.
7. Signature of the concerned persons i.e. I.O./E.O. /Special P.P./P.P.
etc. who received documents.
8. Signature of I.O. /E.O./P.P./Special P.P. while returning the
documents of Malkhana.
9. Signature of O.I.C. Malkhana after getting the documents at Malkhana
10. Date on which documents have been returned.
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Original Case Diary Register

On completion of investigation, I.O. deposits original C.D.s with O.I.C.

Malkhana for its safe custody and further follow up action.

Followings are the columns :

1. Sl. No.
2. Case Ref.
3. Name of I.O. who deposited the case diaries.
4. Details of C.Ds
5. Signature of O.I.C. Malkhana

Cash and Jeweleries Register

Hard cash/jewelery related to trap/DA cases are entered in this

register by OIC, Malkhana and handed over to S.O.(Accts) of the office for safe
custody in an iron chest kept in the Malkhana room. Since the key of Malkhana room
is with OIC, Malkhana and the key of iron chest with S.O. accounts, automatically the
cash and jewelries are practically under double locks. The headings of this register
are given below :

1. Sl. No.
2. Case No. & M.R. No.
3. Description of cash/ jewelleries in details
4. Circumstance of seizure
5. Value of such property.
Invoice Register

On receipt of orders from court/competent authority to return the

articles to the persons from whom the same were seized or to hand over for
departmental proceedings etc. OIC Malkhana will send these articles in an invoice
through a special messenger. The headings of the register are given below.
1. Sl. No.
2. Invoice No. with date
3. To whom sent
4. Case Ref. with M.R. items
5. Date of delivery of documents
6. Date of return of invoice to Malkhana
7. Name and designation of Special Messenger with his signature and
date.
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Documents are kept separately in bundles wrapped in red cloth in the

racks with neatly written label bearing Malkhana Register No. and case No. The
documents are kept year-wise. The OIC Malkhana will hold his office inside the
Malkhana room.

Malkhana of Unit office

The documents/properties seized or taken charge of by the I.Os /E.Os

of the Unit should be kept in the Unit Malkhana temporarily for use by them. On
completion of investigation /enquiry the properties should be sent to the Divisional
Malkhana along with case records. On receipt of properties/documents along with
prayer of the I.O/E.O., the Divisional S.P. will take a decision on the following
aspects.
i) to send the relevant documents to the court ,
ii) to prepare police papers in important cases,
iii) to send to the Disciplinary Authority in connection with Departmental
action
iv) to retain for future,
v) to return to the authority from whom seized/taken charge of, if
considered to be not necessary in connection with the concerned
case.

The valuable /sensitive documents may be preserved in the Divisional

Malkhana under intimation to the court.
Reference of the Divisional Malkhana should be quoted in all future
transaction.

Staffing Pattern

The Malkhana of Vigilance Directorate will be manned by 2 S.Is and 2

Constables. Similarly the Malkhana of the Divisional Headquarters will be manned by
one S.I./ASI and two constables.

Malkhana register in the prescribed proforma should be maintained in

the office of the S.R., C.D.I (State Representative, Commission of Departmental
Inquiries) Malkhana register in P.M. form No. 18 in Squad Office/Unit offices will
continue. The necessary documents in criminal cases charge sheeted need to be
sent to the concerned court alongwith the charge sheet. But in the cases referred to
the Deptt for initiation of departmental enquiries/such action, the documents/records
may be made available for the purpose of enquiry as and when required. In the
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cases ending in final reports the documents/records be retained in the Malkhana till
acceptance of the Final Reports and orders for disposal of such papers.
(Ref. Circular Order No. 7/96)

Custody of documents and material objects in charge sheet cases

a) In pending trial case in Vigilance Special Courts at the time of trial

material objects and other court exhibits, namely documents relied upon by the
prosecution are sometimes not produced, or if they are, in inordinate delay. Some
times, it is reported that the crucial documents are missing or found mutilated or
tampered with, thereby proving detrimental to the prosecution.

b) To obviate this and to secure exhibits properly and ensure their timely
production and marking during trial, all documents cited in the police reports and also
in the case diaries will be serially numbered and kept properly in the Vigilance
Malkhana. Detailed instructions regarding maintenance of the Vigilance Malkhana
have been issued in Vigilance Circular Order No. 7/96.

c) At the time of filing of the police report (charge sheet) only copies of
161 Cr.P.C. statements, seizure lists, sanction order and other cited documents will
be handed over to the bench clerk under proper receipt. The original seizure lists,
sanction order etc. will, however, be retained by the Spl.P.P. to be kept with the
record. The original ledger/documents to be exhibited may be retained in the
Malkhana after issuing copies of relevant portions to the defence, where necessary.
All valuables including all FDR, KVP, share certificates as well as trap money will be
kept in the Malkhana with the knowledge and orders of the court. The case diaries
being privileged documents should not be filed with charge sheet and handed over to
the Bench Clerk.

d) As already mentioned, all important documents and material objects

will be kept in the Division office Malkhana till they are produced and marked during
trial of the concerned case. It is the responsibility of the court to prepare copies of
police papers for supply to the defence. (Ref. Circular order No. 4/2003)

Safety and proper preservation of documents/records and other

valuable articles taken charge of or seized during enquiry/investigation is of
paramount importance, more so if they are required to be produced during trial or
enquiry. The E.O./I.O. shall remain responsible for the safe custody and prevention
from any kind of loss, damage, tampering or misuse of property from the time of
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taking charge till its deposit in Malkhana. Only after careful inspection,
documents/records/files be taken charge of so that seizure of unnecessary records
are avoided. It is desirable to return the documents without undue delay and
therefore the enquiry should be finalized expeditiously. While submitting the final
report, a separate report mentioning details of the property taken charge of during
enquiry with a note as to which one of them is necessary to be retained and which
one can be returned is to be appended. Properties are to be returned only on the
orders of competent authority. To guard against loss or misplacement, those are to
be returned only to the authorized person under proper acknowledgement. For
departmental proceedings, the properties are to be handed over either to the head of
the office or the appointed Presenting Officer. Receipt of the properties are to be
acknowledged in form of Mal chalan.

Holding I.O.

Where the investigation of a particular case is complete/Final Form

submitted and the original I.O. is required to discontinue in the event of his transfer
from the organization /retirement on superannuation etc., the concerned S.P. will
appoint another officer of his Division as Holding I.O. to remain incharge of the said
case for taking further follow up action.

Involvement Report (Ref: Vigilance Circular Order No. 5/01)

The Administrative Department/Disciplinary Authority/PSU, should be

intimated immediately about the

a) Finalization of open enquiry irrespective of the results of enquiry.

b) Conduct of house search,
c) Registration of a criminal case,
d) Submission of final form
e) Completion of trial.

In case of acquittal, decision as to preferring appeal in the Higher

Court should be communicated to the concerned authority.

The Involvement Report to the Disciplinary Authority should be

precise and unambiguous for which the following proforma may be used.
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Form No.I
INVOLVEMENT REPORT IN HOUSE SEARCH & OPEN ENQUIRIES.
OFFICE OF THE SUPERINTENDENT OF POLICE, VIGILANCE _______________
DIVISION. /CELL.

To

The __________________________________________

______________________________________________

(Name/Designation of the Disciplinary Authority)

Sub:- Involvement Report in respect of Sri__________________________

(Designation)
Sir,

This is to intimate that an enquiry was initiated against

Sri_______________________________________ on the allegation of (brief of the

allegation).

In course of enquiry the residential house and house of the relatives of

Sri ___________________________________________ were simultaneously
searched on_____________________at________________,
________________________, _______________________.

On conclusion of the enquiry the allegation could not be substantiated/

were substantiated against Sri________________________________________ and

as such concerned Disciplinary Authority is being moved to initiate departmental

action for his misconduct is being referred to take such action as deemed proper in

the matter.

Yours faithfully,

Superintendent of Police, Vigilance,

__________ Division.

(Strike down which is not applicable. In case criminal case

is being contemplated after completion of enquiry, intimation should
go after registration in Form No.II)
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Form No.II

INVOLVEMENT REPORT IN CRIMINAL CASES

OFFICE OF THE SUPERINTENDENT OF POLICE, VIGILANCE,
______________ DIVISION/CELL.
To

The ____________________________________________
(Name and designation of the Disciplinary Authority)

Sub:- Involvement Report in respect of Sri_________________________

(Designation).

Ref:- ______ Vigilance P.S. case No.___________ dt.____________

U/s_________
Sir,

This is to intimate that the above noted case has been registered
against Sri ______________________________________________ on the
allegation of ____________________________ (Brief of the accusation of F.I.R.).

During investigation prima facie offences U/s_______________

was made out and accordingly C.S. No.______________ dt. _______________ was
submitted against him to stand his trial in the Court/the offences against
Sri ____________________________could not be substantiated and accordingly
Final Report ________________ has been submitted vide F.R. No.___________
dt._____________.

On completion of the trial the Learned Special Judge

(___________________) vide judgement dt.___________ convicted the accused
Sri__________________________ and sentenced him to undergo____________
and fine of Rs._________/- .

On completion of trial the Learned Special

Judge_____________ vide judgement dt.___________ acquitted
Shri___________________________.

Decision has been taken to prefer appeal /not to prefer appeal in the higher Court.

Yours faithfully,

Superintendent of Police, Vigilance,

________ Division.
(Strike down which is not applicable)
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Consequent upon the conviction of a public servant on corruption /

criminal charges in the court of law, the convicted public servant is liable to be
dismissed from service in terms of article 311 (2) of the Constitution of India and
Rules 13 r/w 18 (1)of the O.C.S (CC &A) Rules 1962. These aspects should be
pointed out to the Appointing Authority of the public servant immediately in the
involvement report for such dismissal of the convicted public servant.

Case Diary Index

The Investigating Officers of Vigilance cases are required to maintain

a case diary index for each criminal case, in the sample proforma prescribed below
for ready reference, to know at a glance, both by the I.O. and the supervising officer,
as to what are the action taken for progress of investigation of the case and what are
the action remained pending to be taken up/complied with for completion of
investigation of the case expeditiously. Such maintenance of the case diary index will
also facilitate timely submission of upto date progress reports (PRs) of the case and
pave the way for smooth and speedy investigation of the case and its follow up
action. As such, this be complied with accordingly by the I.Os without any deviation
and such action be ensured by the Ss.P Vigilance of the Divisions/S.P. Vigilance Cell
as imparted above.
CASE DIARY INDEX
(Case Reference-Case No./Date/Section (s))

Sl. Case Diary Action taken for Nature of Remarks

No. Reference progress of action pending
investigation of the for compliance
case
1 2 3 4 5

Check List.

In case of Change of the Investigating Officer of a Vigilance Case,

while handing over charge of investigation of a criminal case, the original I.O. makes
over the case diaries and connected records/documents to his successor. The I.O.
taking over charge of the case, at times, remains in darkness about the important
documents/records dealt in the case. Hence, the original I.O. should prepare a list of
all important seized documents /records dealt/relied upon in the case and hand over
the same to his successor accordingly for future guidance and facilitating the
investigation work at all times without any confusion or delay.

***
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CHAPTER – IX
Registration & Investigation of Trap Cases

Trap means catching some one being unaware of the same while
doing some wrong/objectionable/illegal act. One of the most effective methods and
principal modes of tackling corruption and detecting an offence of bribery is to lay a
trap against the corrupt public servant who is committing such crime.

In cases of public servants who are reported to be notoriously corrupt

and habitually demand and accept illegal gratification (bribe) as a motive or reward
for doing or forbearing to do any official act or for showing or forbearing to show, in
the exercise of their official functions, any favour or disfavour to any person, against
whom (Public servants) charges/allegations of such corruption cannot be easily
booked or levelled in the usual way unless there is a direct trap, Vigilance
Organisation may where considered expedient and after testing the veracity and
genuineness of such allegation, resort to the strategy of laying traps to catch them
red-handed in the very act of commission of the offence and detect the crime on the
spot at the time of demand and acceptance of the bribe (illegal gratification) and to
book and punish them under the relevant provisions of law as provided in the
Prevention of Corruption Act, 1988, these provisions provide lawful scope and legal
sanction to any Anti-Corruption Organisation/Vigilance Organisation to do so as an
effective measure for combating and preventing commission of such type of
offence/corruption by the Public servants and thereby generating a fear complex
among the Public servants and other bribe givers and dissuading them not to commit
such crime.

The object of laying a trap is to collect necessary direct,

circumstantial, qualitative and well founded evidence against the offender and its
degree of success depends upon the quality of evidence and the amount of
incriminating material collected and secured during the trap.
Ref : Circular Order No.02/98, 01/01, 01/04 & 03/04.

TRAP
A prior demand of bribe (illegal gratification) i.e. any gratification other
than legal remuneration as a motive or reward for doing or forbearing to do any
official act) and a complaint from the aggrieved person are the prerequisite for laying
a trap.
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The case of trap is to be registered U/s.7 of the Prevention of

Corruption Act 1988 against any Public servant as the provisions of this section
generally deal with the Public servant who (a) accepts or (b) obtains or (c) agrees
to accept or (d) attempts to obtain from any person, for himself or for any other
person, any gratification other than legal remuneration as a motive or reward for:
(i) doing or forbearing to do Official Act

or

(ii) for showing or forbearing to show, in the exercise of his official function, favour
or disfavour to any person.
or

(iii) for rendering or attempting to render any service or disservice to any person, with
the Central Government or any State Government or Parliament or the Legislature of
any State or with any local authority, Corporation or Government company referred to
clause (c) of Section 2 or with any public servant, whether named or otherwise.

The Hon’ble Supreme Court have held the laying of traps as a

legitimate means for catching corrupt public servants and ruled that the decoy, i.e.,
complainant in trap cases is not to be treated as an accomplice in the crime, holding
that, “A person who from the very beginning has no intention of giving the bribe but
makes a show of it to bring a dishonest public servant to book, far from being an
accomplice, is a good citizen”. But a distinction has been drawn between a legitimate
trap and an illegitimate trap as laid down in Mohiyuddin Vrs. State (AIR 1952). A trap
is said to be illegitimate” when a public servant has not demanded a bribe and he is
only suspected to be in the habit of taking bribe and he is tempted with a bribe just to
see whether he would accept it”.
Kinds of Trap

Traps are laid on (i) Corrupt public servant (ii) the bribe giver (also
called Reverse Trap) and (iii) tout or middlemen between public servants, engaged
either by the accused public servant or the favour seeker to act on their behalf.
Case for trap are registered against

(i) Public Servant u/s.7,11,13(1)(a) & 13(1)(b),

(ii) Bribe giver u/s.12 and
(iii) Tout u/s.8 & 9 of the P.C. Act, 1988.
“The applicability of the sections of the P.C. Act 1988 concerning Trap
Cases” of different nature are mentioned below:
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Trap against Public Servant

Section 7: Public servant taking gratification other than legal
Remuneration in respect of an official act.

Whoever, being, or expecting to be a public servant, accepts or

obtains or agrees to accept or attempts to obtain from any person, for himself or for
any other person, any gratification whatever, other than legal remuneration, as a
motive or reward for doing or forbearing to do any official act or for showing or
forbearing to show, in the exercise of his official functions, favour or disfavour to any
person or for rendering or attempting to render any service or disservice to any
person, with the Central Government or any State Government or Parliament or the
Legislature of any State or with any local authority, corporation or Government
company referred to in clause(c) of section 2, or with any public servant, whether
named or otherwise, shall be punishable with imprisonment which shall be not less
than six months but which may extend to five years and shall also be liable to fine.

Explanation – (a) “Expecting to be a public servant”. If a person not

expecting to be in office obtains a gratification by deceiving others into a belief that
he is about to be in office, and that he will then serve them, he may be guilty of
cheating, but he is not guilty of the offence defined in this section.

(b) “Gratification” – The word “gratification” is not restricted to pecuniary

gratifications or to gratification estimable in money.

(c) “Legal remuneration” – The words “legal remuneration” are not

restricted to remuneration which a public servant can lawfully demand, but include all
remuneration which he is permitted by the Government or the organisation, which he
serves, to accept.

(d) “A motive or reward for doing” – A person who receives a gratification

as a motive or reward for doing what he does not intend or is not in a position to do,
or has not done, comes within this expression.

(e) Where a public servant induces a person erroneously to believe that his
influence with the Government has obtained a title for that person and thus induces
that person to give the public servant, money or any other gratification as a reward
for this service, the public servant has committed an offence under this section.
 126

Section 11: Public servant obtaining valuable thing, without consideration from
person concerned in proceeding or business transacted by such public
servant.

Whoever, being a public servant, accepts or obtains or agrees to

accept or attempts to obtain for himself, or for any other person, any valuable thing
without consideration or for a consideration which he knows to be inadequate, from
any person whom he knows to have been, or to be, or to be likely to be concerned in
any proceeding or business transacted or about to be transacted by such public
servant, or having any connection with the official functions of himself or of any public
servant to whom he is subordinate, or from any person whom he knows to be
interested in or related to the person so concerned, shall be punishable with
imprisonment for a term which shall be not less than six months but which may
extend to five years and shall also be liable to fine.

Sec. 13(1)(a) : A public servant is said to commit the offence of criminal

misconduct (a) if he habitually accepts or obtains or agrees to accept or attempts to
obtain from any person for himself or for any· other person any gratification other
than legal remuneration as a motive or reward such as is mentioned in section 7.

Sec. 13(1)(b) : A public servant is said to commit the offence of criminal

misconduct (b) if he habitually accepts or obtains or agrees to accept or attempts to
obtain for himself or for any other person, any valuable thing without consideration or
for a consideration which he knows to be inadequate from any person whom he
knows to have been, or to be, or to be likely to be concerned in any proceeding or
business transacted or about to be transacted by him or having any connection with
the official functions of himself or of any public servant to whom he is subordinate, or
from any person whom he knows to be interested in or related to the person so
concerned.

Trap against Bribe giver (Reverse Trap)

Section 12: Punishment for abetment of offences
defined in section 7 or 11 :

Whoever abets any offence punishable under section 7 or section 11

whether or not that offence is committed in consequence of that abetment, shall be
punishable with imprisonment for a term which shall be not less than six months but
which may extend to five years and shall also be liable to fine.
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Trap against ‘Tout’ / Middle man.

Section 8: Taking gratification, in order, by corrupt
or illegal means, to influence public servant -

Whoever accepts or obtains, or agrees to accept, or attempts to obtain,

from any person, for himself or for any other person, any gratification whatever as a
motive or reward for inducing, by corrupt or illegal means, any public servant,
whether named or otherwise, to do or to forbear to do any official act, or in the
exercise of the official functions of such public servant to show favour or disfavour to
any person, or to render or attempt to render any service or disservice to any person
with the Central Government or any State Government or Parliament or the
Legislature of any State or with any local authority, corporation or Government
company referred to in clause (c) of section 2, or with any public servant, whether
named or otherwise shall be punishable with imprisonment for a term which shall be
not less than six months but which may extend to five years and shall also be liable
to fine.

Section 9: Taking gratification, for exercise of personal

influence with public servant :

Whoever accepts or obtains or agrees to accept or attempts to obtain,

from any person, for himself or for any other person, any gratification whatever, as a
motive or reward for inducing, by the exercise of personal influence, any public
servant whether named or otherwise to do or to forbear to do any official act, or in the
exercise of the official functions of such public servant to show favour or disfavour to
any person, or to render or attempt to render any service or disservice to any person
with the Central Government or any State Government or Parliament or the
Legislature of any State or with any local authority, corporation or Government
company referred to in clause(c) of section 2, or with any public servant, whether
named or otherwise, shall be punishable with imprisonment for a term which shall be
not less than six months but which may extend to five years and shall also be liable
to fine.

Who is competent to lay a Trap

As per Section -17 of the P.C.Act ,in Orissa State Vigilance Officers
not below the rank of Dy.S.P., Asstt. Commissioner of Police (in Metropolitan areas)
or Vigilance officers of the rank of Inspectors, authorised by the State Government
can lay a trap. However, any Police Officer not otherwise empowered to lay a trap
can do so after obtaining permission of Magistrate having jurisdiction as laying of trap
is, in fact, collection of evidence against corrupt public servant to investigate the
offence of demand of bribe.
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Previous sanction necessary for prosecution "Section 19, P .C. Act"

(1) No Court shall take cognizance of an offence punishable under

Sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant,
except with the previous sanction,

Regarding obtaining sanction for prosecution, it is dealt in details

separately.

Generally, a trap can be laid only after receipt of a written complaint.

The complaint, inter-alia, must contain (i) the demand of bribe by the public servant
or with regard to public servant, indicating the date, time and place of the demand (ii)
Purpose for which the bribe is sought (iii) the unwillingness of the complainant to pay
the bribe.

Section 20 - Presumption where public servant accepts gratification other than

legal remuneration :

(1) Where, in any trial of an offence punishable under Section 7 or

Section 11 or clause (a) or clause (b) of sub-section (1) of Section 13 it is proved that
an accused person has accepted or obtained or has agreed to accept or attempted to
obtain for himself, or for any other person, any gratification (other than legal
remuneration) or any valuable thing from any person, it shall be presumed, unless
the contrary is proved, that he accepted or obtained or agreed to accept or attempted
to obtain that gratification or that valuable thing, as the case may be, as a motive or
reward such as is mentioned in Section 7 or, as the case may be, without
consideration or for a consideration which he knows to be inadequate.

(2) Where in any trial of an offence punishable under Section 12 or under

clause (b) of Section 14, it is proved that any gratification (other than legal
remuneration) or any valuable thing has been given or offered to be given or
attempted to be given by an accused person, it shall be presumed, unless the
contrary is proved, that he gave or offered to give or attempted to give that
gratification or that valuable thing, as the Case may be, as a motive or reward such
as is mentioned in Section 7, or, as the case may be, without consideration or for a
consideration which he knows to be inadequate.
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(3) Notwithstanding anything contained in sub-sections (1) and (2), the

Court may decline to draw the presumption referred to in either of the said
sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no
inference of corruption may fairly be drawn.

Section 24: Statement by bribe giver not to subject him to

prosecution:

Notwithstanding anything contained in any law for the time being in

force, a statement made by a person in any proceeding against a public servant for
an offence under Sections 7 to 11 or under Section 13 or Section 15, that he offered
or agreed to offer any gratification (other than legal remuneration) or any valuable
thing to the public servant, shall not subject such person to a prosecution under
Section 12.

Standardrized Procedure for Trap

No two cases of trap are ever identical, yet it is necessary that laying
of trap and its investigation is standardised.

Where a public servant demands or accepts or attempts to obtain or

agrees to accept bribe from a person which the latter is not willing to pay, information
is given to the police / the competent Anti corruption organization by such person
about the demand etc. made by the public servant. On receipt of such information, an
FIR is lodged after due verification and a trap is arranged. The Government Currency
notes brought by the complainant are treated with phenolphthalein powder in the
presence of two independent witnesses, whose services are procured for the
purpose. Team is formed under the leadership of an able officer, called Trap Laying
Officer (TLO). Everyone is briefed by the leader of the team and the offender is
caught when he accepts the bribe.

CBI is a Central Organisation. Our Constitution has divided the entire

legislative business in three parts known, as List I, List II & List III. The matters which
are exclusively subject matter of the Central Government, are in List I, called the
Central List; subjects on which both Centre and State have jurisdiction are in List III,
called Concurrent List and those subjects which are exclusively to be dealt by the
State, are in List II, known as State List. Law and order is in List II and investigation is
treated as a part of law and order, hence it is the exclusive monopoly of the State
Government.
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The Supreme Court in Sirajuddin Vs. State of Madras, 1970(3) SCR-

931 : AIR 1971 SC 520 : 1971 Cr.L.J. has held that before laying the trap, there must
be some suitable preliminary enquiry into the allegations by a responsible officer. An
officer is deputed for the verification for which no minimum rank is prescribed. The
verification of complaint comprises of (i) examination of the Complainant (ii) discreet
verification of allegation as contained in the complaint (iii) Submission of verification
report.

Secret and Discreet Verification

While laying of trap is considered to be the most effective means and

form for catching a corrupt public servant red-handed in the act of accepting any
illegal gratification and proving the alleged corruption charge against him more
successfully in the Court of law, it is also incumbent on the part of the Vigilance
Officers to be equally careful about acting against an innocent and honest public
servant to entangle him by laying a trap on false, frivolous, malicious and vexatious
complaint of bribery reported by any recalcitrant and defaulting subordinate or any
dishonest and defaulting contractor or any tout, rivals or adversaries of the public
servant and thereby harming his reputation, social/ official status and carrier.

To guard against such eventuality whenever any complaint of demand

of illegal gratification is received, the genuineness and veracity of the same may be
verified secretly and discreetly through a responsible Vigilance Officer on priority
basis and the S.P., Vigilance concerned may satisfy himself personally that the
complaint is not biased or false and the complainant has been genuinely victimized
and aggrieved owing to such illegal demand of money to which he is unwilling to pay.

While conducting such secret and discreet verification, the character,

general reputation, relationship, background etc. of the complainant and the alleged
public servant and other relevant factors should be verified depending on the nature
of the complaint.

After such secret and discreet verification, if the complaint appeared to

be genuine and it is decided to lay a trap on the basis of the complaint, this (the
complaint) be treated as FIR and further necessary steps be taken for laying a trap
inconformity with the practice and procedure etc. followed for the purpose.
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In this connection following instructions imparted in Vigilance

Directorate Circular Order No.1/2001, should be thoroughly followed.

1. While trap cases are undoubtedly the most effective form of detecting
and proving corruption among the public servants, sometimes it is observed that in
their over-zealousness, the Vigilance Officers fail to observe some basic precautions
and investigational norms, resulting in reasonable doubt being created on the
genuineness of the trap itself. To obviate the same, the following guidelines are
reiterated.

2. Whenever, a complaint of demand of illegal gratification by a public

servant is received, the genuineness of the complaint should be verified and S.P.
should satisfy himself personally that the complaint is not biased or false and that the
complainant is genuinely aggrieved with the illegal demand of money and he is
unwilling or unable to pay. The character and antecedents of the complainant should
also be carefully screened. Touts or adversaries of the accused in the garb of
complainants should be identified as such, and discouraged.

3. Likewise ascertaining discreetly the general reputation of the accused

official is a prerequisite in all Vigilance cases, especially in trap cases, and is of
utmost importance. If, there is any iota of doubt on the genuineness of the trap, it is
the legal and moral responsibility of the S.P. to see that the complaint is not acted
upon in a hurry.

4. Once it is decided to go ahead and lay a trap on the basis of a

complaint, then the trap proceedings must be meticulously and faithfully reflected and
recorded in the pre-detection and post-detection reports. No detail of the conduct,
speech and response of the accused should be omitted or distorted. The
conversation between the decoy and the accused should be recorded verbatim and
in whatever language they speak. The overhearing/accompanying witness being the
most important witness in the trap proceedings, should be examined in detail and his
version of the proceedings should be faithfully recorded and incorporated in the
detection report. While there should be no omission of any relevant detail, there
should not be any addition, embellishment or distortion of the actual transaction, pre
and post trap reaction, conduct and conversation between the accused and members
of the trap party.
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5. There should be no attempt on the part of the decoy or any member of

the trap party to somehow entangle the accused during the trap. If the accused does
not demand or accept the bribe, inducing him to do so or thrusting the money forcibly
into his hand or his pockets or the drawer of the table or inducing any other member
in the office or in the house, to accept the money is both illegal and unethical and as
such, should be strictly guarded against.

6. While no effort should be spared to trap the venal public servant on

genuine complaints, Vigilance officers should be equally careful about unwillingly
acting against an innocent public servant on false, frivolous or vexatious complaints.

In this regard the following instructions as per Vigilance Directorate

Circular Order No.3/96, are to be adhered to, while going for registration of trap
cases:
i) So far as Class-IV, Class-III and private persons are concerned, no
prior permission is required by Divisional S.P., but D.I.G. should be
informed immediately after the trap.
ii) Instead of waiting for written order, D.I.G. should be contacted over
telephone or otherwise and clearance be taken before laying a trap
against a Class-II Government official or any public servant of
equivalent rank.
iii) The result of the trap should be intimated to the D.I.G. immediately
after execution of the trap.
iv) When any official of the rank of Class-I and above is to be trapped, the
clearance of the I.G./Director should be taken through D.I.G. and after
execution of the trap, Director/I.G./D.Is.G. should be kept informed
about the result.

First Information Report (F.I.R.)

As mere demand or agreement to accept bribe by a public servant is a
cognizable offence under Section 7 of the P.C Act 1988, hence if on the verification,
the complaint is found to be genuine, a case under Section 7 of the PC Act, 1988
should be registered before proceeding further. If the complainant has paid some
amount prior to lodging the FIR, this fact may also be mentioned and Section
13(1)(d) may be added in the FIR.

An entry in the Station Diary, indicating the registration of the case

should be made.
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FIR should be despatched to the competent court as early as

possible, because, at times, the delay in receipt of FIR in the court, coupled with

other petty circumstance is viewed adversely by the court and FIR itself becomes

suspicious, suggesting ante-dating of the FIR.

Process of laying Trap:

The process of laying of trap may be divided into three stages, viz.,
(i) Pre-trap Preparation, (ii) Actual Trap and (iii) Post Trap Investigation.

Preparation:

The Trap Laying Officer (TLO), if feasible, should discreetly survey the
likely location to select the most suitable:
a) Likely place of Trap.

b) Positioning of Trap Members, Witnesses and

c) The appropriate signal (Nature of signal to be given and who to give signal)

Formation of Trap Party:

The Trap Party should have sufficient number of officers at least some
of whom should be well conversant in laying of trap. Leader of the team should be
given the total responsibility of laying the trap. While selecting the Trap Laying
Officer(TLO), the status of the accused should always be kept in mind: if the accused
is senior officer, the TLO should also be selected accordingly.

Requisition for Independent Witnesses:

Many cases have been unsuccessful during trial due to improper

selection of witnesses. While selecting the witnesses, it should be ascertained that
witnesses do not have official or personal relationship with the complainant or the
accused. Usually, public servants are requisitioned from the Government
Departments/ Public Sector Undertakings to act as Independent Witnesses. Care
should be taken to ensure that any person who has been associated earlier with any
trap should not be selected as an Independent Witness again. The witness selected
should be well conversant with the language in which the conversation between the
complainant and the accused is likely to take place at the time of transaction of the
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bribe money. While requisitioning for the services of independent witnesses, care
should be taken that (a) the witnesses are not from the Department to which the
suspected public servant belongs (b) the requirement like fluency of the witnesses in
any particular language, status, should be indicated, besides indicating the date,
time, place of reporting. By way of abundant caution, services of more than two
witnesses should be requisitioned so that at least two witnesses fulfil the requirement
of the Trap at hand.

Instructions with regard to “selection of witnesses” in Trap Cases

have been mentioned in Vigilance Circular Order No.3/2004 wherein it has been
emphatically said to select official witnesses minimum of Class-III but preferably of
Class-II and above, as the lower grade employees are many times found to have
turned hostile during the trial weakening and spoiling the merit and success of the
Trap Case. Also precautions be taken not to take witnesses from such Department
where level of corruption is high. Besides, it has to be found out that such official
witnesses, selected for Trap Cases, should have sufficient length of service (i.e.
atleast 10 years) so that trial can possibly be completed during their service period.

Briefing the Witness:

After the assemblage at the time and venue fixed, the witnesses, as
also the members of the Trap Party, should be explained about the purpose of
assemblage. The complainant should be introduced to the witnesses and also to the
members of the Trap Party. The witnesses should be encouraged to put questions to
the complainant to satisfy themselves about the genuineness of the complaint and
his signature/L.T.I. on the complaint.
Demonstration:

The process of laying of trap as also the use of Phenolphthalein

powder and its reaction with the Sodium Carbonate should be explained to the
witnesses and the complainant. This should be followed by a practical demonstration.
For this purpose, the money brought by the complainant, to be paid to the public
servant in pursuance of the latter’s demand, or willingness to accept should be
treated with Phenolphthalein powder. It should be applied lightly but uniformly to the
currency note(s) or any other article to be given as bribe. Trap Laying Officer should
ensure removal of excess powder otherwise the corrupt officials may not accept the
currency notes when lot of powder is visible to him. The excess powder must be
removed by gentle tapping and not by wiping with some cloth. A very small amount of
phenolphthalein powder would serve the purpose because of its sensitivity. One of
the two witnesses should be asked to take the said phenolphthalein treated currency
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notes in hand. A solution of Sodium Carbonate should be prepared in clean glass

tumbler. The witness, who had touched the currency notes, should be asked to wash
the fingers of his hand, with which he has touched the Government Currency Notes,
in the milky solution of Sodium Carbonate. As a consequence of washing, the milky
solution will turn pink/purple.

Phenolphthalein powder is selected for the purpose of smearing the notes for
the following reasons:

• It is colourless
• It is non sticky in nature
• It is invisible
• It can be easily and immediately detected even when present in very
small quantities (Concentration as low as 1 millionth of a gram in 100 ml
can be detected)

Phenolphthalein has the property of imparting faint pink to deep red

colour with the solution of any alkali such as sodium carbonate/Sodium bicarbonate,
lime (calcium Hydroxide) etc. in water depending upon the quantities of
phenolphthalein and strength of alkaline solution. As such the visual red colour of the
solution when obtained by washing hands of the accused who has accepted bribe
with sodium carbonate/sodium bi-carbonate solution is indicative of the fact that the
money has been touched by the accused. Use of alkalis like lime water and ammonia
should be avoided. The best solution for this purpose would be of sodium carbonate.

Residual Phenolphthalein Powder should be returned to Malkhana.

The treated G.C. notes should be handed over to the complainant with
suitable direction for giving the same to the suspected public servant.

The members of the trap party, the two witnesses and the decoy
should be briefed about the nature of signal to be given by the decoy or the shadow
witness (Accompanying witness) when the accused accepts the tainted Government
Currency Notes This should be done in the presence of the complainant and the
shadow witnesses and members of the trap party so that all could hear.

The members of the Trap Party, witnesses and the complainant

should be briefed about the individual role to be played by each of them when the
complainant approaches the suspected public servant for paying the treated
Government Currency Notes, directing them to conduct themselves in unobtrusive
manner.
Generally, no member of the team should carry any money or
valuable other than the trap money by the complainant.
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The hands of the members of the Trap Party and witnesses are to be
washed with soap and water to ensure that no particle of Phenolphthalein Powder
remains on their person.

Preparation Report (Pre-trap memo)

Preparation report (Pre-trap memo) is to be prepared, preferably

indicating the sequence of events. The T.L.O. (Trap Laying Officer) should prepare
pre-trap memo which may include the following:

(i) arrival of complainant with G.C. Notes,

(ii) arrival of independent/official witnesses,
(iii) introduction of the official witnesses with the complainant & that of the
members of the trap party,
(iv) Narration of F.I.R. status by the complaint before the official witnesses
and the trap party,
(v) questioning of the complainant by the independent witnesses,
(vi) owning of the complaint by the complainant, including that of his
signature/L.T.I. on the complaint,
(vii) production of the Government Currency Notes by the complainant to
the Trap Laying Officer & members,
(viii) recording of denomination of the Government Currency Notes and the
Government Currency Note Nos.,
(ix) demonstration of the reaction of Phenolphthalein with Sodium
Carbonate, including the name of the person who had touched the
G.C. Notes,
(x) instruction to the complainant, including the signal to be given after the
public servant accepts the tainted Government Currency Notes & also
to the members of the trap party,
(xi) name of the witness, who is to accompany the complainant,
(xii) return of the remaining phenolphthalein powder to the Malkhana of the
office,
(xiii) washing of hands by the member of the trap party, with soap including
the complainant & the witnesses,
(xiv) instruction to the complainant to give the bribe (tainted money) only on
demand and not otherwise,
(xv) carrying of the Trap Kit & a copy of Preparation Report (Pre-Trap
Memo).

It is necessary to indicate the case no., date, time & place of

preparation of the Pre-Trap Memo (commencement & completion), name &
designation of the Police officers, complainant and the witnesses. After preparing the
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Pre-trap Memo (Preparation report), signature of the (a) members of the trap party
(b) the decoy and (c) the two independent witnesses should be obtained on the
same. If the complainant/witnesses is/are not conversant with the language in which
the Preparation Report is prepared, the contents of the same must be explained in
the language known to the concerned person and endorsement to that effect should
be made on the body of the Preparation Report & signature of all concerned must
invariably be obtained on the body of the Memo.

Trap Kit

The Trap Kit should be left with one member of trap party. The Trap
Kit should contain the following:
i. Sodium Carbonate
ii. Unbreakable/impenetrable glass bottles
iii. Water
iv. Tumbler
v. Envelopes
vi. Markin (cloth)
vii. Sealing Wax
viii. Seal
ix. Pins
x. Match Box
xi. Niddle & Thread
xii. Tag
xiii. Candle
xiv. I.O.’s Rubber Stamp
xv. (a) Paper, (b) Carbons, (c) Search list, (d) Notices u/s 160 (e) 91
Cr.P.C., (f) Form - I to VI (C.B.I. Proforma)
xvi. Lap Top and printer.
xvii. Camera
xviii. Voice Recorder

Care should be taken to ensure that a copy (not original) of the

Preparation Report/Pre-Trap memo is also kept in the Trap Kit.

As far as possible, the Trap Laying Officer should carry Mobile Phone
and must also carry phone numbers of the nearest police station, SP/DSP having
jurisdiction, Police Control Room and also of his own departmental superiors.

In order to successfully lay a trap, it is essential that the complainant,

the independent witnesses and member of the trap party, act as per the briefing
given to them so that sufficient evidence is collected at the time of laying of trap itself,
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as crucial & vital evidence is collected mostly at the time of a trap and further
investigation of the trap case is basically for obtaining corroborative evidence. The
Trap Laying Officer should clearly brief the complainant regarding the way the tainted
money is to be passed on to the accused. It is important that the conversation
between the accused and the complainant at the time of laying of trap is overheard
by the independent witnesses. To be in a position to over hear the conversation,
micro tape recorder may be used. When it is necessary to use the tape recorder, it
should be ensured that the functioning of the tape recorder is properly known to the
complainant and the witnesses.

Actual Trap

The team should alight from the vehicle far ahead of the actual site of
trap. They should not move in a group, rather they should be scattered so that their
movement appears natural not suspicious. The Members of the Trap Party should
take their position in such a way that they are able to over-hear the conversations
and see the transaction of the bribe money as far as practicable. One of the
witnesses has to be earmarked as shadow witness (Accompanying witness) to over-
hear the conversation. The TLO should place himself in such a way that the
complainant and the shadow witness are visible to him and he is in a position to get
the signal from the complainant or the shadow witness early. The position taken
should be unobtrusive. After the members take respective position incognito, the
complainant should approach the public servant and initiate conversation in such a
way that demand and purpose are clearly brought out during conversation. The
witnesses as also the members of the Trap Party should try to over-hear the
conversation between the complainant and the suspect. The transaction and the
conversation, as far as practicable, should be recorded on a tape recorder. After the
transaction is over and after the signal is received, the TLO should immediately rush
to the accused, disclose his identity and challenge the accused for having demanded
and accepted the illegal gratification and his (accused's) utterances and reaction
should be observed carefully. The two hands of the accused should be caught by
wrist. If, for any reason, the arrest is to be effected by any person, other than the
T.L.O, it should be ensured that such officer should be legally competent to
investigate cases under the Prevention of Corruption Act, as arrest of accused forms
part of investigation, (alternately, he could be properly authorised by the I.O.). The
decoy/shadow witness should be asked about the demand and acceptance of the
tainted G.C notes by the accused public servant and the place where the tainted G.C
notes were kept by the accused after its acceptance. Having done this, the accused
public servant should be clearly questioned on this aspect and his explanation
should, as far as possible, be recorded in verbatim. The tainted G.C notes should be
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recovered from wherever the same is kept by accused, preferably by the shadow
witness and it should be ensured that the accused doesn't touch the tainted G.C
notes and his hands do not come into contact with the hands of the witness/person
who recovered the tainted G.C notes. These G.C notes should be counted and the
numbers be tallied with those indicated in the pre-trap memo. If after acceptance of
bribe the accused counted the same using his both hands and kept the tainted G.C
notes in the pocket of his shirt/pant/coat, the same should be clearly recorded.
Thereafter, solution of Sodium Carbonate should be prepared in clean water and the
fingers of the hand of the accused which had come in contact with the tainted G.C
notes at the time of acceptance should be dipped in the said solution. The same
should be kept in a bottle, the mouth of the bottle should be closed and wrapped in a
piece of cloth, stitched & marked. For example, if the solution is of the right hand
fingers, it should be marked as ‘R.H’; if of left hand, ‘L.H’. Separate solution should
be prepared for separate washes and those should be similarly kept in bottle,
wrapped in a piece of cloth & then stitched sealed and marked. If the tainted G.C
notes had been recovered from, say the upper left hand side shirt pocket of the
accused, the shirt should be seized and the portion in which the amount was kept
should be similarly dipped in the solution of Sodium Carbonate. Such solution should
also be similarly sealed and marked. On all such bottles containing the said solution,
signature of the complainant, two witnesses, the TLO must be obtained, with date.
Similarly, pant/shirt/coat etc. seized should also be packed, sealed duly marked &
signature of all concerned be taken. The tainted G.C. notes after recovery be seized
and kept in an envelop duly sealed and the envelop should bear the signature of
witnesses. Decoy and TLO for better identification during trial.

It may be ensured that the bottles are corked properly and sealed
around the periphery of its neck firmly. In addition, special care may be exercised to
seal the mouth of the bottle to avoid any possibility of change of wash solution
contained in the bottle by use of an injection syringe/similar devices. These bottles
may also be kept in an upward position and sent to laboratory through special
messenger, as in certain trap cases broken bottles or bottles with leaked contents
were received when sent to the forensic science laboratory through post parcels;
although the bottles were wrapped in cloth covers. Plastic containers must not be
used to avoid any possibility of transference of liquid by means of injection/ needle
syringes. It may be noted that with passage of time, the red colour of the solution
may turn into colourless solution. Therefore, every effort should be made by the I.O.
to send the trap exhibits for analysis to the Forensic Laboratory at the earliest.
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Decolourization of Solution

The pink colour of the solution collected after the washing of the
hands of the accused can disappear due to :

i) the presence of carbon di-oxide present in the atmosphere if the bottle

containing the solution is not properly sealed.

ii) water used for preparation of sodium carbonate/sodium bicarbonate was

not clean. The suggestion, therefore, is that clean tap water be used for
preparing sodium carbonate solution in the absence of distilled water.
Hand pump water, pond water and river water must not be used for
preparing any solution as those may be contaminated

iii) if the quantity of pink solution kept in the bottle is small. Care has also to
be exercised at the time of laying the trap that too much sodium carbonate
is not put in the water resulting in high concentration of sodium carbonate.
It is, therefore, suggested that a tea spoon of sodium carbonate in one
litre of water should be used for washing the hands of the accused and
the bottles should be filled up to the neck to avoid decolourisation of the
solution in the bottle due to the presence of air in it, since carbon dioxide
is one of the constituents of air.

Since the court places great reliance on the visual pink colour, its
disappearance may create doubt in the mind of the court and may complicate the
matter. It is, therefore, prudent to avoid the disappearance of colour.

Recovery of the tainted money is extremely important in trap cases.

There should be minimum delay in apprehending the accused after the bribe money
has been passed on to him. After the bribe money has been taken by the accused,
he should be kept under watch by the Trap Laying Officer and other members of
team so that he is not able to get rid of the tainted money. It is equally important to
effect recovery of the bribe money from the place of offence. Many cases are
acquitted as the place of recovery of tainted money is not the same as the place of
occurrence. This point should be kept in mind while planning the trap, if possible. The
venue of the trap should be fixed in such a manner that the necessity of immediate
removal of the accused from the spot does not arise. In case it becomes absolutely
essential to shift the accused from the spot without the recovery of the bribe money,
reasons for the same should be invariably mentioned in the Seizure List / Post Trap
Memo (Detection Report).
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Search of the venue, for documents or articles associated with the

motive or reward should be conducted instantly u/s. 165 Cr.P.C. and documents/
articles found relevant should be seized to prove the motive/reward for the demand &
acceptance of bribe. If this search is delayed, friends / associates / accomplices of
accused may try to tamper with the documents to help the accused.

As per Circular Order No.4/2000, in trap cases, S.P. is free to take

decision at his level irrespective of the status of the accused but he will please keep
D.I.G./I.G. informed at the earliest about the house search and its result, provided the
accused is of Class-II Category of above.

A detailed Memorandum called Post Trap Memo / Detection Report

should be prepared on the spot itself incorporating the sequence of events of the
proceedings. As far as possible, the conversation between the complainant and the
suspect should be recorded verbatim. In the event of change of venue, the reasons
for shifting the venue for observing the post trap proceedings must be recorded
clearly.

While preparing the Seizure list/recovery memorandum, case no. and

designation of all person(trap party, 2 independent witnesses, the decoy and the
accused) should be indicated. Similarly, the time of preparation of Detection Report
(when it was started and when completed) should also be indicated. While indicating
the sequence of events in the Detection Report, the person who challenged the
accused public servant, the utterances and reaction of the public servant, persons
who caught the two wrists of the accused and on whose direction, or orders the
accused was arrested, who counted/recovered G.C. notes, who compared the no. of
G.C. notes with those indicated in the Pre-Trap Memo, must be specifically indicated.
Numbers of the recovered G.C notes need not be written in Post Trap Memo;
Instead, endorsement indicating that number of the recovered G.C notes tallied with
the G. C notes indicated in Pre trap Memo, would suffice. Before the Post Trap
Memo (Detection Report) is completed, facsimile impression of the seal used should
also be affixed on the last page of the Memo. Besides, at least on 2 blank sheets of
paper facsimile impression of the seal should also be duly taken. The signature of all
concerned should be obtained on the Memo. It may be mentioned that signature of
the accused must not be obtained on Detection Report as the same is likely to be hit
by Section 25 of the Evidence Act. However, his signature, in token of having
received a copy of Detection Report should be obtained after a copy of the same is
actually handed over to the accused public servant. The Trap Party should invariably
conduct the house search of the accused u/s. 165 Cr.P.C after successful trap is laid.
It should be done or arranged immediately after the trap is laid.
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It may be noted that when the suspect is a lady official, it is necessary

to include lady officer(s) and/or witness in the trap party who should catch the
suspect by her wrists and take her hand and wash of wearing apparel. If the lady
suspect is trapped in a public place, it is advisable to remove her to a private place
for conducting personal search and wash of the wearing apparel etc. This fact must
be incorporated in the recovery memo/Seizure List.

At times some ticklish situations may also arise in laying of trap. For
example the suspect officer may refuse to touch the trap money and ask the decoy to
keep it at some place in his office.

(a) There are two possibilities in such cases where the suspect does not himself
touch the currency notes:

(i) He asks to the decoy about the place where the money is to be kept
or names the tout to whom it is to be given.
(ii) He conveys the place where the money is to be kept through a
gesture, like pointing towards his drawer or handing over his car keys.

(i)(a) When the suspect asks to the complainant, even though the
suspect does not touch the money; the things that go against him are: (i) his
utterances if recorded on the hidden tape recorder (ii) the witnesses may also hear
him naming the place where he asks the G.C. note is to be kept or the person to
whom it is to be given. In such cases, the complainant should also be briefed to try
and get the suspect to speak about his relationship with the place or person and elicit
his answer so that his reply gets recorded on the tape recorder. Recovery of the
money from the indicated person or place is another evidence which goes against
the suspect. Even in cases where the witnesses cannot go very near the suspect to
hear the conversation, tape recording proves to be vital evidence.

(ii)(a) In the second possibility, where the suspect only points towards
some place or passes over his car keys without saying anything, the investigators
should try to get a distinctive sound like opening, closing of the drawer or clanking of
the car keys recorded on the concealed tape recorder. In such cases, wherever
possible, the trap laying team should also wait and watch the suspect’s next move. If
after sometime, he gets up to lift the money, this is the best time to catch him red-
handed with the money in his possession. Alternatively, the concealed bribe money
can be recovered at the instance of the suspect.
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The suspect operates through a tout

Where the demand for bribe is made by a tout on behalf of the

suspect official, trap can be laid against the tout. However, in such cases, it becomes
imperative for the investigating officer to prove the link between the tout and the
suspect official to proceed against him as well. In such cases, the decoy may be
briefed to try and get the suspect and tout to talk also about their relation with each
other and this conversation is recorded on the hidden tape recorder.

When Trap party is unable to recover the bribe money

There are three possibilities in such cases:

(i) The suspect runs away with trap money;

(ii) The suspect manages to hide it;
(iii) He swallows it or destroys it.

(i) If the suspect runs away, efforts should be made to apprehend him at
the earliest and obtain his hand wash. He should be thoroughly interrogated and
money recovered from the hiding place at his instance. Such recovery is admissible
u/s 27 of Indian Evidence Act.

(ii) In the second case, if the suspect manages to hide the bribe money,
the investigators should first obtain his hand wash and interrogate him. In the
meantime, other members of the trap team should conduct thorough search of the
nearby areas to recover the trap money.

(iii) In the third case, if the investigators believe that the suspect has
swallowed the money, samples of his saliva should be immediately obtained and
sent to the notified laboratory for analysis and report about the presence of
Phenolphthalein.

(iv) However, despite all efforts if the money is not recovered, the TLO
should prepare a Memo indicating the details of the previous and subsequent
conduct of the suspect. In all such cases the happenings should be recorded
truthfully, in detail.
 144

Trap while on movement

At times transaction of bribe does not take place at a fixed spot but
while in movement. In such cases, the trap party members may not be able to see
the transaction themselves. It is, thus important to find a suitable means for the
decoy to signal the trap party following the moving vehicle as soon as the transaction
takes place. If the decoy is driving his own car, he may signal the payment of the
bribe by blinking his car headlights, taillights, varying the speed or by repeatedly
blowing the horn. However, in cases where the suspect or his driver is driving the
vehicle, the decoy may be briefed to use some code words which is picked up
through the hidden microphone by the trap party trailing the suspect’s vehicle. As
soon as the signal is received, the trap party swings into action to intercept the
moving vehicle and catch the suspect with the bribe money.

When a trap is successfully laid and the accused public servant is

caught red-handed while accepting the bribe, presumably he may be deemed to be a
habitual bribe-taker and possibly in possession of disproportionate assets. This
aspect shall be looked into and in view of such possibility of acquisition of
disproportionate assets by him, immediately after the trap (successful trap), the
house/houses of the public servant and his relatives, any other place/premises may
be searched invariably in presence of the witnesses strictly observing all the norms
and procedural formalities. All the incriminating materials / articles, such as,
documents relating to unaccounted money/various investments and transactions /
cash / jewelleries / luxury articles etc., any official files/documents revealing corrupt
activities of the public servant, found during the searches, should be seized. Lockers
in the bank, if any, be also searched.

A separate case may be instituted against the accused public servant,

if a prima facie case of disproportionate assets is made out against him basing on the
materials/articles etc. detected/recorded during the searches.

Site Plan (Spot Map)

It is essential to prepare site plan (spot map) of the place of trap.

Whenever possible, the site should also be photographed. While preparing the Site
Plan, special attention should be paid to the location of doors/ windows/ openings/
curtains and the positions taken by members of the trap party and the independent
witnesses. Place where accused demanded and accepted the tainted G.C. notes,
should be invariably indicated alongwith the position of the decoy, shadow witnesses
etc. This need not necessarily be to scale, but care should be taken to prepare the
site plan as early as possible.
 145

Form of Seizure List/Preparation Report/Detection Report

The sample Formats of the “Preparation Report”/ “Detection Report”/

“Seizure List” embodied earlier as Pages 145 to 148 of the Vigilance Police Hand
Book Part-II relating to “Trap Cases” may be referred to for guidance. Sample copies
of Preparation and Detection Report are attached for guidance.

After all the formalities are over, the accused should be brought to the
office and closely interrogated. His plea should be taken into account and verified
immediately. If circumstances warrant obtaining his specimen writing and signature /
initials, the same should be duly obtained, in the presence of independent witnesses.

Arrest of the Accused

Generally speaking, in view of the direct evidence obtained in trap

cases, the accused may be arrested and forwarded in custody. Clearance in this

regard may be taken from the authority competent to pass orders for registration of

the Criminal Cases i.e. the S.P./D.I.G./I.G./Director depending on the category of the

accused Public servant. In those trap cases, however, where there is any doubt on
the genuineness of the transaction or the situation is otherwise not conducive, arrest

and forwarding may be deferred or bail granted. (Ref. Vigilance Directorate Letter

No.9180/Vigilance dt.3.12.02).

The accused may be granted bail by the T.L.O. or he may be sent to

judicial remand or he may be brought on police remand depending on the facts of the
case. In either case, formalities of the court are to be observed. If search u/s 165

Cr.P.C. has been conducted, its intimation is required to· be sent to the court & when/

documents have been seized during such search, the court is to be prayed to allow
retention of the documents for day to day investigation. It is necessary that when the

T.L.O approaches the court, he must carry the up to date case diaries & the

documents seized during the search.

 146

Further Investigation:

It is desirable that after the trap materializes, further investigation of

the case be handed over to another I.O. In this connection Vigilance Directorate
Circular Order No.2/98 is relevant, as follows:-

In a trap case of the C.B.I. i.e. H.D. Sharma-Vrs-State Cr. L.J. 1971
Page 1620, Delhi, the investigation was adversely viewed by the High Court on the
ground that the Investigating Officer and the Police Officer who laid the trap were one
and the same person and this circumstance deprived the accused of the opportunity
to cross examine effectively the Police officer who laid the trap in the absence of
statement of such officer under section 162 Cr. P.C.

It is, therefore, decided that the officer who lays the trap should not
himself investigate the case, hence the officer who lays the trap, becomes an
important witness in the case. Therefore, it is advisable that after the trap is laid the
investigation should be entrusted to another officer by the Divisional S.P., Vigilance.
The I.O. shall of course, examine the officer who lays the trap as a witness U/s.161
Cr.P.C.
In a case, where it is not possible for another officer to take up the
investigation immediately, the officer who lays the trap may continue the
investigation, if it can not be deferred, and should hand over the investigation to other
officer as soon as the latter is entrusted with the job.

Generally, investigation of a trap case starts, after registration of FIR

u/s 7 of the PC Act, 1988. FIR u/s 7 of the PC Act can be drawn when a public
servant, as defined u/s 2(c) of the PC Act, 1988;
a. accepts, or obtains, or agrees to accept or attempts to obtain,
b. for himself or for any other person,
c. any gratification, other than legal remuneration, as
d. motive or reward
e. (i) for showing or forbearing to show favour or disfavour in official act
or
(ii) for showing or for bearing to show favour or disfavour to any
person, in exercise of his official function
or
(iii) for rendering or attempting to render any service or disservice to
any person with (a) central Government, or (b) any State
Government, or (c) Parliament, or (d) legislature of any state or (e)
with any local authority, corporation, or Government company;
 147

Thus, it would appear that facts as mentioned at (a), (b), (c) and (d)
earlier are common u/s 7 of the PC Act, but in so far as facts at para (e) are
concerned, it has to be (i) or (ii) or (iii) which indicate the purpose for which bribe was
accepted or obtained or agreed to be accepted or attempt was made to obtain.

Here, the following expressions occuring in Sec. 7 of the PC Act,

should be well understood to know exactly what these expressions actually mean;

Public Servant: Public Servant is defined u/s 2(c) of the P.C.Act.

Obtain: It connotes effort on the part of receiver. Initiative is taken by the

receiver. If, for example, some work of ‘A’ is pending with ‘B’, a public servant and ‘A’
approaches ‘B’ to expedite the work, ‘B’ asks ‘A’ to pay a certain sum of money. Here
initiative to have gratification is by '’B’. It is obtaining.

Accept: In acceptance, the initiative is by the giver, to which the person

receiving consents. In the above example of obtaining if ‘A’ in order to expedite, the
work pending with ‘B’, public servant, offers certain amount of money to which ‘B’
consents and receives the same, it is acceptance.

Gratification: The word “gratification” is not restricted to pecuniary

gratifications or to gratifications estimable in money. It implies anything capable of
giving pleasure to the senses. ( U/s 7(b).

Legal remuneration: The words “legal remuneration” are not restricted to

remuneration which a public servant can lawfully demand, but include all
remuneration which he is permitted by the Government or the organisation, which he
serves, to accept. ( U/s 7(c ).

Motive: When the work is supposed to be done after gratification is paid, then
it is motive. Thus, it refers to future act.

Reward: When the work has already been done and after that gratification is
paid as consideration for the work already done, it is reward. Thus, it refers to past
act.

Official act: Work for which bribe is paid may consist of various small works
to be done for the work to be finally done. Each of such segments required to be
done for the completion of that job, are official acts.

Function: Ultimate work for which bribe is to be given, is official function.

 148

From the perusal of Sec. 7 of the PC Act, 1988, it would appear that
following are its ingredients, hence those are to be proved during investigation.

(i) The accused was a public servant or expected to be a public servant

at the time when the offence was committed.

(ii) The accused accepted or obtained or agreed to accept or attempted

to obtain illegal gratification from some person.

(iii) for himself or for any other person.

(iv) Such gratification was not a remuneration to which the accused was
legally entitled.

(v) Such gratification was as a motive or reward for,

(a) doing or forbearing to do an official act,

or

(b) doing or forbearing to show favour or disfavour to someone in the

exercise of his official function,
or

(c) rendering or attempting to render any service or disservice to

some one with the Central or any State Government or Parliament
or the Legislature of any State, or with any local authority,
Corporation or Government company referred to in Sec. 2 Cl.(c) or
with any public servant, whether named or otherwise.

Generally, once tainted money is accepted by the accused, Sec.

13(1)(d) is added. From investigation point of view, there are differences in the
investigation of Sec. 7 and that of Sec. 13(1)(d). Even otherwise, Sec. 7 & Sec.
13(1)(d) of the PC Act, 1988 are two distinct offences, besides, others, on the
following counts:

(i) u/s 7, the minimum punishment is six months & maximum upto 5
years & fine whereas for 13(1)(d), it is minimum one year & maximum
7 years respectively.

(ii) Sec.13(1)(d) is punishable u/s 13(2) which is also punishment in

respect of other four clauses of Sec. 13(1), including Sec. 13(a), which
is Sec. 7 + habitual. Thus, a habitual of Sec. 7 has the same
punishment as that of 13(1)(d).
 149

From investigation point of view, the following are the differences

between Sec. 7 & Sec. 13(1)(d).

(i) u/s. 7, acceptance or agreement to accept or attempt to obtain are

covered whereas for Sec. 13(1)(d), it is only obtainment.

(ii) In sec. 7, it is gratification other than legal remuneration, but in Sec.

13(1)(d), it is only obtainment of valuable thing or, pecuniary
advantage. The ambit of ‘gratification’ is far wider than that of
‘valuable thing’ or ‘pecuniary advantage’

(iii) Independent evidence of motive, or reward is a must for Sec. 7,

whereas, it is not the ingredient u/s 13(1)(d).

(iv) Presumption as contained u/s 20 of the PC Act is applicable for

offence u/s 7 but it is not so in case of Sec. 13(1)(d).

In this regard the relevant Circular Order No.8/2005 is quoted below

for reference:
Trap cases – Inappropriate application of Section 13(2) r/w 13(1)(d) –
Prevention of Corruption Act 1988:

It is noticed that trap cases are invariably registered under Section

13(2) r/w 13(1)(d) P.C. Act 1988 and Section 7 of the said Act. It is needless to say
that trap is executed only after a case is registered on the specific complaint. A
careful examination of the Section 7 and Section 13 reveals that case could be
registered under Section 7 before transaction of bribe or gratification provided the
suspect public servant has agreed to accept or obtain the same for the purposes
mentioned in the said section. In fact, there is no need for a trap if the transaction is
already over prior to the lodging of the FIR unless the concerned public servant
insists to obtain more bribe. Whereas under Section 13 FIR could be lodged only
after transaction of bribe or gratification is complete. Therefore, it is clarified that in a
trap case there is no need to apply Section 13 at the FIR stage and here Section 7 is
the appropriate Section. Application of Section 13 at the FIR stage is bound to create
legal complications at the time of trial but there is absolutely no bar to add this
Section of P.C. Act while submitting charge sheet in a trap case along with Section 7.
The distinction between these two Sections must be kept in mind while handling trap
cases. Demand is not an essential ingredient of the offence under Section 7 of the
P.C. Act. Whenever the suspect official accepts the gratification/bribe, the initiative is
presumed to have been taken by the bribe giver whereas while obtaining
gratification/bribe there is an element of demand from the suspect official. In the
absence of demand if the public servant agrees to accept bribe/gratification Section 7
could be applied without hesitation. Whereas, demand is an essential ingredient of
the offence under Section 13(1)(d) as the term ‘obtain’ is retained and the term
‘accept’ excluded.
 150

It may be borne in mind that acceptance or obtainment of the tainted

G.C. notes has to be proved by the prosecution, only then the presumption, u/s 20 of
the P.C. Act shall come in to play. Merely because the tainted G.C. notes are
recovered from the possession of the accused public servant, does not, ipso facto,
prove the acceptance or obtainment. It may also be remembered that though decoy,
technically speaking, is a competent witness, but courts do not feel comfortable in
believing the sole version of the decoy.

In Om Prakash Vrs. State 1998 (4) Crimes 227, Delhi, it was held that
in a case under PC Act, evidence of the complainant is in the nature of accomplice
and it would not be safe to place reliance on his statement without corroboration.

The Guidelines on tape recording statements, contained in Circular

Order No.5/2004, is reproduced below for ready reference:

Guidelines on tape recording statements:

In its various judgment the Hon’ble Supreme Court has laid down the
following guidelines for accepting tape-recorded statements by courts.

1. The voice of the speaker must be identified by the maker of the record
or other persons recognizing his voice. Where the maker is unable to
identify the voice, strict proof will be required to determine whether or
not it was the voice of the alleged speaker.

2. The accuracy of the tape-recorded statement must be proved by the

maker of the record by satisfactory evidence direct or circumstantial.

3. Possibility of tampering with or erasure of any part of the tape-

recorded statement must be totally excluded.

4. The tape-recorded statement must be relevant.

5. The recorded cassette must be sealed and must be kept in safe or

official custody.

6. The voice of the particular speaker must be clearly audible and must
not be lost or distorted by other sounds or disturbances.

7. Tape-recorded evidence is admissible provided that the originality and

the authenticity of the tape are free from doubt. The contemporaneous
dialogue tape-recorded may form part of res gestae and it would be
admissible under Ss.6, 7 and 8 of the Evidence Act.

All Investigating and Supervising Officers may note the same and
accordingly ensure compliance while recording statements which are intended to be
used as evidence during trial.
 151

Depending on the facts of the case, documents & audio cassettes

may be required to be sent to the Forensic Science Laboratory for comparison and
opinion. The hand wash collected during the trap are necessarily sent for confirming
the presence of phenolphthalein in those solutions. Recording of the statement of the
accused, witnesses (members of the trap party, including the Trap Laying Officer),
independent witnesses, the decoy or any other witness should be done expeditiously.
Similarly, documents, if any, further required, should be seized, scrutinized & proved.

Expert Opinion

If the conversation has been tape-recorded during the verifications

stage or during the Trap, the specimen voice of the concerned person has to be
obtained in the presence of independent witnesses & the Transcript of the cassette is
to be taken and sent to the Laboratory for opinion. The sealed bottles containing
hand-wash and other exhibits should be sent to F.S.L. for Expert Opinion and
confirmation of presence of remnants of Phenolphthalein in the solution. If some
writings need expert opinion, specimen writing and admitted writing are to be
obtained & sent to the expert alongwith the questioned writings etc. for opinion.

Sanction for Prosecution

After completion of investigation, if the material at hand disclose a

strong case, charge sheet u/s. 7 and 13(2) r/w 13(1)(d) of the Prevention of
Corruption Act is to be filed. If at the time of submission of the charge sheet, the
accused public servant is still in service, sanction for the prosecution is to be
obtained from the competent authority as the same would be mandatory as per
Section 19 of the PC Act. While obtaining the sanction to prosecute the accused, it
should be noted that sanction is valid only when it passes the two tests, viz.,

(i) It has been granted by competent authority, which means that the
authority which granted it was competent to remove the accused from
service.
&

(ii) The competent authority while granting the sanction had applied its
mind.

Mutatis Mutandis, reverse trap U/s. 12 of the P.C. Act and trap of the
tout is done similarly. Since the bribe to be paid in the case of reverse trap is with the
abettor, the GC Notes are obviously with him, hence there is no question of treating
the same with phenolphthalein powder.
 152

It may be noted that even if the tout or abettor of trap (u/s. 12 of the
P.C. Act) is also a public servant and remains to be so at the time of filing of the
charge sheet or when cognizance is taken, sanction for prosecution under the P.C.
Act is not required as the sanction U/s. 19 of P.C. Act is required only in respect of
Section 7, 10, 11, 13 & 15 of the P.C. Act.

After the receipt of the sanction for prosecution, charge sheet is to be

filed in the competent Court i.e. the concerned Chief Judicial Magistrate. The Spl.
Judge is empowered to try the PC Act cases.

With regard to laying of traps and investigation of trap cases, it is also

to be pointed out here that instructions/orders/important guidelines relating to “Trap
Cases” issued from the Vigilance Directorate from time to time in Vigilance
Directorate Circular Order Nos. 3/96, 2/98, 1/2001, 1/2004, 3/2004, 5/2004, 6/2005,
8/2005, may be studied/gone through very carefully to ensure a flawless and
successful laying of trap and investigation thereof and to guard against any possible
discrepancies, omissions, infirmities, procedural mistakes etc. in the matter of laying
traps and investigation of trap cases.

Reimbursement of Trap Money

Ref: Resolution N.7182/V.CO(RA) dt.10.12.2008 & Circular Order

No.1/2004.

The review of the present practice of the complainants providing the

money towards bait for trapping corrupt public servants and waiting for its refund till
disposal of the case by the Court has been under the consideration of the
Government for some time past.

After careful consideration, Government have been pleased to decide

that an amount equivalent to the money paid by the complainant or informant shall,
on application, be refunded to him by or under the orders of the Director-cum-I.G. of
Police, Vigilance, Orissa and an acknowledgment of refund obtained from him in the
form prescribed (Annexure-A).

Government have been further pleased to decide that Director-cum-

I.G. of Police, Vigilance shall be competent to make provision in the budget every
year under the appropriate head of account viz. Demand No.-2-2070-0AS-104-Vig.-
0308-Dist. Estt.78113-Trap Money and to credit an equivalent amount under the
said head of account on realisation from the Court.
 153

This order was issued with the concurrence of the Finance

Department vide their U.O.I. No.2002-AS(M) dated 2.9.98 read with U.O.I.No.4398
PSF. dated 16.11.98.

As per the Resolution referred to above(copy enclosed), the Director,

Vigilance has been empowered to reimburse the trap money by making provision for
it in the budget every year and credit equivalent amount under the appropriate head
of account on realization from the Court after disposal of the connected case.

In a charge sheeted case the Court decides as to who should receive

the seized amount and the same is reflected in the judgement whereas in a final
report case after its acceptance the court passes order as to disposal of the seized
amount. The objective of this circular is to ensure that the trap money is not given to
the complainant who on his representation has received the amount by way of
reimbursement from the concerned S.P. of the Division in accordance with the
Resolution cited above. In order to avoid double payment, it is therefore, necessary
while reimbursing the amount an undertaking in triplicate in the enclosed proforma
(Annexure A&B) be obtained from him and the fact thereof be mentioned clearly in
the case records and in the CDs. One copy should be retained in the S.P’s office in
the crime section, one be sent to the P.I. office for record and the 3rd one to Special
P.P. for future reference and necessary action. After final reports are accepted, the
P.I. will make prayer to the Court to release the trap money in favour of Government
and if required, copy of this undertaking will be submitted to the court. The
Prosecuting Inspector will receive the money on behalf of the S.P. and handover the
same to the Divisional office. In the cases taken up for trial, Special Public
Prosecutor will mention to the Court about reimbursement to the complainant and
pray for release of the amount in favour of Government. On receipt of the amount in
the Divisional Office, the same should be deposited in the treasury under the
appropriate head as per the Resolution No.7182/V.CO. dated 10.12.1998. Copies of
all these papers including treasury challan should be kept in the connected file in the
Divisional Office.
 154

ANNEXURE – A

FORM OF ACKNOWLEDGEMENT

1, Sri ___________________________________________ hereby

acknowledge to have received from ___________ a sum of Rs. _____________
________________(in words) only being the amount paid by me in Trap Case No.
________ 19 ________ against Sri/ Smt./ Ku
______________________________________________________________
(Designation / Department / Name of Office / District in the presence of (1)
Sri ________________________________(witness) from S.P., Vigilance
________________ Division, _________________.

Full signature of complainant

with date and address

ANNEXURE – B
To
______________________ Court.

Sub: Authority to release the Trap Money in case No. _________ to

Government _____________________ .
Sir,
I do agree that I shall not hereafter claim from the Government, G.A.
(Vigilance) Department the Trap money in the aforementioned case on any ground
whatsoever and Government shall be entitled to receive, collect and appropriate to
itself the Trap money deposited by me in your Court in connection with the aforesaid
case.
2. I, therefore, request that as and when the Court passes any order for
refund of the said trap money, the same may please be released in favour of
Government and for that, purpose I hereby authorize government to receive, collect
and appropriate to itself the ‘said trap money.
Yours faithfully,

(Complainant/ Decoy)
 155

SAMPLE PREPARATION REPORT

Ref: …………….. Vigilance P.S. case No. Dt. u/s 7 P.C. Act, 1988.

Name and address of official witnesses present :

1. Sri Pravat Ranjan Singh,

S/o Makhan Kumar Singh,
of Vill: Gopala Sagar, P.S./Dist:Jagatsinghpur
At/Pr. Multi Purpose Health Worker (M), O/o C.D.M.O., Cuttack.

2. Sri Rajendra Kumar Das,

S/o Late Sadasiba Das,
Of P.S. Banki, Dist: Cuttack
At/Pr. Multi Purpose Health Worker (M), O/o C.D.M.O., Cuttack.

Officers present :

1. Sri B.K. Patnaik, DSP(V), C.D., Cuttack.

2. Sri Maheswar Sethi, Inspector, Vigilance, C.D., Cuttack.
3. Sri Samir Kumar Nayak, A.S.I., Vigilance, C.D., Cuttack.
4. Sri Pratyush Kumar Mohanty, Constable, Vigilance, C.D., Cuttack.
5. Sri Pradeep Kumar Jena, Constable, Vigilance, C.D., Cuttack.
6. Sri Sarada Prasanna Samanta, Constable, Vigilance, C.D., Cuttack.

Name and address of complainant :

Sri Prasanta Kumar Panigrahi,

S/o Sasibhusan Panigrahi,
of Raghunathjew Lane, Telengabazar, P.S. Purighat, Cuttack.

Today i.e. on 18.3.08 at 2.30 P.M., the above officers and men
assembled in the office room of Deputy Superintendent of Police, Vigilance, Cuttack
Division, Cuttack. They were introduced to the Complainant Sri Prasanta Kumar
Panigrahi and so also the Complainant was introduced to the other members of team
and official witnesses. The purpose of the assembly was explained by me to all the
members and the written complaint dt. 18.3.08 of the complainant Sri Prasanta
Kumar Panigrahi which has been treated as F.I.R. in the case under reference was
read out. Thereafter, the complainant narrated his allegation to the effect that he has
a gift and toys shop at Pithapur namely Kalpana Agency. In the year 2002-03 there
was a Sales Tax raid at his shop and the Sales Tax assessment of Rs.4,769/- was
done against which he has appealed to the Assistant Commissioner, Commercial
Tax (Appeal) on 18.12.06. The Sales Tax Officers had assessed and demanded
Rs.1,07,163/- which was also given by the complainant. At the time of filing of Sales
Tax return it came to light that the actual demand is Rs.79,247/- and a sum of
Rs.27,916/- in excess has been given by the complainant. In order to get back this
 156

extra amount of Rs.27,916/- he has gone to the office of Asst. Commissioner,

Commercial Tax (Appeal) near about 25 times who after perusing the files and
returns had consoled him who pass order for return of the excess money. Today i.e.
on 18.3.08 he met the Assistant Commissioner Commercial Tax (Appeal) in his office
room who demanded Rs.5,000/- to pass order for return of the extra amount of
Rs.27,916/-. When the complainant disclosed his inability to pay such huge amount,
the Asst. Commissioner told him that Rs.2,000/- will be given to him today for
passing the orders and after the orders, the rest amount of Rs.3,000/- will be given to
him. As the complainant had no way out and he has been running to the office from
18.12.06 to till date he was compelled to the illegal demand of Asst. Commissioner of
Commercial Tax (Appeal) namely Purusottam Singh against his will and conscience
and reported the matter to S.P., Vigilance, Cuttack Division, Cuttack for necessary
legal action. So saying the complainant Sri Prasanta Kumar Panigrahi produced
Rs.2,000/- which he had brought with him to pay to the accused Sri Singh as bribe.
The numbers and denominations of the bribe notes are as follows :

1. One Five hundred Rupees G.C. Note bearing No. 7BP262312

2. One Five hundred Rupees G.C. Note bearing No. 5CA718227
3. One Five hundred Rupees G.C. Note bearing No. 9CQ797883
4. One Five hundred Rupees G.C. Note bearing No. 2HA375464

As it was decided to lay a trap by using Phenolphthalein powder a

demonstration was shown to the witnesses and the Complainant to show the reaction
of Phenolphthalein Powder in Sodium Carbonate Solution in water. C/Sarada
Prasanna Samanta showed the demonstration. Sodium Carbonate Solution was
prepared by Sri Samanta in a clean glass bottle and poured some solution in a clean
aluminum mug. Thereafter, Sri Samanta dipped the fingers of his both hands in the
said solution. There was no change in the colour. Then he treated the above noted
tainted notes with Phenolphthalein powder and kept the notes in a white envelope
after treating the envelope in Phenolphthalein powder and handed over the envelope
containing the bribe notes to the Complainant with instruction to give to the accused
on demand only. Then he dipped his finger of both hands into Sodium Carbonate
Solution which turned to pink in colour. The said pink coloured solution was
preserved in a cleaned and dry glass bottle duly labeled, sealed and signed by
witnesses and marked as Ext. A. Constable who handled the chemicals was asked
to stay at Division office and in his place Constable P.K.Jena was asked to
 157

accompany the trap party members with brass seal of S.P., Vigilance, Cuttack
Division, Cuttack whih was used in sealing the Ext. A., empty bottles, Sodium
Carbonate Solutions and the sealing materials. The witnesses were also confirmed
about the genuineness of the complaint by putting different queries to the
Complainant Sri Panigrahi.

After demonstration all the members of the Trap Party including the
witnesses and Complainant washed their hands with soap and water to ensure that
no particle of Phenolphthalein powder is sticking to their hands.

Sri Rajendra Kumar Das was selected to act as accompanying

witness. He was instructed to accompany with the Complainant to the spot, overhear
the conversation between the complainant and accused and relay the signal by
rubbing his forehead soon after the transaction is over.

Sri Pravat Ranjan Singh was instructed to remain with the Trap Party
members and to act as independent witness. The preparation report was read over
and explained in Oriya to all the members of the Trap Party and complainant who put
their signatures after being satisfied that the same has been correctly prepared. The
Preparation Report was concluded at 3.30 P.M. on today i.e. on 18.3.2008. A copy of
the Preparation Report was handed over to the Independent witness Sri Singh with
instruction to keep it with him for comparison of the numbers and denominations of
the bribe notes when detected and recovered at the spot.

Sd/-
DSP, Vigilance, C.D., Cuttack.

Sd/- Sd/- Sd/-

(Official Witness) ( Official Witness) ( Complainant )

Sd/- Sd/- Sd/-

(Inspector, Vigilance) ( Inspector, Vigilance) ( Constable )
 158

SAMPLE DETECTION REPORT

Ref: …………. Vigilance P.S. Case No. ……. dt. ……….. 7 P.C.Act.1988.

Name of the Officers present

1. Sri B.K. Patnaik, DSP (V) C.D., Cuttack.

2. Sri Maheswar Sethi, Inspector (V) ,CD, Cuttack
3. Sri Sameer Kumar Nayak, ASI (V) CD, Cuttack
4. Sri Pratyush Kumar Mohanty, Constable, (V) CD, Cuttack
5. Sri Pradeep Kumar Jena, Constable, (V), CD, Cuttack.
Name and address of Witnesses

1. Sri Pravat Ranjan Singh.

S/o Makhan Kumar Singh.
of Vill-Gopala Sagar, PS/ Dist-Jagatsinghpur,
At/Pr-Multi purpose Health Worker (M) O/o CDMO, Cuttack.

2. Sri Rajendra Kumar Das,

S/o Late Sadasiba Das,
of PS-Banki, Dist-Cuttack
At/Pr-Multi purpose Health Worker (M) O/o CDMO, Cuttack.
Name and address of Complainant

Sri Prasanta Kumar Panigrahi,

S/o Sasibhusan Panigrahi,
of Raghunathjew Lane, Telenga Bazar, PS-Purighat, Cuttack

Name of the accused

Sri Purusottam Singh,

S/o Chandra Mohan Singh,
Vill-Patharaduna, PS-Nilagiri, Dist-Balasore.
At/Pr- Assistant Commissioner Commercial Tax (Appeal), OMP Square, Cuttack.

After completion of the Preparation memorandum at Vigilance Division

Office, Cuttack to-day i.e. on 18.3.2008 at 3.30 PM, the Vigilance party alongwith
official witnesses and the Complainant as noted above proceeded to the office of
Assistant Commissioner Commercial Tax (Appeal) located at OMP square, Cuttack
in the Division vehicle. As per the plan the Vigilance Party reached at OMP Square at
3.45 PM. To avoid exposure of the Vigilance party near the Commercial Tax Office,
the vehicle was parked under the over-bridge of OMP Square. The Complainant and
the Overhearing witness Sri Rajendra Kumar Das proceeded to the office of
Assistant Commissioner Commercial Tax (Appeal) and the other members followed
them at a reasonable distance without any obstruction of vision. The office area was
found busy as there was so many office staff and outsiders congregated in front of
the entrance where Tea stalls and betel shops have been opened. The Assistant
Commissioner of Commercial Tax office is located inside OSFC building at OMP
 159

Square where the other offices are also functioning on rent. The office room of Sri
Purusottam Singh, Asst. Commissioner Commercial Tax (Appeal) is located in the
second floor of the building towards the extreme west. The Complainant and the
overhearing witness went near the office chamber of Sri Singh and the other Trap
party members occupied their positions near the office room of Sri Singh on the
veranda and also near the Tea stall by mingling with the outsiders waiting for the pre-
signal from the Overhearing witness. Since the room of Asst. Commissioner is
located at the 2nd floor and towards extreme west very close to the western side
window the overhearing witness was clearly visible to the trap party members who
were loitering here and there inside the office campus. At 5.30 AM, after hearing the
discussion between the Complainant and the accused Sri Singh and seeing the
transaction, the Overhearing witness relayed the signal to members of the party who
immediately rushed near the office chamber of Sri Singh and surrounded him. Seeing
so many persons the Asst. Commissioner, Sri Singh became nervous. On entering
inside the officer room it was seen that the Complainant was sitting in front of Sri
Singh facing towards the entrance door of the room on the opposite side of the table
and Sri Singh was found busy with writing in a file. On our arrival the Complainant Sri
Panigrahi disclosed that the person who is sitting in front of him is the Asst.
Commissioner Commercial Tax (Appeal) Sri Purusottam Singh and just few minutes
before Sri Singh has demanded and accepted Rs.2000/- from him which has been
kept on the table under the file. I disclosed my identity and the identities of other
members of the party and challenged Sri Singh for demanding and accepting bribe of
Rs.2000/- from the Complainant. The Asst. Commissioner Sri Singh fumbled and
admitted to have received Rs.2000/- from the Complainant Sri Panigrahi. Since the
Asst. Commissioner, Sri Singh had demanded and accepted the bribe notes, his
right hand wash was taken in Sodium Carbonate solution which turned to pink in
colour and this pink coloured solution was collected and preserved in a clean dry
glass bottle duly labeled, sealed and signed by the witnesses and marked as M.O.
“B”. Thereafter, the left hand wash was taken in Sodium Carbonate solution which
did not produce any colour and this hand wash solution was collected and preserved
in a separate clean dry glass bottle duly labeled, sealed and signed by the witnesses
and marked as M.O. “C”. Both these M.Os were seized in presence of witnesses
under proper seizure list and as the right hand wash gave positive chemical reaction
it was proved that Sri Singh had accepted the envelope containing bribe notes by
using his right hand. On being asked, Sri Singh disclosed that the envelope
containing the bribe notes are under the file which was found opened and Sri Singh
was busy in writing something in the Note sheet. The independent witness Sri Pravat
 160

Ranjan Singh on request brought out the envelope containing bribe notes, counted &
compared the numbers and denominations of the tainted money with that of the copy
of the Preparation Report retained with him earlier and declared tallied. The numbers
and denominations of the bribe notes are as follows:-

1. One Five Rupees G.C. Note bearing No. 7BP262312

2 do 5CA718227
3 do 9CQ79783.
4. do 2HA375464

Thereafter the bribe money of Rs.2000/- and the envelope were

seized under proper seizure list. Then the cotton wash of the backside of the file
under which the envelope was kept was taken in Sodium Carbonate solution which
turned to pink in colour. This pink coloured solution was collected & preserved in a
separate clean dry glass bottle duly labeled, sealed and signed by the witnesses and
marked as M.O. “D”. The cotton wash of the table glass on which the envelope was
there was taken in sodium carbonate solution which also turned to pink in colour and
this pink coloured solution was collected & preserved in a clean dry glass bottle duly
labeled, sealed and signed by the witnesses and marked as M.O “E”. All these MOs
i.e. M.O. “D”, “E” were seized under proper seizure list in presence of witnesses.

The Asst. Commissioner, Sri Singh on being asked, furnished his

name and address as Sri Purusottam Singh, S/o Chandra Mohan Singh, Vill-
Patharaduna, PS-Nilagiri, Dist-Balasore., At/Pr- Assistant Commissioner Commercial
Tax (Appeal), OMP Square, Cuttack and he is staying at L-43 of Baramunda
Housing Colony at Bhubaneswar from where he is making to and fro journey from
Bhubaneswar to Cuttack. He entered into Government Service as OFS on 1.3.86 and
he is continuing as Asst. Commissioner, Commercial Tax (Appeal) Range-I, Cuttack
from 8.5.06 to till date. He was born on 20.2.1959.

The personal search of the Asst. Commissioner, Sri Singh was taken
and a sum of Rs.885/- was found in his possession having different denominations of
notes and coins. This cash of Rs.885/- was seized under proper seizure list and
being questioned Sri Singh stated that these are his personal money and he had
brought it with him to meet his current expenses. However, this was left in zima of Sri
Singh and a zima nama was executed in this connection.
 161

Verification of the file in which the accused was found busy at the time
of detection was perused. The file bears No. AA 204/ CU 1W (Cuttack 1 West) / 06-
07 of M/s Kalpana Agencies, Jhola Sahi, Cuttack having registration No. CU 1 W-
3533. A sum of Rs.4769/- has been assessed for the year 2002-03 u/s 12 (4) of OST
Act. Scrutiny of the file revealed that it relates to Appeal case of the Complainant and
it was transpired that on 1.9.06 Prasanta Kumar Panigrahi, Proprietor of M/s Kalpana
Agencies having registration No. CU 1 W-3533 had filed an appeal before the ACCT,
Cuttack Range-I against the assessment order of Sales Tax Officer, Cuttack-I , West
Circle, Cuttack Ward-C. The contents of the appeal of Sri Panigrahi was not only for
stay of excess demand raised by the assessing authority but also to refund the
excess tax deposited by him @ 16% in stead of 12%. Sri Purusottam Singh, ACCT
on receipt of the application has ordered for issue of notice to the party fixing the date
to 28.9.06. On 28.9.06 Sri Singh has passed order on the Note sheet of the file for
depositing of Rs.2,000/- by the party after which the order of realization of balance
amount of tax will be stayed and in this connection an order under the signature of
Sri Singh has been issued to the party vide letter No.AA204/CU 1 W /2006-
07/10235/CT dtd:4.10.06 with a copy to S.T.O. Cuttack-I West Circle and applicant in
the next memo. The order has duly been acknowledged by Sri Panigrahi on 7.10.06.
Pursuant to the orders the applicant has produced the statement of accounts
together with the extract of relevant rules (supporting the actual tax rate of the
mercantile goods is dealing with) through his Advocate on 18.12.06. The same has
been accepted by the accused. The said supporting documents produced by Sri
Panigrahi are available in the file of the accused without any order till date i.e. a
period of one year and three months which clearly indicates the motive of the
accused ACCT Sri Singh.

Today after receiving the bribe the accused ACCT Sri Singh has
prepared the note sheet which was found incomplete. The preliminary writing in
respect of the date on the Note sheet was 18.12.06 which has been subsequently
overwritten in green ink as 28.12.07 and in the concluding para of the incomplete
Note sheet (either anti dated or written today) revealed that he has accepted the
contents of the applicant which clearly proved his malafied intention behind the fact in
issue. The accused also admitted that the Note sheet bears his handwriting which
has not yet been completed. However, this file was seized from the possession of
accused ACCT Sri Singh in presence of witnesses.
 162

The copy of the Preparation Report which was retained with the
witness Sri Pravat Ranjan Singh and was used in comparing the numbers and
denominations of the bribe money was produced by the witness Sri Singh and this
copy was seized under proper seizure list and a certificate in this connection has
been given.

The facsimile seal of S.P. Vigilance, C.D., Cuttack which was used in
sealing all the M.Os was taken in a piece of white paper and a certificate to that
effect has been given by the witness Sri Singh and this brass seal has been handed
over to him to keep in safe custody for production before the Court or any legal
authorities as and when required.

The room where the accused Sri Singh was sitting was verified in
presence of witnesses and no further incriminating article/ document could be
recovered either from his office table or from his office almirah.

The Complainant Sri Prasanta Kumar Panigrahi on being asked

corroborated the FIR story. He further stated that as per plan he accompanied the
Vigilance Party to the spot. According to the direction he proceeded to the office of
ACCT Sri Singh followed by the Overhearing witness Sri Rajendra Kumar Das. He
after entering inside the room wished the ACCT Sri Singh and requested him to pass
orders for return of the extra amount of Rs.27,916/-. As there was another dealer
present inside the office chamber of Sri Singh the latter directed him to come after
half an hour and accordingly he came out of the room and again went inside at about
5 PM. The ACCT Sri Singh demanded him to give Rs.2,000/- in a cover for passing
the order and according to the demand he gave it who received the same in his right
hand and kept it under the file. While processing the file the Overhearing witness
Sri Das who was standing by the side of the entrance door of the room and has
seen the transaction, relayed the information to the other members of the party who
immediately rushed inside and caught the ACCT Sri Singh red handed. Thereafter
the Vigilance people also took follow up actions in his presence.

The Overhearing witness Sri Rajendra Kumar Das on examination

stated that as per the plan he had accompanied the Complainant Sri Prasanta Kumar
Panigrahi to OSFC building where the Commercial Tax office is functioning at OMP
Square, Cuttack and after arriving inside the office he took his position by the side of
the door of the chamber of ACCT Sri Purusottam Singh. The ACCT Sri Singh was
present inside the office in his seat and was busy in dealing with another dealer of
the town. When the Complainant entered inside the ACCT directed him to come
after half an hour and accordingly the Complainant left the room. At about 5 Pm
again the Complaiant entered inside and the ACCT accepted the envelope
 163

containing the bribe notes as per the demand in his right hand and kept it under a
file. He has seen the transaction through the narrow way between the door and the
door frame and relayed the signal to the other members of the party. The Vigilance
Party who were in a very close proximity immediately rushed inside the room and
surrounded the ACCT giving no scope for escape. Then the Vigilance team took the
hand wash of both the hands recovered the bribe money, seized the file and took
follow up actions.

The ACCT, Sri Purusottam Singh on examination admitted that he has

received the envelope containing Rs.2000/- from Sri Panigrahi and took the plea that
the work of the Complainant Sri Panigrahi was not materialized since Sri Panigrahi
had not submitted the supporting documents in favour of his claim. When he was
asked that in the concluding Para of the incomplete Note sheet he has accepted the
contents but the same was kept pending only for bribe he remained silent.

It is worth to mention here that when the ACCT Sri Singh was caught
red handed by Vigilance so many office staff as well as outsiders congregated near
the entrance of the building and anticipating law and order problem resulting breach
of peace inside the office, we shifted to Vigilance Division Office where the post trap
memorandum was prepared after taking preliminary steps like hand wash, seizure
and search etc.

The Detection Report was concluded at 10.30 PM and it was read

over and explained to all the members of the party who finding the same to have
been correctly prepared put their signatures and a copy of the detection report was
handed over to the ACCT Sri Purusottam Singh who received it under proper
acknowledgement.
Sd/-
DSP Vigilance, CD, Cuttack

Sd/- Sd/- Sd/-

(Official Witness) ( Official Witness) ( Complainant )

Sd/- Sd/- Sd/-

(Inspector, Vigilance) ( Inspector, Vigilance) ( Inspector, Vigilance )

Received copy

Sd/-
Trapped Officer.

***
 164

CHAPTER –X
Registration & Investigation of DA Case

Many public servants who are habitually corrupt but are also shrewd
and clever enough, not to leave any proof of their corrupt activities in the matters
dealt with by them in their official capacity. However, in course of time, the ill got and
bribe money which are habitually obtained by them by doing any official act and in
the exercise of their official functions, lead to accumulation and possession of vast
disproportionate assets by them beyond their known sources of income.

Such accumulation and possession of disproportionate assets by the

public servants amount to commission of the offence of “criminal misconduct” by a
public servant as defined in section 13(1)(e) of the Prevention of Corruption Act,
1988 which is punishable U/s.13(2) of the said Act [Sections 5(1)(e)/5(2) of the
P.C.Act 1947]. For better appreciation and to know the implications of the relevant
provisions of the Section 13(1)(e)/13(2) of the P.C. Act, 1988 and the applications
thereof, the legal analysis of the same is given below:

Section-13(1): Criminal misconduct by a Public servant. A Public servant is

said to commit the offence of “Criminal misconduct”: a,b,c,d

XXXXXXXXX
Section – 13(1)(e):
If he or any person on his behalf, is in possession or has, at
any time during the period of his office, been in possession for
which the public servant cannot satisfactorily account for, of
pecuniary resources or property disproportionate to his known
sources of income.

Explanation – For the purposes of this section, “known sources of income”

means income received from any lawful source and such receipt has been intimated
in accordance with the provisions of any law, rules or orders for the time being
applicable to a public servant.
 165

Section – 13(2) read with Sec.13 (1)(e) of the P.C.Act, 1988:

Any public servant who commits criminal misconduct shall be

punishable with imprisonment for a term which shall be not less than one year but
which may extend to seven years and shall also be liable to fine.
Second Proviso to see 17 of the Act stipulates as follows :

“Provided further that an offence referred to in Clause (e) of sub-

section (1) of Section 13 shall not be investigated without the order of a Police officer

not below the rank of a Superintendent of Police.” It is a special requirement

provided in – second proviso to see 17 (c) of the P.C. Act 1988, despite the fact that

the Vigilance Officers of and above the rank of Inspector of Police of our State have
been vested with the power and authorized to investigate into all the offences under

the Prevention of Corruption Act 1988 including the offence for possession of assets

by the public servant disproportionate to his known sources of income.”

However, since it is a mandatory and legal requirement under the

second proviso to section 17(c) of the P.C. Act, 1988, the concerned
Superintendents of Police of the Vigilance Divisions are required to apply their mind

before treating the written report as F.I.R. and authorising the I.O. to investigate the

offence. Accordingly they should, without any deviation and failure, issue a specific

order in writing to the Investigating Officer to that effect indicating therein about due

application of their mind on the report while treating the same as F.I.R. and ordering

for registration and investigation of such case (D.A. case). At the time of change of

the Investigating Officer, if any, further order with cogent grounds to that effect has to

be issued by the S.P. also for investigating the said case. In this regard the relevant

guidelines and some of the important observations of the Hon’ble Supreme Court on
the subject are quoted below for reference, guidance and action accordingly.

A sample format indicating the nature of orders/endorsement of the

S.P., Vigilance of the Division/Cell at the time of registration of the D.A. Case is also

furnished below for reference and guidance.

 166

Sample Format showing the nature of endorsement/orders of the Vigilance

Divisional S.P./S.P., Vigilance Cell as required U/s.17(c) of the P.C. Act, 1988 for
registration of D.A. case U/s.13(2)/13(1)(e) P.C. Act, 1988.

Whereas after due application of mind on the report submitted by

Sri……………………, time & Date it has been made to appear to me that
Sri……………… (name and address of the accused) is in possession of assets to the
tune of Rs…………… which he has allegedly acquired during his service period
from___________ to ________ which appears to be disproportionate to his known
sources of income and which he could not satisfactorily account for.

As such the report is treated as F.I.R. and ______ Vigilance P.S.

Case No._____ dtd.__________ U/s. 13(2) r/w 13(1)(e) P.C. Act, 1988 is registered
“A” for investigation.
In exercise of the powers conferred on me U/s.17(c) of P.C. Act, 1988,
I, Sri……………………….., S.P., Vigilance of……………Division, authorize
Sri……………………………(Name/Designation/Address of the Vigilance Investigating
Officer) to investigate into the said case.
Supdt.of Police, Vigilance
……………….. Division.
Time & Date
N.B.: In case of change of I.O. of the case, another endorsement of the concerned
S.P. is to be made afresh authorising the new I.O. to investigate the case
accordingly.

If the case relates to Vigilance Cell of Vigilance Directorate, the

endorsement at the portions marked – “A” in the Sample Format be made by the
S.P., Vigilance, Cell as indicated below – keeping the 1st para unchanged.

As such, the report sent herewith is to be treated as FIR and a Case is

to be registered U/s.13(1)(e)/13(2) of the P.C. Act, 1988 against Sri
………………………… (Name/Designation/Address of the public servant) and the
said case is to be investigated by Sri………………………….
(Name/Designation/Address of the Investigating Officer of the Vigilance Cell).

And, in exercise of the powers conferred on me U/s.17(c) of the P.C.

Act, 1988, I Sri…………………………….., S.P., Vigilance, Cell, Vigilance Directorate,
authorize Sri……………………………………(Name/Designation/Address of the
Investigating Officer of Vigilance, Cell) to investigate the said case.

S.P., Vigilance, Cell,

Vigilance Directorate, Orissa,
Cuttack Time and Date
 167

Authorisation by the S.P. to investigate in D.A. Cases:

Second proviso to Section 17(c) reads as follows – “Provided that an

offence referred to in clause (e) of sub-section (1) of Section 13 shall not be
investigated without the order of a police officer not below the rank of a
Superintendent of Police”

According to Section 17(c) 2nd proviso of the P.C. Act 1988,

Superintendent of Police, Vigilance of the Division or Vigilance Cell is required to
authorize the I.O. by an order in writing to investigate the offence U/s.13 (1)(e) and
every such authorization is also necessary in case if the I.O. is changed in the midst
of the investigation and such order is also required to be proved by the prosecution in
view of the decision of the Hon’ble Supreme Court reported in 2006(35) OCR 318
(SC) (State Vs. Surya Sankaram Kurri). In the reported decision, it was found that the
evidence of the I.O. showed that though he had received specific authorization from
the Superintendent of Police to investigate, he did not produce the said order in the
learned trial Court. It was observed by the Hon’ble Supreme Court, in the said
decision that “When a statutory functionary passes an order, that too authorising a
person to carry out a public function like investigation in to an offence, an order in
writing was required to be passed.”

Further the Superintendent of Police is required to apply his mind

before treating the written report as FIR and authorising the I.O. to investigate the
offence. Mere formality to write “OIC to register a case and so and so officer is
directed to investigate the offence is held to be not sufficient compliance to the
mandate of the requirement of 2nd proviso to Section 17(c) according to the
decision of the Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan
Lal & Ors. reported in 1992(1) Suppl. SCC 335. In this decision, the S.P. had made
the endorsement as follows – “Please register a case and investigate”. For this
matter, it was held that there was no application of mind by the S.P. and accordingly
the proceeding was quashed.

However, in another decision of the Hon’ble Supreme Court, a liberal

proposition has been formulated in interpreting the language of the Superintendent of
Police who had passed the order of authorization as follows:-
 168

“In exercise of powers conferred by the provisions on me, under

Section 17 of the Prevention of Corruption Act, 1988, I P.K.RUNWAL,
Superintendent of Police, Special Police Establishment, Division-I, Lokayukta
Karyalay, Gwalior Division, Gwalior (M.P.), authorized Shri D.S. Rana Insp-(Spe)
Lak-Gwl (M.P.) to investigate Crime No.103/92 under section 13 (1)(e) of the
Prevention of Corruption Act, 1988 against Shri Ram Singh-D.O. Excise Betul (M.P.)”

“Section-17, 13(1)(e), 13(2) – order clearly indicates name of accused,

number of FIR, nature of offence, and power of Superintendent of Police permitting
him to investigate – Time between registration of FIR and authorization in terms of
second proviso to Section 17 shows further application of mind and circumstances
which weighed with Superintendent of Police to direct authorization to order
investigation – impugned judgment of High Court set aside.”

[State of M.P. Vs. Sri Ram Singh – 2000(1) OLR 276 (SC): 2000(1) Crimes 245(SC):
2000(1) CCR 167 (SC): AIR 2000 SC 870]

Disproportionate Asset Case

While dealing with various relevant points of investigation of

Disproportionate Assets Cases it has to be borne in mind that for the Investigating
Officer, a case of disproportionate assets is the most difficult case to investigate and
as such, it has to be dealt with and investigated into with due diligence, and
meticulous care at every stage of investigation till its completion for substantiating
and proving the offence successfully against the concerned corrupt public servant.

In the P.C. Act, 1947, the possession of disproportionate assets by the

public servant was not a substantive offence by itself and the accused public servant
could not be convicted for the possession of disproportionate assets. Therefore, the
possession of disproportionate assets was only a rule of evidence which could only
lead to a presumption and not an offence by itself as per Sub-section 5(3) of the old
Act, 1947, till the amendment made therein in 1964 on the basis of the report of the
Santhanam Committee submitted on 31st March, 1964 in which it was recommended
that the possession of disproportionate assets by a public servant should be made a
substantive offence by itself. In pursuance of this recommendation, Anti-corruption
Laws (Amendment) Act, 1964 was passed deleting Sub-section 3 of Sec. 5 from the
Act and adding a new Sub-section (e) to Section 5(1) of the P.C. Act, 1947 which
came into force with effect from 18th December, 1964 and consequently, the
possession of disproportionate assets by a Public servant became a substantive
 169

offence with effect from that date. In the new P.C. Act, 1988, the possession of
disproportionate assets by a public servant or by any person on his behalf has been
defined as a “criminal misconduct” by a Public servant and as a substantive offence
under section 13(1)(e), which is punishable U/s.13(2) of the said Act. It has come
into force with effect from 9.9.1988, in consequence of which, Section 5(2) read with
Section 5(1)(e) has been repealed and has ceased to exist with effect from that date
and Sec -6 General Clauses Act to be added.

As such, it is seen that the definition of possession of disproportionate

assets by a Public servant remained unchanged and continued to exist in force in the
new P.C. Act, 1988 as “Sec.13(1)(e)” with an addition of a new provision as
“explanation” in it.

The said explanation reads as under:-

“Explanation” – For the purpose of this section “known sources of

income” means income received from any lawful source and such receipt has been
intimated in accordance with the provisions of any law, rules or orders for the time
being applicable to a public servant.

Hence, in view of addition of this new provision in Sec.13(1)(e) of the

P.C. Act, 1988 there are two ingredients :

(i) the income of the concerned Public servant who is facing an

investigation or trial for commission of such offence must have been
received from any lawful source, &

(ii) the Public servant should have duly intimated the same to the
concerned authorities in time as was/is required under the provisions
of any law, rules and orders of the Government etc.

As such, owing to the addition and introduction of this new provision

as “explanation” in the Section 13(1)(e) of the P.C. Act, 1988, a Public servant who is
facing an investigation or trial for this offence is now prevented and debarred from
pleading in his favour any source of income, in order to account for the same, as
his/her income, unless it has been received from any lawful/legal source and such
receipt of income has been intimated to the concerned Competent Authorities as
required under the provisions of any law (such as Income Tax), rules (such as
Conduct Rules of the State & Centre) or orders (such as orders issued by the
Government etc.). Nevertheless, to make it more clear, it is to be explained that if
such income was required to be shown in the Income Tax Return, or intimated to the
 170

concerned authority complying with the requirements of the Conduct Rules or any
other Government orders, it must have been shown in the Income Tax Return and
duly intimated to the concerned authority in time. If not, such income would not be
allowed and accepted in the computation of income of the concerned Public servant.

Hence, this provision in the new P.C. Act, 1988 is detrimental to the
accused Public servant as it prevents the accused Public servant from escaping the
charge of possession of D.A. by falsely pleading the income to have been derived
from agriculture, loans, gifts etc.

On the contrary, it is to be stated that to substantiate the charge of

disproportionate assets against the suspect Public servant, the Investigating
Agency/ Prosecution must prove the following facts :- (as burden to prove the same
lies on it).

(i) That the accused is a Public servant.

(ii) The nature and extent of the pecuniary resources and property found
in his possession or in possession of any other person on his behalf.

(iii) What were his known sources of income i.e. which are known to the
prosecution and the receipt of which have been duly intimated to the
Departmental Authorities and Income Tax Authorities.

(iv) It has to be proved quite objectively that the pecuniary resources and
property found in possession of the accused or any other person on
his behalf were disproportionate to his known sources of income, - at
any time during his period of service.

Once these facts and ingredients are established, the offence of

“Criminal Misconduct” under section 13(1)(e) is complete unless the accused is able
to account for such pecuniary resources and property found in his possession or in
the possession of any other person on his behalf.

Steps to be taken prior to registration of D.A. cases.

To find out whether there is prima facie materials to establish a charge

of disproportionate assets against the suspect Public servant and to proceed further
in the matter to substantiate the same and to secure a conviction against him in a
Court of law or punishment in a departmental enquiry, action has to be taken by the
Investigating Agency with diligence and meticulous care for collection of reliable and
well founded materials and evidence in two phases i.e. prior to registration of a D.A.
Case and after registration of the same against the suspect Public servant.
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Those are indicated below for guidance and action accordingly.

Since hardship/embarrassment is likely to be caused to the suspect

Public servant during investigation of a case of this nature, it should, therefore, be
registered only after collection of the relevant materials on the following facts and
after causing necessary preliminary verifications thereon secretly and discreetly
maintaining absolute secrecy while doing so.

(i) To checkup and find out the reputation of the suspect Public servant.
A bad or ill reputation of the Public servant with regard to his integrity
is a pre-requisite and essential factor in such case.

(ii) To verify the standard/style of living of the Public servant which

includes his residential accommodation/possession of transports used
by him and the members of his family/Education of Children/Club
memberships/expensive entertainments/pleasure trips & tours/Foreign
tours/pilgrimage etc. and the probable costs/expenses involved.

(iii) Collection of information and verification of the same regarding

performance of marriages in the family of the Public servant during
his/her tenure of service. Such as – of his/her own marriage, if not
married prior to his joining in the service, marriages of his/her
sons/daughters, brothers/sisters and other dependants marriages and
probable expenses incurred/borne by the Public servant for those
marriages.

(iv) Collection of information and its verification regarding medical

expenses incurred by the Public servant for any expensive
treatment/major and expensive operations etc. of his/her own or
his/her children or any other family members during his/her service
period.

(v) Collection of information and verification of the same regarding

possession of costly and luxurious movable articles – such as –
refrigerator/tape - recorder/video camera/computer/laptop and other
costly household articles – such as – sofa set/ steel almirahs/bed
cots/other possessions and the probable costs of the same.

(vi) To collect information and to make discreet and secret verification of

the owner-ship of the buildings, immovable properties etc. possessed
by the public servant or by any other member of his/her family and the
general assessment thereof.

(vii) Any benami transaction by the Public servant with regard to

possession of any movable or immovable properties such as
vehicles//lands/houses etc. and the probable amount involved/spent in
those transactions.

(viii) Information and verification regarding donations/valuable gifts given

by the Public servant and the amount involved.
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(ix) Scrutiny of the Income Tax record/returns of the Public servant and
his/her family members, if the wife or any other members of his family
(son/daughter) are also earning members. Care has to be exercised in
the matter at the time of scrutiny.

(x) Financial background of the Public servant i.e. of Parents/In-laws.

(xi) Scrutiny of the personal file and property statements of the Public
servant is to be made.

(xii) Discreet and secret enquiries are to be made at the native place/home
town and at other previous places of posting, as would be deemed
necessary, to find out and locate possession of assets both movable
and immovable, if any, by the Public servant or in the name of his/her
family members.

(xiii) Such other secret and discreet enquiries are to be made, as would be
possible and deemed necessary, to find out any other incriminating
materials against the Public servant that may strengthen the merit of
the D.A. Case in substantiating the same against the Public servant.

After collection of the relevant materials and causing such secret

preliminary verifications thereon, if prima facie material is available and the
Investigating Agency has reason to believe that the suspect Public servant is in
possession of assets disproportionate to his known sources of income, immediate
steps should be taken by the authority concerned of the Vigilance Organisation (i.e.
S.P., of the respective Vigilance Division or S.P., Vigilance Cell of the Vigilance
Directorate, as the case may be) to move the concerned Chief Judicial Magistrate,
having jurisdiction over the place/places of occurrence to issue search warrants
U/s.93(1)(c) of the Cr.P.C. for conducting searches/simultaneous searches in the
residential house/office room/houses at native place and other places/houses of
other close relatives and family members in respect of which there is specific
information of the assets of the Public servant having been secreted/concealed, and
for inspection of the buildings/houses. However, fruitless and unnecessary searches
which would humiliate such other persons should not be resorted to.

In this regard Vigilance Circular Order No.4/2000 should be referred

to.
Necessary precautions be taken at the time of search. For that, the
relevant provisions and the procedural formalities of the Cr. P.C. (i.e. Sections 100,
165 & 166 Cr. P.C) in this regard should be strictly followed together with some other
action as indicated below to avoid any legal and procedural complications and to
facilitate the bonafide action of the search team.
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(i) Photographer to accompany the search team.

(ii) At least one lady, Vigilance Police Officer or Lady Police Officer or
such more Lady Officers, or Lady Homeguard where considered
necessary, should accompany the search team.

(iii) Offering personal search of the search team to the inmates and
search witnesses before entering into the premises/houses and
conducting the searches.

Thereafter, while conducting the searches, steps should be taken for

seizure and Inventory of heavy cash / Jewellery / the relevant documents like
property registration deeds, bank accounts, shares, debentures, fixed deposits,
National Saving Certificates, imported articles, foreign exchange, Insurance Policies,
keys of Bank Lockers, inventory of household articles & furniture, food articles etc.,
any deed relating to benami transaction and any other incriminating documents
connected with the D.A. Case which are found in the possession of the suspect
public servant or in the possession of any other person on his behalf. The seizure
and inventory be made under proper seizure list and inventory list.

Efforts should also be made to take photographs of all Costly/Luxury

goods and various parts of the house/houses and the negatives be preserved with
the identity of the photographer. The photographer should sign with date on the back
of the photographs. All the batteries should be removed from the seized electronic
articles. Seized articles which are likely to decay should be disposed of on auction
sale with the permission of the Court under section 451 Cr.P.C., and the sale
proceeds deposited in the Court.

If large amount of cash is seized, unless it is necessary to preserve

the identity of the same for some specific purpose, the seized cash, after obtaining
permission of the Court under section 451 Cr.P.C., should be deposited immediately
in a current account, to be opened by the S.P., Vigilance by designation
in a nationalized bank, as deposit on call. In this regard Vigilance Circular Order
No.1/2002 is relevant.

Immediately after the searches, the Public servant should be

interrogated thoroughly with reference to the seizure/inventory of large assets
including cash, and for getting clarifications and explanations regarding the
documents, if the purports of the same are not clear to the I.O. This should be done
at the earliest so that the accused public servant may not get the scope to change his
version later and to cook up defence theories. Again, after obtaining his statements in
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form Nos. I to VI in the prescribed Proforma (Statement of property), he should be

interrogated for getting further particulars and clarifications. However, this does not
preclude the recording of his comprehensive statement later at the close of the
investigation of the case. In this regard Vigilance Circular Order Nos.7/2001 and 3/03
are relevant. Similarly the Lady Police Officer deputed in the search party is to
carefully and intelligently interrogate the lady inmates of the house to elicit
information about the assets / properties which the Suspect Officer might have
concealed to disclose before the Enquiring Officer during his examination.

At the same time bank lockers, if any, maintained by the public

servant and his family members should be found out, sealed and opened in presence
of the suspect public servant, bank authority and witnesses, and immediate steps
shall be taken for seizing and freezing of his bank accounts. In this regard, it is very
important to mention here that absolute secrecy and confidentiality should be
maintained before and at the time of conducting the searches as instructed in
Vigilance Directorate Circular Order No.2/2003.

Scrutiny of documents

Soon after completion of a search and receipt of documents from

different offices/places, the same in original should be produced before the
respective Divisional Ss.P. The Divisional S.P. should personally inspect each of the
documents, assess its implication and give suitable instruction to the I.O. for further
verification and investigation. He has to prepare a Scrutiny Report containing all the
instructions given by him with reference to Serial Number of the documents in the
Seizure List/Acknowledgement Receipt. The Scrutiny Report of the S.P. along with
copy of the Seizure List/Acknowledgement Receipt of the E.O. be forwarded to the
Directorate for perusal and further instructions. All these instructions issued by the
S.P. should be incorporated in the 1st Progress Report and should continue to be
repeated till these are complied with. (Circular Order No.2/2000).

After conducting such searches, seizure/inventory etc. and making

necessary enquiries, if prima facie material is available for registering a case, then
only a case should be registered against the suspect Public servant for having
possessed assets by himself or by any person on his behalf which are found to be
disproportionate to his known sources of income. In our State, D.A. Cases are being
registered after conducting of the house searches and open enquiry. House searches
are conducted on the strength of Search Warrant obtained from the Competent Court
on the prayer of concerned Divisional S.P.
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For registration of a D.A. Case, it is incumbent and obligatory on the

part of the concerned S.P., Vigilance of the Vigilance Division to go through the
relevant written report, submitted on the subject, carefully and after proper
application of his mind on the facts and contents of the report, he is required under
the provisions of Section 17(c) of the P.C. Act, 1988 to issue specific orders to that
effect treating the same as F.I.R. and to make endorsement of orders to the I.O.
mentioning his name and designation etc. for investigating the case as discussed
earlier in this Chapter. In our State, Officers of and above the rank of Inspector of
Police, Vigilance have been authorized by the State Government to investigate a
D.A. Case U/s.13(1)(e)/13(2) of the P.C. Act and other offences under the said Act.
(Ref: Appendix-2).

Precautions should be taken while drafting the written report which is

to be treated as F.I.R. Those are – (1) it is advisable not to mention any “Check
period” in it which is to be fixed later depending upon the rank, acquisitive activities,
service period, quantum of disproportionate assets of the public servant and merits
of investigation of the case etc. (2) Similarly, the use of Sec.13(1)(d) of the P.C. Act
be avoided in the F.I.R. It should not, therefore, be mentioned in the F.I.R. that the
accused Public servant was in acquisition of the assets/pecuniary advantages by
abuse of his official position or by corrupt means as investigation on any such
instance/instances of abuse of official position or corrupt means is almost never
conducted specifically nor is required to be investigated specifically on these points
during investigation of a case of disproportionate assets.

It is not necessary to give opportunity of being heard to the accused

before registration of D.A. Case. But it would be improper and against the principles
of natural justice, if a Criminal Case is registered without the version/account of the
accused with regard to his sources and extent of his assets/income and expenditure.
Therefore, examination of the Public servant concerned for computation of the
quantum of his disproportionate assets in the light of his account and rebuttal thereof,
wherever needed, is the pre-requisite for deciding the fate and result of the
enquiry/investigation of such case.

In view of this, it is necessary and incumbent on the part of the

Investigating Officer of the case to serve, after completion of the house search/house
searches, notice on the concerned Public servant with acknowledgment, to furnish
statements as required in forms I to VI in the prescribed Proforma through his
Department /Authority. At the end of the period of 15 days from the date of receipt of
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the notice the I.O. should direct him to appear in person and give a detailed
statement on his assets, income and expenditure. The suspect Public servant’s
acknowledgment of the notice should form part of the case record and be entered in
the C.D. The statement of the suspect public servant should invariably be furnished
to the Vigilance Directorate along with a copy of the draft F.I.R. of the Criminal Case
which is sought to be registered. Similarly, on completion of investigation of the case,
the Public servant should also be examined thoroughly on the Final Balance Sheet
and his version/pleas, if any, be recorded and incorporated in the Case Diary, a copy
of which be annexed to the detailed report. Samples of the C.B.I. Proforma I to VI are
appended in Part-V of the Instructional Handbook as Appendix – 10.

After registration of D.A. case.

Investigation on the following relevant aspects should be conducted

effectively and expeditiously for collection of requisite materials and evidence for
finalisation of investigation of the case:

(i) Assets be seized only if those are patently high, considering the status
of the Public servant. Otherwise those should only be mentioned in
the inventory list.

(ii) Requisitions be issued for obtaining various relevant documents and

particulars – such as – relating to particulars of pay & allowances,
personal files, property statements, details of postings, bank
statement of account, cheques, pay-in-slips, account opening forms,
certified copies of sale/purchase deeds of immovable and movable
properties, information from L.I.C./Postal authorities etc. Income Tax &
Wealth Tax files of the Public servant and members of his family are
to be requisitioned and collected immediately. Besides, other specific
requisitions which are necessary, as indicated by the documents
seized be issued.

(iii) Examination of witnesses concerned with regard to income,

expenditure and acquisition of assets of the Public servant and value
thereof.

(iv) Seizure of documents, connected with the case, where necessary.

(v) Seizure of bank accounts and issue of direction to the bank officer
prohibiting account of the accused Public servant being operated
upon.

(vi) Issue of requisition for technical valuation of the buildings.

(vii) Thorough scrutiny of documents seized during the search/searches.

(viii) Scrutiny of bank ledgers be made and certified copies of the same
should be obtained by following provisions of “Banker’s Book
Evidence Act.”
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(ix) Interrogation of suspect official, family members and others having

involvement in the case.

(x) Prompt follow up action, to collect further documents and to trace

income, expenditure and assets, should be taken.

So far as the fixing of the “Check period” (a particular period) of the

case is concerned, it is not necessary to take the entire service period as “Check
period”. The check period may be fixed as would be deemed expedient depending
upon the rank, acquisitive activities, quantum of disproportionate assets acquired
during the particular period of service etc. of the Public servant.

History Sheet

History Sheet of the Suspect Officers in the prescribed format

(Vigilance Circular Order No.2/99), be maintained in the Case Files of
Disproportionate Assets Cases. The Divisional Ss.P. shall ensure that the format is
duly filled in by the I.O. soon after registration of a case and progressively filled in
with details with reference to Case Diaries etc. as required in the format. A similar
format should also be maintained in the Case File of the Divisional Office which
should be progressively updated before the monthly review of the cases and
submission of Progress Reports. This will help the Divisional Ss.P. and the I.Os. not
only to monitor receipt of compliance from different authorities but also to expedite
progress of investigation. A photo copy of the history sheet be sent along with 5th
P.R. to the Vigilance Directorate. Ss.P. are at liberty to furnish additional information,
if any, on the headings given in the format.

Attachment of properties.

After the search/searches/seizure/Inventory of properties and soon

after the registration and investigation of the Criminal Case action should be taken by
the Vigilance Division Office concerned/Vigilance Cell of the Vigilance Directorate in
appropriate cases for attachment of properties as per the provisions of the Criminal
Law Amendment Ordinance, 1944 after getting authorization in favour of the
Investigating Officer from the Central or State Government, as the case may be. The
Special Judge trying an offence under the P.C. Act has the power to pass an order
of confiscation under section 452 of the Cr. P.C. In this regard Vigilance Circular
Order No.6/2003 should be followed.
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Computation of Income/Expenditure/Assets of the Public servant

During investigation of a disproportionate assets case, the

Investigating Officer has to expeditiously collect the required particulars of Income,
Expenditure & Assets of the accused Public servant for computation and properly
assessment at the close of the investigation as to whether the extent and quantum of
disproportion of assets found in possession of the accused public servant or in
possession of any person on his behalf during the “Check period” in question fixed
for the purpose, justifiably deserves and needs institution of a Criminal Case or a
departmental enquiry / action against him or any other action in the matter as
deemed appropriate.

For computation of Income, it is important for the I.O. not to leave out
any “known sources” of income which were collected as the total income of the
Public servant being known to the prosecution on a thorough investigation of the
case. Though it is a fact that it is not always possible for prosecution to know all the
sources of income of the Public servant despite all possible efforts made to get the
same during investigation, still it would be incumbent on the part of the I.O. to verify
each such item of income which was disclosed and claimed by the Public servant as
his income. In this regard, Vigilance Circular Order No.4/2004 should be followed.

However, the particulars of the Income of the Public servant received

from the following sources (as known sources) be collected and computed as his
income.

Computation of Income of the Public servant from the following sources:

a. Pay and allowances (net salary)

b. Rents

c. Dividends

d. Interests

e. Loans and advances taken

f. Gifts

g. Agricultural income

h. Income Tax refunds

i. Maturity values received of Insurance policies, Fixed Deposits etc.

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j. G.P.F. advance and withdrawal

k. Profit on sale of assets

l. Sale proceeds of assets. (Such assets should not then figure in

Statement A)

m. Income of family members (in appropriate cases). Mere plea of the

public servant in this regard should not be blindly accepted. Such
pleas should be investigated thoroughly.

n. Any other income from landed property like compensation and sale
proceeds.

o. Income from shares & securities, bank deposits, sale of movable

assets etc.

p. Income from any other sources.

Note: “Explanation” provided in Sec.13(1)(e) of the P.C. Act, 1988 should be

kept in view while preparing this statement and accepting the items of
income.

For conducting and monitoring the investigation of the case in right

direction in order to collect the requisite and relevant materials/evidence on the
above items of income, the mode of investigation which is required to be made for
the purpose is analysed below elaborately for necessary guidance and action
accordingly.

Pay & Allowances

There will be no difficulty as particulars of salary income and

allowances can be ascertained from the Drawing & Disbursing Officer concerned.
The net salary income (take home pay), after payment on account of deduction of the
income tax, G.P. Fund etc., only should be taken into consideration. These details
may be obtained month-wise, with particulars of gross pay and allowances along with
the corresponding details of deductions on account of income tax, GPF contribution,
refund of GPF advance, house rent, other deduction etc. along with the mode of
payment. If by cheque, the bank and branch on which drawn, cheque number and
date should also be obtained. Where the Department itself had sent the pay cheques
directly to the Bank account of the public servant or remitted the pay directly to such
Bank account, particulars of the bank, branch and account number should be
obtained. GPF withdrawals should also be added to the income.
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Travel Allowance & Dearness Allowance are meant to reimburse the

public servant in respect of out-of-pocket expenses and should not ordinarily be a
source of income.

Income from Immovable Property

This will arise from profits accruing from sales, compensation on

acquisition or by way of rental income. Such income can be precisely determined
from relevant records, such as sale deeds in the office of the Sub-Registrar, the
documents pertaining to compensation for acquisition of property and in the case of
rental income, by rent receipts and by the examination of the tenants concerned.
Further investigation can be made with reference to the Income-tax returns, property
returns and by the examination of the bank accounts of the public servant. Municipal
records should also be checked.

Income from Agricultural Property

It is not uncommon for a public servant, who owns agricultural

property to inflate the income from such property. This requires a very detailed
investigation with reference to the size of the holding of the agricultural property, the
nature of land, the kinds of crops produced, relevant revenue records including crop-
cutting records, commodity price indices etc., assessment of the yield and of inputs
such as 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. On the request of I.O. the Asst. Director,
Statistics attached to the Vigilance Directorate may provide the Agricultural Income of
the S.O. Details of it may be found in “Organisation Chapter” –under heading
“Statistical Cell”.

Declaration of agricultural income in the property returns of the

accused public servant is also of great relevance. Besides, even though agricultural
income is not taxable, there is a column in the I.T. Return Form where agricultural
income should be just shown. The I.T. Return filed by the public servant should,
therefore, also be kept in view.
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Income from Movable Assets

This will arise from dividends on share and other securities, interest on
deposits and profits made on sale of any movable assets. Particulars of income
through dividends and interest should be ascertained by enquiring from companies,
banks etc. This can be further verified by referring to the Income-Tax Returns and
bank accounts of the public servant where such incomes are normally reflected.

Gifts
Generally, accused public servants make claims of sizeable income
through gifts from relations and friends on occasions like marriages, birth of a child
etc. It is the duty of the investigating officer to verify all such claims. Where
substantial gifts are claimed, it should be seen whether there was gift tax liability and
if so, whether the same was discharged. Receipt of gifts beyond certain monetary
limits has also to be reported under the Conduct Rules and it provides a further mode
of verification of the public servant’s claims. The capacity of the donor to give the gift
should also be gone into carefully. In addition, it should also be investigated as to
whether there was any discrimination by the donor in favour of the donee public
servant and/or his family members vis-à-vis other similarly placed relatives. In this
context, the new “Explanation” that has been added in P.C.Act, 1988 should also be
applied.

It should also be borne in mind that under the Gift Tax Act, 1958 in
respect of total gifts exceeding a particular amount made by one person during a
financial year, a gift tax return has to be filed by the donor and gift tax paid thereon.
This limit was Rs.5,000/- upto 31.3.1986. From 1.4.1986 this has been increased to
Rs.20,000/-. If the donor has not done so, this should be brought out in evidence .In
this connection provision, regarding limit of amount of gift given by close relation and
friends other than close relation, in Government servants conduct rules be referred.

Loans and Advances

There should be no difficulty where loans or advances have been

taken from the Government or from such bodies as the LIC, HDFC, and Banks etc.
Difficulty, however, arises where substantial loans are claimed to have been taken
from relatives or friends. This requires careful investigation with reference to the
financial capacity of the persons to give such loans, income-tax records, scrutiny of
bank accounts and by finding out whether intimation was sent to the competent
authority where this was required under the Conduct Rules. Where a person claims
to have advanced a substantial loan to the public servant, it should be ascertained
whether there is any corresponding withdrawal from his bank account. Besides, the
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exact mode in which the loan was given to the public servant and what the public
servant did with the loan as soon as he received it should also be checked up. If the
creditor is an IT/WT assessee, his returns should also be checked to see if he has
shown the interest received as income and the loan as part of his wealth. If the
creditor maintains account books, the vouchers and account entries should be
thoroughly checked to detect manipulation, if any.

Circular Order No.4/2004, envisages that in the instances where huge

loans are availed during the check period and fully repaid within the same period, the
same will not be taken into account for the purpose of income during the check
period. However, if part of the loan so taken remains un-remitted during the check
period, the same loan should be taken on the income side for the purpose of
calculation of disproportion.

In case, the entire loan has been repaid with interest within the check
period, the amount of interest paid should be calculated towards expenditure only.

Profits on disposal of assets

The rule to be followed in such cases is that if an asset has been

acquired and sold during the check period, the profit or loss thereon should be
included in income or expenses, as the case may be. The purchase price and sale
proceeds as such need not come into the final computation. However, if an asset
was possessed by the public servant before the check period and the same is
disposed of during the check period the full sale proceeds may be included in the
income without giving credit to the asset on the date of commencement of the check
period. Alternatively, the value of the asset may be included in the list of assets at the
beginning of the period and only the profit or loss thereon may be included in the
income or expenditure as the case may be. Mistake should not be made by including
such assets in beginning of the check period and at the same time including the
entire sale proceeds in income. The same principle will be applicable whether the
officer acquired the asset himself before the period of check or he inherited the asset.

Income from miscellaneous sources

Any claim made by the public servant regarding income from such
sources as overdraft account, matured insurance policies, withdrawals from provident
fund, income tax refunds, dairy income, income of wife from tuition etc. must be
thoroughly verified by the Investigating Officer, before such claims are allowed or
disallowed.
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Total income

The income from all the sources should be calculated to find out the
total income during the period of check.

Computation of Expenditure of the Public servant during the period of check

For computation of expenditure of the Public servant, investigation

should be conducted on the following aspects and the required materials/evidence
collected on the same to find out the quantum of expenses incurred by the Public
servant on those items during the period of check. The relevant statement should be
prepared accordingly under this head of “expenditure” incorporating those items and
amount of total expenses therein.

The items of expenses of a Public servant fall in to two categories i.e.

Verifiable & Non-verifiable items.

The Verifiable items of expenditure are described below”

(i) house rent

(ii) electricity and water charges

(iii) educational expenses of children

(iv) maintenance of conveyance

(v) payments made to petrol pumps, video libraries etc.

(vi) expenses on club

(vii) payment of insurance premium

(viii) losses on disposal of assets

(ix) income tax payments other than deductions at source

(x) house tax and other municipal taxes paid in respect of property

(xi) bank charges and interest paid on overdrafts and loans, locker fees.

(xii) medical expenses which are not reimbursed

(xiii) expenses on gas

(xiv) repayments of loans and advances etc. No effort should be spared by

the Investigating Officer in collection of evidence in respect of
verifiable items.

(xv) insurance for household goods/Insurance for accident etc.

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(xvi) expenses incurred on holidays/ picnics/ pilgrimage/ visits & pleasures/

trips to other places/ visits abroad

(xvii) payment of interest on other advance and loan

(xviii) expenditure on cost/repayment of loans and advance

(xix) marriage expenses – expenses incurred on marriage may also

sometimes be verifiable and full details about them, wherever possible
should be collected. GPF withdrawals, withdrawals from bank
accounts and loans taken just prior to and soon after the date of the
marriage would also be useful evidence in computing expenses
incurred on a marriage.

The non-verifiable items of expenditure are described below.

Kitchen expenses, expenses on clothing and linen etc. The kitchen

and living expenses would include expenditure on rations and groceries, sugar, tea,
milk, biscuits, bread, butter, eggs, poultry, fish, vegetables, fruits, cooking oil,
newspapers and magazines, expenses on hobbies etc., shaving cream/soaps/tooth
brush & tooth paste, entertainment articles including VCR, VCD, DVD purchases
and library expenses, expenses on religious ceremonies.

All these expenses are mostly non-verifiable, unless the public servant
has kept a record of these expenses. The determination of these expenses is the
most difficult task of the I.O. Usually, the estimate given by the public servant is too
low whereas the estimate by the Investigating Officer tends to be high. No hard and
fast rule can be laid down for estimating kitchen expenses of the public servant. It is
in respect of these expenses that evidence collected from the Department of
Statistics would be useful.

The broad indicators for estimation of household expenses where

there is no better method of calculation are (i) the size of the family; (ii) the living
standard of the family as may be disclosed by the household effects recorded in the
inventory prepared and colour photographs taken at the time of search and seizure of
TV Set, V.C.R., refrigerator, other electrical gadgets, etc.; (iii) the living standard as
may be shown by clothing items and items of jewellery; (iv) the style of living as may
be shown by club and other entertainment expenses, the mode of travelling,
expenses incurred on holidays and other trips, expenses incurred on religious and
other ceremonies; (v) the style of living as may be shown by maintenance of cars and
other vehicles and also by the mileage done; (vi) expenses on domestic servants;
(vii) expenses on hobbies; and (viii) maintenance of pets, etc. while estimating the
‘household expenses’, all these factors should be discussed in detail in the I.O.’s
Report (and SP’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. The golden principle which has to be kept in mind is that wherever it is
 185

possible to collect evidence about expenses the same must be collected. To

reiterate, the Investigating Officer should not be permitted, as far as possible, to base
his calculations on bare presumptions.

Computation of Assets of the public servant

For computation of Assets and the total value thereof – which have
been purchased / possessed by the public servant or any other person on his behalf
on or before the date of commencement of the check period, investigation should be
made for collection of the relevant materials/evidence on the following items of
“Assets” and incorporated in the proforma prescribed for it. In this regard, the
statements I to VI obtained from the accused Public servant/Officer in the prescribed
proforma should be studied thoroughly and carefully for reference and necessary
investigation be conducted on the same to know the correct position and to take
action with regard to those proforma as would be deemed proper, for using the same
in evidence.

In this regard, it is to be stated that assets found in the possession of

the public servant or in the possession of any other person on his behalf at the
beginning of the check period as well as at the close of the check period are
required to be shown separately in the statements prescribed for the same. Assets
means the total value of the properties, both movable and immovable possessed by
the Public servant or by any other person on his behalf.

The following are the items of assets to be found out, investigated into
and valued separately as indicated above.

Immovable Assets

(I) Purchase and possession of Plots/Lands including agricultural lands.

(II) Flats/Buildings/Shops.

These are to be inspected and valued by the Vigilance Technical

Wing. Regarding assessment/valuation of buildings etc. by the Vigilance Technical
Wing, instructions contained in Vigilance Circular Order No.2/06 & No.5/98 may be
referred to. Besides, the purchase price of any immovable property can be
ascertained and determined by making references to the registration records, the
payment of stamp duty and examining the concerned venders. In case of any under
valuation of those properties, it should be probed into and the real valuation of the
same to be taken into account.
 186

Movable Assets

Apart from the movable assets detected during house searches

etc.and included in the seizure/inventory lists , the broad categories of some of the
other assets are indicated below in respect of which further investigation should be
conducted to prove and compute the valuation of the same.

i. Credit balance in the savings bank and current account, fixed

deposits, recurring deposits in the banks and post offices.
ii. N.S.Cs., Indira Vikash Patra, NSS and other fixed deposits in the post
offices.
iii. Bearer Bonds etc.
iv. Investment in Unit Trust of India/Mutual Funds.
v. Share and debentures in companies.
The price at which purchased and not fresh value should be obtained.
Bonus shares should be taken as nil value.
vi. Loans given to the private persons.
vii. Jewelleries.
viii. Cash.
ix. Items like Refrigerator, Colour TV, Personal Computer and other
imported gadgets.
Sum total of all documented savings and assets only should be taken
as existing on the commencement date (commencement of the check
period).
Benami transaction/ Benami Assets

i. Burden of proof is on the prosecution.

ii. No absolute formula or acid test uniformly applicable.
iii. Circumstantial proof of benami transaction.
iv. Source from which the money came.
v. Nature of possession of properties after the purchase.
vi. Motive, if any, giving the transaction a benami colour.
vii. Position of the parties and relationship, if any, between claimant and
alleged benamidar.
viii. Financial status of the benami owner.
ix. Evidence of tenants and neighbours.
x. Correspondence between public servant and benami owner.
xi. Custody of the title deeds for the sale.
xii. Conduct of the parties concerned in dealing with the properties after
the sale.
 187

STATEMENT – “A”

Assets at the beginning of the period of check.

STATEMENT – “B”
Assets at the close of the period of check
While computing Assets at the beginning and close of the check
period, cost of the following properties may be looked into.

Immovable Assets

a) Plots, flats, buildings, shops.

b) Lands including agricultural lands.

Movable Assets

a) Bank Balance in Savings and Current accounts, fixed deposits etc.

b) Balance in Post Office accounts.
c) National Savings Certificates, Kisan Vikas Patras, Indira Vikas Patras
etc.
d) Government securities.
e) Bearer bonds.
f) Loans Advanced.
g) Deposits with companies, firms, etc.
h) Shares and debentures in different Companies/firms.
i) Jeevan Akshay, Jeevan Dhara and such investment policies of
Insurance companies, Mutual Funds, PPF etc.
Note: Premia paid on Insurance Policies of LIC, PLI should not be
included in this statement. They should be incorporated in the
Expenditure Statement-D.

j) Cash, bullion, jewellery & ornaments.

k) Furniture and carpets.
l) Car, scooter, motor cycle, moped etc.
m) Radio, TV, VCR, tape recorder, air conditioner, typewriter, personal
computer etc.
n) Electrical gadgets, such as washing machine, room coolers,
refrigerator, freezer, oven, micro oven, mixie, other kitchen appliances
etc.
o) Watches, pens, paintings and other valuable articles.
p) Animals.
q) Other assets.

Note:

i. Date of acquisition and cost to be indicated in each case. Cost to be

computed as on the date of acquisition.
ii. No item appearing in Expenditure Statement-D should appear in the
Assets Statement – B.
 188

Soon after conducting of house search during enquiry, the disciplinary

authority of the Public servant shall be intimated regarding involvement of the Public
servant in Vigilance Case/enquiry. In this connection, the instruction contained in
Vigilance Circular Order No.5/2001 should be scrupulously followed.

In all cases of enquiry/investigation of allegation relating to

disproportionate assets, where house search of official/officials is conducted, the
appropriate authorities may be moved for transfer of such officials. In this regard
instruction contained in Vigilance Directorate Letter No.4370/V-Co(A) dated 4.7.1998
should be thoroughly complied.

Suspension

Regarding suspension, in a D.A. Case, a decision may be taken

carefully and judiciously for recommendation of suspension of the Public servant
after the searches or during investigation of the case. Suspension of the Public
servant should be justifiably recommended when considerable/huge quantum of
disproportionate assets were clearly and unambiguously detected to have been
acquired by him or by any other person on his behalf during the search or later part
of investigation of the case.

While prosecuting the Public servant in the Court of law for

commission of the alleged offence of D.A., departmental action may also be taken
against him, where deemed necessary, for violation of any other provisions of law,
Conduct Rules etc.

As per Vigilance Circular Order No.2/2001, every D.A.Case should be

supervised by the S.P. The Supervision Note should be issued in the prescribed
format, keeping in view the requirements of Criminal Case/File, in addition to issue of
the monthly Progress Reports as instructed in Vigilance Circular Order Nos.5/96 and
No.2/1995 by the Ss.P.

CALCULATION OF D.A.

Statement A – Assets at the beginning of Check Period.

Statement B – Assets at the close of the Check Period.
Statement C – Total Income during the Check Period.
Statement D – Total Expenditure during the Check Period.
D.A. = B – A + D – C i.e. Assets + Expenditure - Income
Percentage of D.A. = D.A. X 100
Total Income
 189

On completion of investigation, when a case of Disproportionate Asset

is made out, the Investigating Officer will submit his Detailed Report along with
details of Assets, Expenditure, Income, Statements of accused official and up-to-date
Case Diaries/Records as per Vigilance Directorate Circular Order No.11/2004. Legal
opinion of the Special P.P. should be obtained on the D.R. of the I.O. invariably as
per Circular Order No.4/2001. The Divisional S.P. should scrutinize the case records
and forward the Detailed Report to the Directorate with his recommendations seeking
orders for submission of Charge sheet or otherwise.

On obtaining orders of submission of Final Form, the Divisional Ss.P.

will prepare S.P.’s Report in the prescribed proforma as per Circular Order No.6/96
and move for sanction of prosecution of the S.O.. The S.P.’s Report should be routed
through Vigilance Directorate for obtaining Sanction of Prosecution against Class-II
and above officials and equivalent ranks of P.S.Us.

Sanction of Prosecution

After completion of investigation of the case, if the material/evidence

collected during investigation reveals a strong and well established case, charge
sheet U/s.13(1)(e)/13(2) of the Prevention of Corruption Act, 1988 is to be filed
against the accused Public servant for possession of assets disproportionate to his
known sources of income.

In this regard it is to be indicated here for guidance that the Supreme

Court allowed margin up to 10% of total income for drawing presumption of
disproportion, vide – Case Law – Krishnand Agnihotri Vrs. State of M.P. AIR 1977
SC 796.

At the time of submission of the charge sheet, if the accused Public

servant is continuing in service, previous sanction for his prosecution is to be
obtained from the competent authority as the same is mandatory as per the provision
of section 19 of the P.C.Act 1988 as no Court shall take cognizance of such offence
alleged to have been committed by a Public servant except with the previous
sanction. While obtaining the sanction to prosecute the accused, it should be noted
and borne in mind that the sanction is valid and to be accepted as such only when it
fully complies with the two conditions/tests – viz – (I) that it has been granted by the
competent authority, which means that the authority who granted the sanction was/is
competent to remove the accused Public servant from service and (II) That the
competent authority while granting the sanction had applied his mind to do so, and
that it was not granted by him mechanically – keeping the provision of Section 19 of
 190

the P.C. Act in view that the provision is intended to afford a reasonable legal
protection to a Public servant from any false, frivolous or malicious prosecution.
Sample sanction order is as Appendix – 9.

If the accused Public servant has retired or dismissed/discharged from

service, no sanction order is required for his prosecution.

Where necessary, sanction can be obtained from the authority higher

than the competent authority who can remove the Public servant from service.

Since members of the Parliament and members of the Legislative

Assembly have no appointing authority, no sanction is required for them. However,
as per the decision of the Hon’ble Supreme Court in the case of Mr. P.V. Narsimah
Rao Vrs. State (CBI/SPE) AIR 1998 SC 2120 and the related Criminal Appeals &
SLPs 1997/1998, permission of the Speaker of the Parliament or Chairman of the
Rajyasabha, as the case may be, is required for prosecution of the M.Ps. till
necessary provision is made by the Parliament in this regard. But there is no mention
about the MLAs in the judgment so far on this point.

Circular Order No.3/98 regarding accordance of sanction for

prosecution within a time limit of three months, as observed by the Supreme Court,
should be pointed out to the sanctioning authority.

In this context, another important point on the question of granting

opportunity of hearing to the Public servant, at the time of according sanction, and
whether such non-granting of the same would vitiate the order of sanction, the
Hon’ble Supreme Court held in the judgment relating to the case of State of
Maharashtra Vrs. Iswar Piraji Kalpatri – reported in 1996 Criminal Law Journal 1127
(Supreme Court) that “the question of giving an opportunity to the Public servant at
that stage as was contended for the respondents does not arise”.

This important decision of the Hon’ble Supreme Court be referred to

and kept in mind by the I.O. and all concerned connected with the investigation of the
cases under the P.C.Act/IPC etc. to make best use of the same when such question
arises at the time of according sanction.

After obtaining sanction for prosecution from the competent authority,

the I.O. shall prepare draft final form U/s.173 Cr.P.C. which should be sent for vetting
by the Spl.P.P. After vetting, this should be scrutinized and approved by the S.P. of
the Division/Cell. Only after the draft charge sheet is approved by the S.P., fair copy
should be prepared by the I.O. and sent to the Court. In this regard, instructions
contained in Circular Order No.6/2004 should be strictly followed.
 191

As per Circular No.1/96, I.Os. are required to despatch the Final Form
in triplicate along with C.Ds., 161 Statements and all other relevant documents to the
Court Office. The P.Is. have been advised not to accept the original Final Form
unless the case records are complete in all respect. But before the I.Os. despatch
the Final forms to the office of P.I. as per provision of Sec. 173 Cr.P.C. the same
need to be forwarded by the Officer-in-Charge of the Police Station. In fact, in the
prescribed proforma for Final Form, there is a provision for signature of O.I.C. Since
one officer is appointed as O.I.C. of the Vigilance Police Station by the concerned
Divisional Ss.P, it should be ensured that all the Final Forms are signed by the O.I.C.
without any exception but before that the same should be scrutinized by the S.O.,
Crime Section and put up to S.P. for vetting which will be done in the file only, not on
the body of the Final Form to be submitted to the Court. At the time of scrutiny, it is to
be seen that the Final Form is prepared strictly in accordance with the orders issued
by the appropriate authority, and all the particulars/information as per the prescribed
proforma are furnished accurately. In order to avoid overwriting/ deletion/ addition/
correction on the original Final Form it is desirable to put up a draft F.F.for approval
by S.P. In any case the original Final Form will be vetted by S.P. before O.I.C. puts
his signature thereon while forwarding the same to the Court Office as envisaged in
Circular Order No.6/2000.

Regular Departmental Action (R.D.A.) – After Acquittal in D.A. Case.

If a D.A. Case ends in acquittal owing to any technical ground or any

erroneous appreciation of evidence and improper observations of the trial Court,
initiation of regular departmental action against the accused Public servant on the
same ground can be considered, if there are very pertinent and strong grounds to do
so after thorough scrutiny and examination of the judgment of the Court.

This is to be further pointed out in this regard that despite acquittal of

a Disproportionate Asset Case in the trial Court or in the appellate Court, penalty can
also be imposed on the Public servant under the provisions of the C.S. (C.C.&A.)
Rules, 1962 of the State or the other Discipline & Appeal Rules applicable to him for
violation of the provisions of the Conduct Rules or any other law in force – such as –
not taking prior permission for a transaction or not intimating about a transaction – or
violation of provisions of law – such as – Sections 168/169 of the I.P.C. etc.
 192

SAMPLE PRAYER FOR ISSUE OF SEARCH WARRANT U/S 93 Cr.P.C.

IN THE HON’BLE COURT OF THE SPL. CHIEF JUDICIAL MAGISTRATE

(VIGILANCE), C U T T A C K
*****
Sub: Prayer for issue of Search Warrant U/S. 93 Cr.P.C.

Sir,
On receipt of reliable information that Sri …(Name of SO) is in
possession of assets disproportionate to his known sources of income, secret
enquiry is conducted.

It revealed that Sri …………(Name of SO) belongs to Village

(Address of SO).

Sri …………(Name of SO) has married to ……………… is doing

………….. He has got ……. son and ……….. daughters. His son is
reading……………. (Details history of family members be mentioned in brief).

Sri …(Name of SO) now posted in the office of

……………..since ………………Prior to this posting he was posted as

………………….. for about …….. years which was a lucrative posting.

During his incumbency as public servant he has constructed palatial

house in the name of his wife/etc. …………………... The cost of the building would
be about ………………...

Besides that, he has purchased a costly Plot on the side of NH-5 in

front of New Bus Stand, Bhadrak and constructed a house having a boundary wall
around it. The cost of the Plot and construction of the house would be about
Rs.5,00,000.00. He has also constructed a single storeyed building in his native
village at ………… near …………… on his parental land. The building has been
constructed during last 7 years. The cost of the building is about Rs.7,00,000.00.
Besides that, he has also purchased about Ac.10.00 of land in his native village
……………..

Thus, from the facts gathered during confidential enquiry, it is

calculated that the income from salary, agriculture etc. would be Rs.21,00,000.00,
expenditure towards food, clothing, fuel, education etc. would be Rs.14,10,000.00
 193

and thus the probable savings comes to Rs.6,90,000.00 against which he is in

possession of assets worth Rs.46,50,000.00. Apart from that, it is learnt that he has
got deposits in banks, investments in LIC, Shares, Cash, gold ornaments and other
valuable assets in his possession.

For the purpose of enquiry, it is necessary to verify and perusal of

records/documents relating to purchase of Immovable and Movable assets,
investment in the shares, deposits in banks, etc. and to conduct an inventory of the
assets possessed by him, his wife and other family members.

He will not produce the said documents/things if merely served with a

notice U/s. 91 Cr.P.C. and may destroy/conceal the evidence to this effect.

It is, therefore, prayed that the Search Warrant U/s. 93 Cr.P.C. may
kindly be issued to conduct searches on the following places, where the
documents/things are reported to have been kept concealed by him for seizure of the
documents/things and inventory of assets to assess the extent of assets possessed
by him.

1. The Office Chamber of Sri ….. (Name and detail address of SO where search
will be conducted)
2. The residence of Sri ……(Name and detail address of SO where search will
be conducted).
3. The parental house of Sri……. (Name and detail address of SO where search
will be conducted).
4. The father-in-law’s house of Sri …. Name and detail address of SO where
search will be conducted).
5. Any other place (where there is every likelihood of keeping/concealing
documents relating to investments made by the SO in his name and in the
name of his family/relative)

Yours faithfully,

Full Name of IO
Signature
Designation

Submitted to the Hon’ble Court of CJM, Vigilance, Cuttack.

The Search Warrant may kindly be issued.

Superintendent of Police,
Vigilance Cell, Cuttack
 194

SAMPLE SEARCH WARRANT U/S 93 Cr.P.C.

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE

(See Section 93)

To

The Superintendent of Police,

Vigilance Directorate (Cell)
C u t t a c k.

Ref: Cuttack Vigilance Misc. Case No. of 2007, U/s.

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

Whereas information has been laid
before me of the suspected commission
of the offence
and it has been made to appear to me
that
is essential to the enquiry now being
made of about to be made
This is to authorize and require you to
search for the
Criminal Misconduct U/s. 13(2) r/w
13(1)(e) of the Prevention of Corruption
Act, 1988 by …………………………
Production of documents relating to
purchase of land, construction of
houses, purchase of TV, Refrigerator,
Jewellery and other household articles
investment in Bank and Post
Offices/purchase of shares/debentures
etc. and things.
of Criminal Misconduct.
said documents relating to purchase of
lands construction of house, purchase
of household articles, jewellery,
investment in banks/ post offices/
companies etc. mentioned about and
seizure of the same and to make in
inventory of all Movable Assets, found
in his possession of his family
members.

In the …………………………………………., and, if found, to produce the

same forthwith before this Court, returning this Warrant, with an endorsement
certifying what you have done under it, immediately upon its execution by

Dated, this day of 2007

Seal of the Court

( S i g n a t u r e)
 195

SAMPLE REQUISITION FOR BANK RECORDS.

OFFICE OF THE SUPERINTENDENT OF POLICE, VIGILANCE: CUTTACK

DIVISON: CUTTACK.

No. _______________/Vig. Dated:

To
The Manager,
………………. Bank.

Ref: ……………. Vigilance P.S. case No. ……… dt. …………..

Sub: Scrutiny of Bank records.

Sir,
In connection with the investigation of the above noted case, it is
necessary to collect the information regarding Bank Accounts or any other deposits
made by Sri / Smt. …………………………………………………………. in his/her
name or in the name of his/her family members namely ;

1.
2.
3.

In exercise of the power conferred upon me u/s 18 of the P.C. Act,

1988, I request you to verify the Bank records in his/her name or in the name of
his/her family members as noted above and if so, copy of the ledger accounts may
please be sent to the undersigned. It may be also intimated if he has any locker in
his/ her name or in the name of his/her family members.

In case any locker or Bank Accounts is being maintained in the name

of the above, the locker may please be seized and no withdrawal should be allowed
from the Bank Account till clearance from this office since the enquiry is under
progress and vital evidence may come out from the Bank Locker / Account.

I am also authorizing Sri …………………………………. , DSP /

Inspector, Vigilance to contact you in this regard.

This is as per provision of the Prevention of Corruption Act, 1988 and

Indian Penal Code.

Yours faithfully,

S.P., Vigilance,
…………. Division.
 196

SAMPLE REQUISITION FOR PAY PARTICULARS.

OFFICE OF THE ……………………………………………………………………

No. ______________/Vig. Dated:

To
……………………………..

……………………………..

Ref: Cuttack Vigilance P.S. case No. against

Sub: Supply of pay particulars, property statement and personal files in

respect of Sri ………………………………………………………………
Sir,

In connection with investigation the above noted case, it is required to

collect the salary, loan and advance particulars of Sri ……………………. for the
entire period of service in your organization which may kindly be furnished to the
undersigned in the proforma given below alongwith GPF withdrawal, loan taken etc.

It may also be verified and intimated if Sri ………………….. had ever

submitted property statement in your establishment during his tenure of his service in
your district so that steps can be taken for its opening.

The personal files of the above noted officer may please be made
available to the undersigned for scrutiny and seizure if necessary.

Yours faithfully,

Investigating Officer (I.O.)

Month Pay D.P. D.A. H.R.A. Other Gross total

Allowance

Deduction Total Net Pay Bill No. &

Date.
GPF LIC HB Other
Advance deduction
 197

SAMPLE RQUISITION FOR INCOME TAX RETURNS.

INCOME TAX RULES, 1962
FORM NO. 46
(See Rule 118)

(Application for information under Clause (b) of Sub-Section (I) of Sanction – 138 of
the Income Tax Act, 1961

To
_________________

_________________

Sir,

I request you to furnish information relating to (here give name, status

and complete address of the Assessee)………….. in respect of the assessment year

commencing on the Ist day of April,………. on the following points.

I. 1.

2.

3.

II. The above information is required by me for the following reason

1.

2.

3.

Signature of the Applicant/ I.O.

(Name & Designation of the applicant in Capital Letters)
 198

SAMPLE REQUISITION FOR LAND PARTICULARS.

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Dt.

To

The Tahasildar
……………..

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: Supply of land particulars

*****
Sir,

In connection with the investigation of the above noted case, it is

required to ascertain the details of the landed property, both paternal and acquired
(by way of purchase, gift, etc) of Sri…………..(name of SO), s/o……………..(Father’s
name), of ……………….. and his family members namely (1)………..(2)……… etc.
under your Tahasil jurisdiction, which may please be furnished immediately in the
enclosed proforma. In respect of acquired property by way of purchase or gift etc. the
mutation case reference with sale deed No. and date and place of registration may
also be furnished.
Deed No. & date, Name of Sub-
mutation case No. & date, Sale
Recorded owner as per ROR

Land revenue paid date-wise

Individual share of SO name

The acquired property/

Registrar be furnished
Single crop or double
Irrigated or rain fed
Kisam of land
Mouza & PS

Khata No.

Plot No.

Area

1 2 3 4 5 6 7 8 9 10 11

Yours faithfully,

Superintendent of Police,
Vigilance ……………
 199

SAMPLE REQUISITION FOR LAND PARTICULARS.

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Dt.

To

The District Sub-Registration Officer,

Bhubaneswar

Ref: ……..Vigilance PS Case No dt U/s. 13(2) r/w 13(1)(e) P.C. Act

against

Sub: To provide the certified copies of documents No………… dt………….

Mouza…………….

*****
Sir,

During investigation of the above referred case, Sale Deed No……….

dt…… mouza…………… of ……….. executed in favour of ………………… The
following information/documents are required for the purpose of investigation.

1. Certified copy of Sale Deed

2. Stamp Duty paid/Registration fee paid
3. As per normal practice who pays the stamp duty

It is, therefore, requested to provide the aforementioned

documents/information to the undersigned early. The certified deed is likely to be
exhibited in the Court of Law during trial of the case, hence the same may be
provided free of cost.

Yours faithfully,

Superintendent of Police,
Vigilance ………….
 200

SAMPLE REQUISITION FOR ELECTRICITY PAYMENT

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Dt.

To

The SDO, Commercial,

CESCO/WESCO/NESCO & SESCO,
…………………………………

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: To provide information relating to payments made towards Electricity

connection and monthly rent of Consumer Number…………….

*****
Sir,

For the purpose of investigation of the above referred case, it is

required to ascertain the following details in respect of Consumer No………..
installed in the residence of Sri………(Name of SO) located at ……………(address).

It is, therefore, requested to provide the following details in respect of

the above Electric Meter Connection to the undersigned early.

Information required:

1. Date of application for installation of meter and name of the applicant.

2. Date of installation of electric meter and connection given to the
place/house where the meter has been installed as per your record.
3. Amount paid as security deposit/installation charges etc.
4. Monthly electricity consumption charges paid from the date of connection
till……….. (date of search) and mode of payment.
5. Whether the connection is commercial or domestic category & type of
Kilowatt.
6. Whether any other Electric Meter installed in the same building. If so the
details of installation and charges paid thereof.
Yours faithfully,

Superintendent of Police,
Vigilance ………………………

Memo No._________/Vig. Dated

Copy to IO ……………….. for information.

 201

SAMPLE REQUISITION FOR WATER CHARGES.

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Cell Dt.

To

The SDO,
P.H. Sub-Division,
…………………

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: To provide information relating to payments made towards Water

Supply Connection

*****
Sir,

For the purpose of investigation of the above referred case, it is

required to ascertain the following details in respect of Water Supply Connection of
Consumer No……….. and ……….. which was installed in the residence of
Sri………(Name of SO) located at ……………(address)

It is, therefore, requested to provide the following details in respect of

the above telephones to the undersigned early.

Information required:

1. Date of application for Water Supply Connection and name of the

applicant.
2. Date of connection given to the place/house as per your record.
3. Amount paid as security charges etc. if any.
4. Monthly consumption charges paid from the date of connection till………..
(date of search) and mode of payment.

Yours faithfully,

Superintendent of Police,
Vigilance …………………

Memo No._________/Vig.Cell Dated

Copy to IO…………….. for information.

 202

SAMPLE REQUISITION FOR TELEPHONE CHARGES.

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Dt.

To
The Chief Vigilance Officer,
Office of the Chief General Manager,
………….. Telecom Circle

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: To provide information relating to payments made towards Telephone

Number…………….

*****
Sir,

For the purpose of investigation of the above referred case, it is

required to ascertain the following details in respect of Telephone No……….. and
……….. which were installed in the residence of Sri………(Name of SO) located at
……………(address)

It is, therefore, requested to provide the following details in respect of

the above telephones to the undersigned early.

Information required:

1. Date of installation of the telephones

2. Address of the holder as per your record
3. Date of application
4. Amount paid as security deposit/installation charges etc.
5. Telephone rent and call charges paid bimonthly and mode of payment
(through cheque/draft) be furnished

Yours faithfully,

(xxxxxxxxxxx)
Inspector of Police,
Vigilance …………………

Memo No._________/Vig. Dated

Copy submitted to Superintendent of Police, Vigilance, Cell, Cuttack

for information.
 203

SAMPLE REQUISITION FOR TAX PAID TO MUNICIPALITY/ N.A.C.

OFFICE OF THE …………………………, VIGILANCE, ………………

NO. /VIG. CELL DT.

To

The Executive Officer / Commissioner,

………………… Municipality / Corporation.

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: To provide information / documents.

Sir,

Investigation revealed that Sri………………… (Name of SO)

constructed a double storeyed house on Plot No. ……………….. of ………………..
area which is under Municipal jurisdiction. For the purpose of investigation, the
following information are required.

1. Date of plan approval, whether for single storeyed/double storeyed.

2. Payment made by the owner towards plan approval
3. Date/period of completion of construction of the said house and date of
assessment of holding tax.
4. Amount of holding tax paid from the date of assessment till ………
5. Certified copy of plan with approval letter.

It is therefore requested to provide the aforementioned information/

documents to the undersigned early/immediately.

Yours faithfully

Superintendent of Police
Vigilance ……………...
 204

SAMPLE REQUISITION FOR CONSUMPTION OF FUEL.

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Dt.

To

The Motor Vehicle Inspector,

…………………….

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: To provide maintenance cost and cost towards consumption of fuel.

*****
Sir,

During house search in the above referred case, the vehicle

No………… with KM reading ……………….. and No……………… with KM
reading………… were found. The date of purchase of the vehicles are ………………
and ……………

It is, therefore, requested to furnish the following informations to the

undersigned early.

1. Maintenance cost towards both the vehicles

2. Expenditure incurred towards consumption of fuel

Yours faithfully,

Superintendent of Police,
Vigilance ……………
 205

SAMPLE REQUISITION FOR CHARGES OF MAINTENANCE/COST OF PETS.

OFFICE OF THE …………………………, VIGILANCE, ………………

No._________/Vig. Cell Dt.

To

The Veterinary Asst. Surgeon,

…………………….

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: To provide maintenance cost of pet and cost of the pet.

*****
Sir,

During search in the house of Sri………………. (name of SO) in the

above referred case one …………… (Dog/Cow etc) found which Sri
…………………(name of SO) maintaining since …………….

For the purpose of investigation, it is essential to know the following

informations.
1. Maintenance cost towards pet
2. Cost of purchase of pet
3. Average yield per month/year.

Yours faithfully,

Superintendent of Police,
Vigilance ……………..
 206

SAMPLE FOR OPENING OF PROPERTY STATEMENT.

OFFICE OF THE …………………………, VIGILANCE, ………………

NO. /VIG. DT.

To

The Special Secretary to Government,

General Administration Department,
Orissa, Bhubaneswar.

Ref: …………… Vigilance PS Case No……. dt………. U/s. 13(2) r/w

13(1)(e) P.C. Act against ……………………

Sub: Opening of property statement of Sri ………………….

Sir,

In connection with investigation of the above referred criminal case,

regarding possession of assets disproportionate to his known sources of income by

Sri………………… (Name of SO) , it is essential to scrutinize the property statement

submitted by the above noted officer to government from time to time.

It is therefore requested that necessary instruction may please be

issued to the concerned official having custody of property statements of Sri

……………………… (name of SO) to open the same in presence of the IO Sri

………………(Name of IO) and supply the certified Xerox copies of the same to him.

A suitable date may kindly be fixed and intimated to the undersigned so that the IO

will meet the concerned officer having custody of the property statement for the

purpose.

Yours faithfully

Superintendent of Police
Vigilance .
Memo No._________/Vig.Cell Dated

Copy to Sri ….(Name of IO) for information and necessary action.

 207

Government of Orissa
Political & Services Department
…

M. No. 2141(90)/SE Dated. Bhubaneswar the 28th June,1967

To
All Departments of Government,
Heads of Departments.

Sub:- Procedure in opening property statement of a Government

Servant.
…

The undersigned is directed to say that when a property statement of

a Gazetted Officer is required in Vigilance, ordinarily the latter will request the
custodian officer to make it available to him and in normal course the custodian
officer will hand it over to him after examining that it is in tact in a sealed cover. The
requisitioning officer (enquiring officer) will them open it and use it for the purpose of
enquiry. A doubt has been raised by some Departments as the whether this normal
way of delivery and opening of the property statement is sufficient and whether a
definite procedure should not be laid down for guidance. After careful consideration
Government have been pleased to lay down the following procedure in opening the
property statement of an officer in an enquiry to exclude the possibility of compliant of
interpolation in the statement.

If an authority competent to call for the statement of a Gazetted Officer

in connection with an enquiry or other wise, desires to have it, he may ask the
authority and custodian of the property statement to make it available to him with the
permission of the next higher authority. The custodian authority, after satisfying
himself that the statement is in tact in a sealed cover, will hand it over to the
requisitioning authority who will open it in presence of the custodian authority and
sign in each page of the statement and the custodian authority will also sign in each
page. A copy of the statement may be retained by the custodian authority and will be
signed by the requisitioning authority as well as the custodian authority to keep it in
the Department, if the original is required by the enquiring authority for the purpose of
enquiry. Ordinarily, a true copy of the statement attested by the custodian officer may
be given to the requisitioning authority and the original retained by the custodian
authority.
Sd/- S.N. Sharma
Additional Secretary to Government

***
 208

CHAPTER –XI
Arrest / Suspension / Dismissal

The Investigating Officer can arrest a person concerned in the

commission of a cognizable offence without a warrant.

So far as the investigation of all the offences under the P.C. Act, 1988
and the arrest there under are concerned, it is to be mentioned here that all the
Vigilance Officers of and above the rank of Inspector of our State have been
authorized by our State Government to investigate into all the offences under this Act
& other related offences of any other Acts/Laws therewith and make arrest of any
person/persons concerned in the commission of those offences without any warrant,
where the circumstances/merits/evidences of the offence so demand.

While dealing with the subject of “Arrest”, it would be expedient to

discuss here some important general and common factors relating to arrest with
reference to the relevant provisions laid down in Chapter-V of the Cr.P.C. on the
subject of “Arrest” which are commonly applicable to the investigating and law
enforcing agencies of Police and Vigilance Police while making/effecting any arrest.
Those are indicated below for reference, guidance, necessary precautionary
measures and lawful action accordingly.

Sec.41(1) Cr.P.C. : When Police may arrest without warrant – Any

Police Officer may without an order from a Magistrate and without a warrant, arrest
any person – (a) who has been concerned in any cognizable offence or against
whom a reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been so concerned.

XXXXXX

Sec. 41(1)(e) : Who obstructs a Police Officer while in the execution of

his duty or who has escaped or attempts to escape, from lawful custody.

XXXX XXXX XXXX

Sec. 41(1)(i) : For whose arrest any requisition, whether written or

oral, has been received from another Police Officer, provided that the requisition
specifies the person to be arrested and the offence or the other cause for which the
arrest is to be made and it appears there from that the persons might lawfully be
arrested without a warrant by the officer who issued the requisition.
 209

Sec.46(1) Cr.P.C.: Arrest how made – In making an arrest the Police

Officer or other person making the same shall actually touch or confine the body of
the person to be arrested, unless there be a submission to the custody by word or
action.

Sec.46(2) : If such person forcibly resists the endeavour to arrest him,

or attempts to evade the arrest, such Police Officer or other person may use all
means necessary to effect the arrest.

Sec. 46(3) : Nothing in this section gives a right to cause the death of
a person who is not accused of an offence punishable with death or with
imprisonment for life.

Sec.46(4) : Save in exceptional circumstances, no woman shall be

arrested after sunset and before sunrise, and where such exceptional circumstances
exist, the woman police officer shall, by making a written report, obtain the prior
permission of the Judicial Magistrate of the first class within whose local jurisdiction
the offence is committed or the arrest is to be made.

Cr.P.C. (Amendment Act, 2005 (Notes on Clauses)

Sub-section (4) of Sec – 46 has been added to prohibit arrest of a

woman after sunset and before sunrise except in exceptional circumstances and
where such circumstances exist the prior permission of the Judicial Magistrate of the
first class is to be obtained. (w.e.f. 23.6.2006)

Sec. 49 : No unnecessary restraint – The person arrested shall not

be subjected to more restraint than is necessary to prevent his escape.

Sec. 50 : Person arrested to be informed of grounds of arrest

and of right to bail. – (1) Every police officer or other person arresting any person
without warrant shall forthwith communicate to him full particulars of the offence for
which he is arrested or other grounds for such arrest.

(2) Where a police officer arrests without warrant any person other
than a person accused of a non-bail able offence, he shall inform the person arrested
that he is entitled to be released on bail and that he may arrange for sureties on his
behalf.
 210

Sec. 50(A): Obligation of person making arrest to inform about

the arrest, etc. to a nominated person. – (1) Every police officer or other person
making any arrest under this Code shall forthwith give the information regarding such
arrest and place where the arrested person is being held to any of his friends,
relatives or such other persons as may be disclosed or nominated by the arrested
person for the purpose of giving such information.

(2) The police officer shall inform the arrested person of his rights
under sub-section (1) as soon as he is brought to the police station.

(3) An entry of the fact as to who has been informed of the arrest of
such person shall be made in a book to be kept in the police station in such form as
may be prescribed in this behalf by the State Government i.e. Station Diary.

(4) It shall be the duty of the Magistrate before whom such arrested
person is produced, to satisfy himself that the requirements of sub-section (2) and
sub-section (3) have been complied with in respect of such arrested person. (New
Sec. inserted with effect from 23.6.2006)

Sec. 54 : Examination of arrested person by medical practitioner

at the request of the arrested person. – (1) When a person who is arrested,
whether on a charge or otherwise, alleges, at the time when he is produced before a
Magistrate or at any time during the period of his detention in custody that the
examination of his body will afford evidence which will disprove the commission by
him of any offence or which will establish the commission by any other person of any
offence against his body, the Magistrate shall, if requested by the arrested person so
to do direct the examination of the body of such person by a registered medical
practioner unless the Magistrate considers that the request is made for the purpose
of vexation or delay or for defeating the ends of justice.

(2) Where an examination is made under sub-section (1), a copy of

the report of such examination shall be furnished by the registered medical
practitioner to the arrested person or the person nominated by such arrested person.
(w.e.f. 23.6.2006)
 211

[54(A) : Identification of person arrested. – Where a person is arrested on

a charge of committing an offence and his identification by any other person or
persons is considered necessary for the purpose of investigation of such offence, the
Court, having jurisdiction, may on the request of the officer in charge of a police
station, direct the person so arrested to subject himself to identification by any person
or persons in such manner as the Court may deem fit.] (w.e.f. 23.6.2006)

Sec.56: Person arrested to be taken before Magistrate or officer

in charge of police station – A police officer making an arrest without warrant shall,
without unnecessary delay and subject to the provisions herein contained as to bail,
take or send the person arrested before a Magistrate having jurisdiction in the case,
or before the officer in charge of a police station.

Sec.57: Person arrested not to be detained more than twenty-four

hours. – No police officer shall detain in custody a person arrested without warrant
for a longer period than under all the circumstances of the case is reasonable, and
such period shall not, in the absence of a special order of a Magistrate under section
167, exceed twenty-four hours exclusive of the time necessary for the journey from
the place of arrest to the Magistrate’s Court.

Where any such arrest is made during investigation of the case, it has
to be ensured without any deviation that the accused person so arrested in the case
is forwarded to the competent Court of law, having jurisdiction over the case and
area, within 24 hours from the time of arrest – strictly following all the procedural
provisions of the Cr.P.C. as indicated above and all other lawful directions thereon in
force from time to time, strictly guarding against any form of torture or any kind of
cruel, in-human or degrading treatment during investigation, interrogation or under
any other circumstance which fall within the inhibitory provisions of Art-21 of the
Indian Constitution with reference to the observations and orders of the Supreme
Court in the verdict pronounced in the writ petition (Crl.) No.539 of 1986 with writ
petition (Crl) No.592 of 1987 – D.K.Basu – Petitioner – Vrs. – State of West Bengal –
Respondent with Ashok K. Johri – Respondent – Vrs. – State of U.P. – respondent –
which was reported in AIR 1997 – Supreme Court – 610. The relevant extract of the
same is mentioned below for information, guidance and action accordingly.
 212

AIR 1997 SUPREME COURT 610, KULDIP SINGH AND DR.A.S.ANAND, JJ.

Writ Petition (Crl) No. 539 of 1986, with Writ Petition (Crl.) No. 592 of 1987 , D/-
18.12.1996.

D.K. Basu ,Petitioner ,State of West Bengal, Respondent.

with

Ashok K. Johri, Respondent v.State of U.P. , Respondent

(A) Constitution of India, Arts. 21,22(1)- Custodial deaths- Any form of torture or
cruel, inhuman or degrading treatment-Fall within inhibition of Art. 21, whether it
occurs during investigation, interrogation or other. Wise-Supreme court issued the
requirement to be followed in all cases of arrest or detention till legal provisions are
made in that behalf as preventive measures.

Custodial death is perhaps one of the worst crimes in a civilized

society governed by the Rules of Law. The rights inherent in Articles 21 and 22(1) of
the Constitution require to be jealously and scrupulously protected. Court cannot
wash away the problem. Any form of torture of cruel, inhuman or degrading treatment
would fall within the inhibition of Article 21 of the Constitution, whether it occurs
during investigation, interrogation or other wise. If the functionaries of the
Government become law breakers, it is bound to breed contempt for law and would
encourage lawlessness and every man would have the tendency to become law unto
himself thereby leading to anarchism. No civilized nation can permit that to happen.
Does a citizen shed off his fundamental right to life, the moment a policeman arrests
him? Can the right to life of a citizen be put in abeyance on his arrest? These
questions touch the spinal cord of human rights jurisprudence. The answer, indeed,
has to be an emphatic ‘No’. The precious right guaranteed by Article 21 of the
Constitution of India cannot be denied to convicts, under trials, detenue and other
prisoners in custody, except according to the procedure established by law by
placing such reasonable restrictions as are permitted by law.
(Para-22)

Therefore the Supreme Court issued the following requirement to be followed

in all cases of arrest or detention till legal provisions are made in that behalf as
preventive measures:

1. The police personnel carrying out the arrest and handling the interrogation of
the arrestee should bear accurate, visible and clear identification and name tags with
 213

their designations. The particulars of all such police personnel who handle
interrogation of the arrestee must be recorded in a register.

2. The police officer carrying out the arrest of the arrestee shall prepare a memo
of arrest at the time of arrest and such memo shall be attested by at least one
witness. Who may be either a member of the family of the arrestee or a respectable
person of the locality from where the arrest is made. It shall also be counter signed
by the arrestee and shall contain the time and date of arrest.

3. A person who has been arrested or detained and is being held in custody in a
police station or interrogation centre or other lock up, shall be entitled to have one
friend or relative or other person known to him or having interest in his welfare being
informed, as soon as practicable, that he has been arrested and is being detained at
the particular place, unless the attesting witness of the memo of arrest is himself
such a friend or a relative of the arrestee.

4. The time, place of arrest and venue of custody of an arrestee must be notified
by the police where the next friend or relative of the arrestee lives outside the district
or town through the Legal Aid Organisation in the District and the police station of the
area concerned telegraphically within a period of 8 to 12 hours after the arrest.

5. The person arrested must be made aware of this right to have someone
informed of his arrest or detention as soon as he is put under arrest or is detained.

6. An entry must be made in the diary at the place of detention regarding the
arrest of the person which shall also disclose the name of the next friend of the
person who has been informed of the arrest and the names and particulars of the
police officials in whose custody the arrestee is.

7. The arrestee should, where he so requests, be also examined at the time of

his arrest and major and minor injuries, if any present on his/her body, must be
recorded at that time. The “Inspection Memo” must be signed both by the arrestee
and the police officer effecting the arrest and its copy provided to the arrestee.

8. The arrestee should be subjected to medical examination by a trained doctor

every 48 hours during his detention in custody by a doctor on the panel of approved
doctors appointed by Director, Health Services of the concerned State or Union
Territory. Director, Health Services should prepare such a panel for all Tahsils and
Districts as well.
 214

9. Copies of all the documents including the memo of arrest, referred to above,
should be sent to the illaqa Magistrate for his record.

10. The arrestee may be permitted to meet his lawyer during interrogation,
though not through out the interrogation.

11. A Police control room should be provided at all Districts and State
Headquarters, where information regarding the arrest and the place of custody of the
arrestee shall be communicated by the officer causing the arrest, within 12 hours of
effecting the arrest and at the police central room it should be displayed on a
conspicuous notice board.
(Para-36)

Failure to comply with the said requirements shall apart from rendering the
concerned official liable for departmental action, also render him liable to be
punished for contempt of court and the proceedings for contempt of court may be
instituted in any High Court of the country, having territorial jurisdiction over the
matter.
(Para-37)

The requirements, flow from Articles 21 and 22(1) of the Constitution and
need to be strictly followed. These would apply with equal force to the other
Governmental agencies also like Directorate of Revenue Intelligence, Directorate of
Enforcement, Coastal Guard, Central Reserve Police Force (CRPF), Border Security
Force (BSF), the Central Industrial Security Force (CISF, the State Armed Police,
Intelligence Agencies like the Intelligence Bureau, RAW, Central Bureau of
Investigation (CBI), Criminal Investigation Department ( CID), Traffic Police, Mounted
Police and Indo Tibetan Border Police (ITBP).
( Para -38)

These requirements are in addition to the constitutional and statutory

safeguards and do not detract from various other directions given by the courts from
time to time in connection with the safeguarding of the rights and dignity of the
arrestee.
( Para -39)
 215

Guidelines for Arrest and Forwarding of accused in certain categories and

selected cases.

To streamline the issue of arresting and forwarding of accused in

Vigilance cases, the following guidelines should be observed.

1. In view of the direct evidence obtained in trap cases, the accused may
be arrested and forwarded in custody. Clearance in this regard may be taken from
the authority competent to pass orders for registration of criminal cases i.e., the
S.P./DIG/IG/Director, depending on the category of the accused public servant. In
those trap cases, however, where there is any doubt on the genuineness of the
transaction or the situation is otherwise not conducive, arrest and forwarding of the
accused may be deferred or bail granted. In such exceptional cases, the discretion
vests with the Divisional S.P.

2. It has also been observed, that even in cases, involving IPC offences
besides those of the P.C. Act, indicating deep-rooted criminal conspiracy and a
regular racket/scam, requiring police remand, there is a general tendency to avoid
the same, presumably due to the extra labour involved therein. But then, in complex
cases where investigation so requires, there should be no reluctance to avail the
relevant Cr.P.C. provision, to take the investigation forward by obtaining police
remand and custodial interrogation. Besides, evidence U/s 27 Indian Evidence Act,
“Statement leading to discovery of a fact”, is possible only under police remand.
Needless to say, police remand should be sought only in select and appropriate
cases, and not as a matter of routine. The guidelines given by the Apex Court in D.K.
Basu case have to be scrupulously observed in all such cases.

3. The objective of arrest and obtaining in custody of police remand and

custodial interrogation is two fold, namely, to create the right climate for a fair and
free investigation, and to carry the investigation forward by eliciting more evidence.
Ss.P are to be impressed upon the need to apply themselves fully to this vital aspect,
bearing upon the quality of investigation, and at the same time, contributing to the
over all deterrent effect of the Vigilance enforcement.
 216

Suspension

Regarding placing a Government Servant under suspension, Rule 12

of the Orissa Civil Services Classification Control & Appeal Rules, 1962 may be
followed where the continuance of the public servant in the post is considered
detrimental in the public interest and a case is instituted, his suspension may be
recommended.

As per circular No. 2/2005 periodical review of suspension of public

servants in Vigilance cases may be taken up in every three months without waiting
for any communication in this regard from the Government/respective Department

For this purpose, the data of all the public servants who have been
suspended on the recommendation of Vigilance Department shall be fed in the
computer, as provided by the DSP (Coordination) on collection of the same from
DSP(N) / DSP(S)/S.P. Cell. At the end of every month, the list of all such suspended
public servants, who have completed 3 months of suspension, should be put up in
file to the Director through D.Is.G/ Is.G concerned for perusal.

In respect of Class-III officials (Supervisory level), a Review

Committee, consisting of D.Is.G. / Is.G. will review every month the cases of
suspended public servants who have completed 3 months of suspension, and
recommend the revocation of suspension and reinstatement of the concerned official,
or further continuance of suspension, depending on the facts and circumstances of
each case, as well as the conduct of the official in the matter of cooperation with the
investigating officer, non-interference with the course of investigation, non-
intimidation/ influencing the witnesses, etc. based upon reports from the jurisdictional
Vigilance Superintendents of Police of Divisions.
The recommendations of the Review Committee will be put up in file
every month to the Director, Vigilance who will decide on all such cases and report
the same to the Chief Secy. for information and appropriate action.

In respect of Class-I and Class-II officers, while the Vigilance

Department will await communication from the Government calling for views of the
Vigilance Department on revocation of suspension, the same exercise of periodical
review and decision will be done as well as in the case of the Class-III employees
and kept ready for report to the Government, as and when due.
 217

Dismissal
Consequent upon the conviction of a public servant on a corruption/
criminal charge in the court of law, the convicted public servant is liable to be
dismissed from the service in terms of Article 311(2) of the Constitution of India and
Rules 13 r/w 18(1) of the O.C.S(CC & A) Rules, 1962. In support of this, the
observation /orders of the Apex Court are quoted below for reference and necessary
action accordingly in the matter.

At times, such public servant goes in appeal against the orders of

conviction together with prayer for suspension of orders of conviction /sentence of
imprisonment. In this regard, Judgement of the Apex court in criminal appeal No. 770
of 2001 –K.C. Sareen Vrs. CBI, Chandigarh, rejecting the said prayer, is relevant
which reads- Public Servant convicted on a corruption charge- is not entitled to hold
public office-Suspension of order of Conviction during pendency of appeal or revision
– not permissible.

The relevant portions of the judgment are quoted below.

“When a public servant, who is convicted of corruption, is allowed to

continue to hold public office, it would impair the morale of the other persons
manning such office, and consequently that would erode the already shrunk
confidence of the people in such public institutions besides demoralizing the other
honest public servants who would either be the colleagues or subordinates of the
convicted person. If honest public servants are compelled to take orders from
proclaimed corrupt officers on account of the suspension of the conviction, the fall out
would be one of shaking the system itself. Hence, it is necessary that the court
should not aid the public servant who stand convicted for corruption charges to hold
any public office until he is exonerated after conducting a judicial adjudication at the
appellate or revisional level”.

“The more appropriate course in all such cases is to take action under
clause (a) of the second proviso to Article 311(2), once a government servant is
convicted of a criminal charge and not to wait for the appeal or revision, as the case
may be. If, however, the government servant accused is acquitted on appeal or other
proceeding, the order can always be revised and if the government servant is
reinstated , he will be entitled to all the benefits to which he would have been entitled
to , had he continued in service. The other course suggested, viz., to wait till the
appeal, revision and other remedies are over, would not be advisable since it would
mean continuing in service of a person who has been convicted of a serious offence
by a criminal court”.

The judgement passed by the Supreme Court in criminal appeal No.

1506-1507 /2003 State of Maharastra Vrs Gajanana and another, holding the same
view, may also be referred to as pertinent to the subject.

Copies of both the judgements and extract of article 311 of the constitution of India
are placed in the Appendices as Appendix -11(a) (b) (ii).

***
 218

CHAPTER –XII
Trial of Cases

(1) In exercise of the powers conferred by Section-3 of the Prevention of

Corruption Act, 1988 the State Government in Home Department have appointed
Special Judge, Vigilance with Headquarters at Bhubaneswar, Sambalpur,
,Berhampur , Balasore , Cuttack , Koraput (Jeypore) & Bolangir to try all offences
triable by a Special Judge specified in the Section 3 (1) of the Prevention of
Corruption Act, 1988. They will try offences under:-

(a) Any offence punishable under the P.C. Act, 1988.

(b) Any conspiracy to commit or any attempt to commit or any abetment

of any of the offences specified above.

(c) When trying any case a Special Judge may also try any offence other
than offence specified above with which the accused may, under the
code of criminal procedure, 1973 be charged at the same trial.

(2) The newly enacted Orissa Special Courts Act, 2006 provides for the
constitution of Special Courts for speedy trial of disproportionate assets cases
against persons holding high political and public offices and for confiscation of the
properties involved. Accordingly, Government in Home Department vide Notification
No. 3810/C and 3813 /C both dated 16.11.2007 issued orders for opening of one
Special court each at Cuttack and Bhubaneswar respectively. The said courts were
opened on 17.5.08.

Authorized officers of the special courts

Post of two authorized officers in the rank of Additional District and

Session Judge were created vide Home Department Letter No. 66/C dated 4.1.2008.

In pursuance of Clause (a) of Section -2 of the Orissa Special Courts

Act, 2006 ( Orissa Act-9 of 2007) read with Rule -9 (1) of the Orissa Special Courts
Rules-2007, the State Government with the concurrence of the Hon’ble High Court
of Orissa nominated the Addl. District & Session Judge, Cuttack to remain in-charge
of the Authorised officers of the Special Courts vide Notification No. 2326 dt. 14.5.08
of Home Department Similarly Addl. District & Session Judge, Khurda was
nominated to remain in-charge of the authorized officers of the Special Court,
Bhubaneswar vide Notification No. 2332/C dated 14.5.08 of Home Department.
 219

Accordingly, in accordance with the Notification No. 3589/C of

5.8.2008 and No. 3593/C dt. 5.8.2008 of the Government of Orissa in Home (Special
Section) Department, two judicial officers in the rank of the Addl. District & Sessions
Judge have been appointed as the Authorised officers of the Special courts at
Cuttack and at Bhubaneswar respectively to take up the proceedings pertaining to
confiscation of disproportionate assets of the accused public servant concerned and
pass appropriate orders in accordance with the relevant provisions of law. In
consonance with the above mentioned notifications, the two judicial officers in the
rank as aforesaid have assumed their duties as the authorized officers of the Special
courts at Cuttack and at Bhubaneswar w.e.f.14.8.2008.

Apart from the two Special Courts opened at Cuttack and

Bhubaneswar, there are 9 Special Judge Courts, one each at Cuttack, Sambalpur,
Balasore, Bolangir ,Berhampur, Koraput (Jeypore) and 3 courts at Bhubaneswar.
Government have also issued Notification for establishment of three more Special
Judge Courts ( Vigilance ) ,one each at Bhawanipatna, Phulbani, and Keonjhar.

(3) A person shall not be qualified for appointment as Special Judge

under the Prevention of Corruption Act, 1988 Act unless he is or has been a
Sessions Judge or Additional Sessions Judge or Assistant Sessions Judge under the
Cr.P.C.

(4) In addition to the existing Special P.Ps/Addl. Spl.P.P., Government

have been pleased to accord sanction for creation of posts of two public prosecutors
and two Additional Public Prosecutors for the two special courts to conduct the
Vigilance Cases (Ref: Vigilance Directorate O.O. No. 714/VE dt. 15.3.08).

Two Prosecuting Inspectors are attached to the two Special Courts at

Cuttack and Bhubaneswar. They will be under the administrative control of
Superintendent of Police, Vigilance Cell as most of the cases of the Special Court are
arising out of investigation made by the Vigilance Cell.

The P.I. attached to the Special Court, Cuttack will report to the S.P.
Vigilance Cell, everyday, get instructions from him and do the needful work for the
courts. Similarly, the P.I. attached to the Special Court, Bhubaneswar will report at
S.P. Vigilance Cell office, Bhubaneswar, get due instructions and act accordingly for
the court. (Ref: Office Order No. 2879/Vigilance dated 8.12.2008)
 220

Monitoring /Progress of Pending Trial Cases

Ref:- Circular Order No. 4/99.

There is imperative necessity of expediting the trial process in

Vigilance cases to make an impact on unscrupulous public servants. Non-attendance

of witnesses is often held to be a major factor for delay of trial .Hence monitoring trial

of such cases in different courts and submitting progress reports by the Divisional

Superintendents of Police are important.

2. Thus the Divisional Ss.P are to attach an officer of the rank of

Inspector to the courts of the Special Judge/Special courts to act as Prosecuting

Inspector. They will be the main Liaison officer between the Vigilance courts, the Spl.

P.P.s/ Addl. Spl. P.Ps and S.P.’s office and take all possible steps to procure

attendance of witnesses and ensure production of exhibits in due time. They will

receive all summons and processes issued by the Vigilance courts, maintain a

forward diary, and ensure service of the summons and processes by the Divisions

well in time and return the duplicate copies to the courts before the date fixed.

Where there has been change of addresses of the witnesses/Sanctioning authorities

in the meantime, the Divisional Ss.P will ascertain the present address of

witnesses/sanctioning authorities promptly and ensure service of summons and

processes on them. S.P.’s personal interest in removing the bottle-neck causing

delay in trial can hardly be over-emphasised. Thus the Addl. S.P. posted to Divisions

will closely monitor the functioning of the Prosecuting Inspector (P.I.) and bring all

matters which need intervention of the S.P. to his notice.

3. The P.Is through Divisional Ss.P. are to submit progress reports in

pending trial cases promptly on conclusion of the day’s trial to the Directorate in the

following proforma..
 221

PROGRESS REPORT OF CASES UNDER TRIAL

1. Sl. No. and Date :

2. Case Ref. & Date :
3. T. R. No. :
4. Date of submission of C.S. :
a) Date of receipt of C.S. by CJM :
b) Date of receipt of Case record in the court of :
Spl.Judge/Addl. Spl.Judge.
5. Date of supply of police paper :
6. a) Total No. of witnesses cited by prosecution :
b) No. of documents
c) No. of Material Objects
7. Name of the court trying the case :
8. Date of framing charge :
9. Date of issue of summons/warrants from the :
court to S.P.
10. Date of receipt of the summons/warrants by :
S.P. of the Division
11. Date of service of summons/warrants and its :
return to court
12. Name of witnesses examined and discharged :
since last P/R.
13. Points proved by witnesses during :
examination.
14. Progressive total of witness examined. :
15. Whether batta was given to the witnesses. :
16. Reasons as to why no witnesses examined :
or
Reasons for adjournment without any hearing. :
17. Whether seized documents have been :
produced in the court during trial. Furnish the
Malkhana reference.
18. Date of next adjournment :
19. Steps taken to speed up trial :
20. Remarks

Signature of the S.P.

 222

Instructions to expedite trial of cases pending in Vigilance Courts.

(Ref: Vigilance Circular Order No. 5/99)

Non-supply of police papers in time, citing large number of witnesses

in the charge-sheet and their examination during course of trial often resulting in
duplication or repetition of evidence of the witnesses over the same material fact, and
non-production of exhibits in the Courts on the due date of trial are factors largely
responsible for causing undue delay in the trial process. The Ss.P. to closely
monitor the trial process and take such necessary steps to remove the bottleneck
with a view to expediting the same. The following instructions relating to trial of
Vigilance cases are to be followed:

(1) It shall be the responsibility of the Ss.P. of the Vigilance Divisions to

supply a set of police papers (attested Xerox copies of Statements/ relevant
documents) along with the charge-sheet to the Court under proper
acknowledgement, so that on the date of appearance of the accused, the police
papers can be supplied to him. It is, therefore, necessary that the I.O. while
discussing the evidence of the case with the Spl. P.P. before submission of final form
should prepare the list of documents, copies of which are required to be supplied to
the accused in consultation with the Spl.P.P. The P.I. hereafter while acknowledging
the charge sheets, case diaries etc. will indicate in his certificate that copies of police
papers have also been received by him along with the case record.

(2) Large number of witnesses examined in course of investigation are

being cited as charge-sheet witnesses. Their examination during trial of the cases
often result in duplication and repetition of evidence relating to the same material
fact. It is, therefore, necessary to reduce the number of witnesses to the barest
minimum only to prove the prosecution points. This requires appreciation of evidence
on record and accordingly deciding the number of witnesses to be examined. The
I.O. during his discussion with the Spl.P.P. should also determine and list out the
number of witnesses to be cited in the charge-sheet who are required to be
summoned and examined during the trial process. In case some of these witnesses
turn hostile, the Spl.P.P. can request the court to summon other witnesses who had
been examined in course of the investigation to prove the particular point.

(3) In terms of Provisions of Section 294 of Cr.P.C., the evidence which is

admitted by the defence need not be adduced during trial through examination of
witnesses. The Spl. P.Ps. should be advised by the Divisional S.sP. before
commencement of trial of each case to take re-course to this provision of the Cr.P.C.
and reduce the number of witnesses required to be actually examined.

(4) (a) Non-appearance of the witnesses on the appointed date of trial

is a major factor, responsible for causing delay in trial of cases. In Vigilance cases
mostly public servants who are transferable are cited as witnesses. As trial of cases
commence years after submission of charge-sheet, it is necessary to find out the
 223

present address of the concerned witnesses. In those cases, the presiding officers of
the Vigilance Courts may be requested to issue summons and other processes
giving one month clear time to the Ss.P. to cause production of witnesses. The
Divisional Ss.P., therefore must ascertain the present whereabouts of the witnesses/
accused and ensure service of the summons on them well in advance and their
production in the Courts on the due date through execution of warrants and if
required. Ss.P. will instruct the Prosecuting Inspectors ( P.I.s) who are required to
maintain a Forward Diary of pending trial cases to note down the present addresses
of the witnesses after ascertaining the same well in advance. The acknowledged
copy of the summons should be returned to the Court in due time so that in case of
non-appearance of the witnesses N.B.W. or other processes can be issued to
compel their appearance.

(b) Service of summon on witnesses: (Ref. Vigilance Circular

Order No. 2/2008)

Very often summons are returned back to the Issuing Courts

un-served with an endorsement regarding absence of the witness in his place of
residence even through he might be absent temporarily, and procedures laid down
Under Section 64 & Section 65 of Cr.P.C are not followed.

The officers /men entrusted with the service of summons should

diligently carry out the jobs with a sense of determination. In this connection
procedures laid down under Section 64 & 65 of Cr.P. C. should be adhered to where
the witness by excise of due diligence is not found the summons may be served by
leaving one of the duplicate for him with one of the adult male members of his family
residing with him (other than his servants) after obtaining acknowledgement thereof
on the back of the other duplicate. If service cannot be effected by the above method
due to refusal of the adult member, the Serving Officer shall affix one of the
duplicates of the summons to some conspicuous part of the residence of the witness
and the same is to be reflected on the backside of the duplicate copy of the
summons for perusal of the court.

(5) Production of material objects and documents seized in course of

investigation as exhibits during trial process is of vital importance to the prosecution.
Several cases have ended in acquittal in which non-production of material objects
has been pointed out to be one of the major lacunae. It is, therefore, necessary to
keep the material objects ready in the Divisional Malkhana before commencement of
the trial of the case. The Divisional Ss.P., are to ensure that all seized documents
and material objects in the cases are received in the Divisional Malkhana at the time
of receipt of charge-sheet from the I.O. and reference thereto should be furnished in
the charge sheet itself for the Spl.P.P. to summon for the exhibit on the date of trial.
(Ref. Circular Order No.5/99).
 224

Prosecuting Inspector (PI), Vigilance

The duties of the Prosecuting Inspectors (P.Is), attached to Vigilance

Courts and the relevant registers such as (1) General Register and Final Memo Book
of G.R. case (2) Address Register (3) Absconder’s Register (4) Non-FIR Register
and Final Memo Book for Non-FIR cases (5) Trial Registers (6) Forward court Diary
(7) Appeal Register (8) Prosecution Trend Register, which are required to be
maintained by them have been conveyed in Vigilance Directorate Circular Order Nos.
7/83 & 3/84. The same should be strictly complied with for keeping proper track of all
the Vigilance cases sent for trial, and further necessary timely follow up action
thereof from time to time. (Ref. Vigilance Circular Order No. 7/83 & 3/84).

Anticipatory Bail Matters

The number of anticipatory bail applications filed in the Hon’ble High

Court in Vigilance Cases has increased. Our Standing Counsel/Addl.Standing
Counsel requires case diaries in the concerned cases for necessary preparation
immediately to counter the same.

The Divisional Ss.P are to ensure up to date maintenance of case

diaries in every case so that at any given point of time C.Ds are despatched to the
Standing Counsel/Addl. Standing Counsel without any delay. Besides,the I.Os /
Holding I.Os. of the case should be ready, if necessary , to appear on the scheduled
date of hearing to brief the Standing Counsel/Addl. Standing Counsel appearing for
the case. The I.O., if necessary, should also be present personally during the hearing
of the bail/other interlocutory matters so that the matter is adequately and properly
presented on behalf of the state, and does not go by default. Further the Ss. P
are to be on alert on this sensitive issue lest any laxity on our part would draw
adverse comments/strictures from Hon’ble High Court. (Ref. Circular Order No.
5/2003)

In many cases while the anticipatory bail petition moved at the open
enquiry stage, it can be opposed as premature, but if in the meantime a criminal case
has been registered, and the Standing Counsel/Addl. Standing Counsel being
unaware of the change in the status, continue to oppose it as premature, the Hon’ble
court can take it amiss, as misleading.
 225

Similarly in respect of the same petitioner, there may be more than

one Vigilance enquiry/criminal case and all such related enquiry/investigation are to
be brought to the notice of the counsel concerned enabling him to properly represent
the matter before the Hon’ble Court. Further this will enable the Counsel to be on his
guard against any possible misrepresentation or misleading by the petitioner /counsel
of the opposite party.

Thus, when Vigilance enquiry leads to the registration of a criminal

case or the investigation culminates in a charge sheet/final report, the counsel
concerned should be kept informed at each successive stage of the matter. The link
sections should compare notes every week and keep the Standing Counsel/Addl.
Standing Counsel, Vigilance up-dated about the status of the matter .Ss.P concerned
may ensure this and guard against any communication gap in this regard. (Ref:
Circular order No. 14/2004)

In some instances the accused persons released on conditional bail

granted by Hon’ble High Court, violate the conditions of bail bond. In such cases
while the I.Os request the Standing Counsel ,Vigilance to move the Hon’ble High
Court for cancellation of the bail bond they do not enclose certified copy of the said
bail order. The I.O. should personally meet the Standing Counsel /Addl. Standing
Counsel concerned along with original copy of the bail order so that the cancellation
petition can be properly drafted and along with the required affidavit of the I.O., the
same can be filed by the Standing Counsel, Vigilance to present the facts/grounds
effectively for cancellation of the bail bond. (Ref: Circular order No. 3/2005)

Prosecution of hostile witnesses for perjury U/s 193/195 IPC in Vigilance Cases
- particularly in Trap Cases & other related action

It is noticed that important and crucial witnesses in Vigilance cases in

general and decoys/trap witnesses in particular some times turn hostile during trial
which damages the merit of the case and results in acquittal of the same causing
miscarriage of justice and giving scope to the accused public servants to escape
punishment.

It is, therefore, imperative that the Investigating Officers brief the

complainant thoroughly about the consequences of his giving a complaint. The
Investigating Officer should brief the complainant and accompanying witness on the
following points:
 226

1. The Investigating Officer should inform the complainant that he/she

has to depose evidence at least twice in court after the case is registered i.e. first for
the 164 Cr.P.C. statement and then to depose in the court at the time of trial.

2. That the trap amount would be reimbursed only on his/her abiding by

the original complaint in the 164 Cr.P.C. statement,

3. That failure to depose consistently would make him/her liable for a

prosecution u/s 181/182/193/195/211 IPC as the case may be. Briefly saying the
offences are as follows: -

181 IPC is false statement on oath before a public servant

182 IPC is false information to a public servant so as to injure any person.

193 IPC is Punishment for perjury.

195 IPC is Punishment for perjury intended for conviction in serious offences.

211 IPC is false charge of offence made with intent to injure.

Prosecution and conviction for perjury - will have a salutary impact on the
criminal Justice System as a whole

Identifying critical witnesses in important cases, getting their pre-trial

evidence recorded on oath U/s. 164 Cr.P.C., and successfully prosecuting them for
perjury in the event of their hostility, will have a positive and far-reaching impact on
the Criminal Justice System as a whole, and as such merits the personal attention of
the Ss.P.

In this regard, instructions/guide lines issued in Vigilance Circular

Order No. 6/05 be strictly followed and complied with in the interest of the case and

the criminal justice system as a whole.

Proof of Perjury

To prove the charge U/s. 193 IPC, there should be two statements of
the person made on oath, virtually making statements contradictory to each other
and oath against oath. Either one of the statements must be false. The denial of the
truth of one statement by the witness falsifies the other statement and the
prosecution is not obliged to prove which statement is false and which statement is
true and this includes the part or parts of either of the statements made on oath.
 227

Guidelines for the Investigating Officers

i. In trap cases, the statements of the complainant and the accompanying

witness, if any, have to be invariably got recorded U/s. 164 Cr.P.C. as early
as possible. Of course, if the I.O. has any apprehension that either, or both,
may resile from their original statement for whatever reason, then 164 Cr.P.C.
recording should be avoided.
ii If for any reason the statements U/s. 164 Cr.P.C. contain any material
discrepancies by way of additions or omissions, the I.0.concerned has to
record the statement U/s. 161 Cr.P.C. once again and elicit the reasons for
such discrepancies immediately thereafter so as to satisfactorily explain the
same.
iii In case of Government Servants whenever they figure as witnesses or
mediators or accompanying witnesses their statements need not be got
recorded U/s. 164 Cr.P.C. Their conduct is governed by the Conduct Rules
and they can be severely dealt with for any misconduct committed by them
provided there is a reasonable prospect of the trial being held during their
service period.

Action by Legal Officers (Prosecutors) when witness turns hostile:

Concerned Special Public Prosecutor in the Courts of Special Judges

should file an application in open court for initiating action against complainant and
other witnesses when they resile from their earlier statements recorded U/s. 164
Cr.P.C. during the trial at the time of argument. The Special Judges are expected to
record these findings in the judgment and order initiation of criminal proceedings U/s.
193 I.P.C.

The concerned SsP have to ensure that a petition U/s 340(1) Cr.P.C.
is filed by the PPs/Special P.Ps (Prosecutors), well before the judgement is delivered
i.e soon after the complainant turning hostile. This gives us an opportunity to go in
appeal, in case the trial court decides to ignore our prayer for declaring the witness
hostile. This can happen only if trial processes are monitored closely by the SsP.
 228

While filing application U/s. 340(1) Cr.P.C., the Special Public

Prosecutors have to mention the reasons for initiation of Criminal Proceedings
against a particular witness by extracting portion relating to evidence in the
deposition by mentioning the Sections 182,211 & 193 IPC. The Special P.P have to
prepare a draft complaint and assist the court in preferring a complaint wherever
necessary:
The concerned Public Prosecutors should remind the courts of Special
Judges through an application for taking further steps. The initiation of proceedings
can be taken up even by the successors in office in the event of transfer of the
concerned Judge.

I.O. to assist the Special P.P.

The Vigilance Investigating Officer concerned has to attend that

Court and assist the concerned Public Prosecutor conducting the prosecution
including the service of summons to witnesses. The Special Judge should not be
cited nor summoned to the Court. The Bench Clerk concerned will be cited and
summoned to mark all the documents.

Expeditious Trial

Regarding Expeditious Trial of offences under Prevention of

Corruption Act, the D.O. letter dt. 20.6.07 of the Hon’ble Chief Justice of India,
addressed to the Hon’ble Chief Justice of the Orissa High Court, in which emphasis
has been attached for giving primary attention to disposal of cases under the
Prevention of Corruption Act expeditiously, even by holding the trial of such cases on
a day-to-day basis without any deviation .

It is, therefore, imperative to ensure its proper implementation by all

concerned. A copy of the said D.O. letter is reproduced below for reference,
guidance and necessary action accordingly.
 229

K.G.Balakrishanan,
Chief Justice of India
5, Krishan Menan,
New Delhi-110
20th June ,2007

Dear Chief Justice,

The 2nd Administrative Reforms Commission, in its 4th Report titled

“Ethics” in Governance”, has inter alia, recommended as under :

a) A legal provision needs to be introduced fixing a time limit for various

stages of trial. This could be done by amendments to the Cr.P.C.

b) Steps have to be taken to ensure that judges declared as Special

Judges under the provisions of the Prevention of Corruption Act give primary
attention to disposal of cases under the Act. Only if there is inadequate work under
the Act, should the Special Judges be entrusted with other responsibilities

c) It has to be ensured that the proceedings of courts trying cases under

the Prevention of Corruption Act are held on a day-to –day basis, and no deviation is
permitted.

d) The Supreme Court and the High Courts may lay down guidelines to
preclude unwarranted adjournments and avoidable delays.

The Prime Minister has desired that the recommendations be

examined and implemented expeditiously. The High Court may, therefore, consider
the recommendations, for laying down guidelines, with particular reference to parts(c)
and (d) above, as desired by Government of India.

With regards,

Yours sincerely
Sd/- K.G.Balakrishnan

Hon’ble Shri A.K. Ganguly,

Chief Justice,
High Court of Orissa,
Orissa (Cuttack )753002)
 230

Involvement Report

The Administrative Department/Disciplinary authority of the public

servant facing trial should be immediately intimated about completion of trial. In case
of acquittal, decision as to preferring appeal in the higher court should be
communicated to the concerned authority.

In this connection, instructions/proforma given in Vigilance Circular

Order No. 5/2001 should be strictly followed.

Facility provided and provisions made for payment of T.A. / D.A. to retired
Government servants appearing as prosecution witnesses before the Court/
Enquiring Officer /Enquiring Board in Vigilance cases/ enquiries.

Difficulties faced quite some time past owing to irregularities/ delay/

shortage of funds etc. in the matter of payment of TA/DA to the retired Government
Servants who appeared as prosecution witnesses in Vigilance cases before the Trial
Courts / Officer or the Enquiring Board in disciplinary proceedings arising out of
Vigilance cases/enquiries which resulted in financial hardship to them. To over come
these difficulties and problems, after careful consideration, necessary suitable
instructions/orders issued by the Government in GA (Vigilance )Department in their
letter No. 760/Vigilance dated 18.2.2009 authorising the Ss.P. Vigilance of the
respective Vigilance Divisions and the AIG of Police, Vigilance of the Vigilance
Directorate as authorities competent to sanction such TA/DA and make payment of
the same to the retired Government Servants by cash or cheque in consonance with
their entitlement for such TA/DA as per the categories of the Government Servants
specified under group A,B,C & D for attending as prosecution witnesses /adducing
evidence before the Court/Enquiring Officer/Enquiring Board.

This has got concurrence of the GA Department /Law Department/

Finance Department –vide their UOR No. 522/GAD dt. 5.9.2008, No. 1712/L
dt.22.10.2008 and No. 465-GA-II dated 14.11.2008 respectively.

The letter containing the relevant instructions/orders on the subject

has been issued to all Departments of Government /all Heads of Departments /all
Collectors with its memos to all concerned for reference and necessary action in the
matter. The details of the same are also annexed for guidance and necessary action
by all concerned.
 231

GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION (VIGILANCE) DEPARTMENT,
CUTTACK.

No. __760____/Vigilance Dated : 18.02.09

To
All Departments of Government/
All Heads of Departments/
All Collectors.

SUBJECT: Payment of TA/DA by the State Government to retired Government

servants for adducing evidence as prosecution witnesses in Vigilance
cases before Vigilance Courts and before the Inquiring Officers or the
Inquiring Board in disciplinary proceedings arising out of Vigilance
cases/enquiries.
****

The following instructions are issued to regulate the payment of

travelling allowance and other expenses to retired Government servants for adducing
evidence as prosecution witnesses in Vigilance cases before Vigilance Courts and
before the Inquiring Officers or the Inquiring Board in disciplinary proceedings arising
out of Vigilance Cases/enquiries.

1. Scale of Payment

(a) The retired Government Servants of group A,B,C&D categories are

entitled to get travelling allowance & daily allowance as admissible to them,
on the date of their retirement, as per Orissa Travelling Allowance Rules for
attending a court to adduce evidence or to cause production of any document
in Vigilance cases before designated Courts and before Inquiring Officer or
Inquiring Board.

(b) When a retired Government Servant pursuant to the summon/ notice/

direction of the Court, appears/adduces evidence or causes production of
document in the Court or before the Inquiring Officer or Inquiring Board
situated not more than 8 Kilometers from his place of stay, he will get
payment of the travelling expenses actually incurred from the Court/ Inquiring
Officer/ Inquiring Board.
2. Mode of payment

TA & DA to the retired Government Servant for attending as

prosecution witness will be paid by cash or cheque after adducing evidence/
appearance before the Court/ Inquiring Officer/Inquiring Board.
 232

3. Authority competent to make payment

(a) In case of Vigilance Divisions, S.P. Vigilance Divisions are competent

to sanction TA & DA to the retired Government Servant, for adducing
evidence as prosecution witness in the Court or before the Inquiring Officer or
Inquiring Board coming within the jurisdiction of the Divisions concerned.

(b) In case of Vigilance Directorate, AIG of Police, Vigilance is competent

to sanction TA & DA to the retired Government Servant deposing evidence
before the Court/Inquiring Officer/ Inquiring Board as prosecution witness.

4. Procedure for Payment

(a) The amount will be provided under sub-head “TA to prosecution

witnesses (Retired Government Servants)”. The amount will be drawn in
Abstract Contingent bills for instant payment to the witnesses after deposition
of evidence.

(b) (I) After attending/deposing evidence in the Courts or appearing

before the Inquiring Officer or Inquiring Board, the retired Government
servant shall claim TA & DA for his journey indicating following
information to the Public Prosecutor of Vigilance attached to the Court/
Inquiring Officer or designated officer of the Inquiring Board in Form-A
(ANNEXURE-1).

(1) The category of officer (Group A,B,C&D) and the rank to which
the officer belonged to, on the date of retirement.

(2) The scale of pay, he was holding on the date of retirement.

(3) Last basic pay drawn on the date of retirement.

(4) The actual fare paid/distance of journey, he has travelled

(original tickets to be enclosed)

(II) After receiving claims from the witness, the Public

Prosecutor/Marshalling Officer of State Vigilance Organisation,
attached to the Court/Inquiring Officer or designated officer attached
to the Inquiring Board shall furnish a certificate in Form ‘B’
(ANNEXURE-II) to every such witness, who has adduced evidence in
the Court/ Inquiring Officer or Inquiring Board, mentioning the category
to which the witness belongs indicating the mode of journey, distance
 233

of journey and the reference of case /disciplinary proceeding in which

the witness has adduced evidence.

(III) On receipt of papers (claims of witness along with certificate of

Public Prosecutor), the Prosecuting Inspector of Vigilance attached to
the Court shall make payment to the witness as admissible under OTA
Rules. Thereafter the papers relating to the claim of the witness,
certificate of the P.P and paid voucher are to be sent to the
sanctioning authority for ex-post facto sanction.

In case of disciplinary proceedings, Marshalling Officer/Designated

Officer, attached to the Inquiring Officer/Inquiring Board will pay the T.A./D.A. to the

Prosecution Witness as admissible under Orissa Traveling Allowance Rules.

Thereafter the Marshalling Officer/Designated Officer will send the claims of witness

in Form-A, his certificate in Form-B and paid vouchers to the sanctioning authority for

ex-post facto sanction.

Then detail Contingent bill to be submitted to Accountant General (A &

E) Orissa, Bhubaneswar within 30 days of drawal after observing necessary

procedural formalities.

The maximum amount to be drawn in advance by each Ss.P.

Vigilance Divisions/A.I.G. Vigilance on Abstract Contingent (A.C.) Bills will be limited

to Rs.20,000/- in one bill.

5. This has been concurred in by the G.A. Department, Law Department

and Finance Department vide their UOR No. 522/GAD dtd.5.9.2008, No.1712/L

dtd.22.10.2008 and No. 465-GS-II dtd. 14.11.2008 respectively.

Sd/- A.K.Patnaik,
Special Secretary to Government.
 234

ANNEXURE-1

FORM-A
To
(I) Public Prosecutor/Addl.P.P./Spl.P.P./Addl.Spl.P.P./A.P.P.
(II) Inquiring Officer/
(III) Designated Officer of Inquiring Board.

REF: T.R.No. ________________Vigilance P.S. Case No. ______

dt.______________u/s._______________________________against
Sri / mt. _________________________________________________
Departmental Prog.No._______ arising out of ______________ Vig.
P.S.Case No.__________________ u/s. _______________________
Divn. File No.________ against Sri / Smt _____________________

SUB: PRAYER FOR PAYMENT OF T.A. & D.A.

Sir,
In obedience to the orders of ______________Court/Inquiring Officer/
Inquiring Board dtd._____________, I Sri/ Smt. ____________________ attended
the said Court/ Inquiring Officer/ Inquiring Board on ____________ / deposed
evidence as a Prosecution Witness.
I may kindly be allowed/ paid with the journey expenses.
I have traveled:-
1. _____________ to _________________ and will return back covering a
distance of __________KMs by bus/ train (in _______ Class).
2. I have incurred expenditure of Rs.__________(Rupees ________________ )
towards the said journey (ticket enclosed).
3. I was holding the post of ____________ belonging to A/B/C/D category
(strike off which is not applicable) and my pension has been fixed on basic
pay of Rs.________________ .
4. I have not claimed for payment of TA/DA under Orissa Criminal Court
Witnesses (payment of expenses) Rules, 1963.

The information furnished above are true to the best of my knowledge and I
shall be liable to return the excess amount, if any, taken by me than my actual
entitlement.
Yours faithfully,

Date:…………. (Full Signature of claimant)

 235

ANNEXURE – II

FORM – B
To

The Superintendent of Police,

Vigilance, …………………… Division,
……………………..
A.I.G. of Police, Vigilance,
Orissa, Cuttack.
(Through P.I./Marshalling Officer/Designated Officer)

Ref: T.R.No. __________________Vigilance P.S. Case No. ______

dt.______________u/s.______________________________against
Sri/Smt. _________________________________________________
Departmental Prog.No._______ arising out of ______________ Vig.
P.S.Case No.__________________ u/s. _______________________
Divn. File No._______against Sri / Smt. ________________________

****
Sub: Payment of T.A. & D.A. to witnesses.
Sir,
In obedience to the orders of Court / Inquiring Officer / Inquiring Board
dt. ____________ Sri/Smt. __________________________________attended the
said Court/Inquiring Officer / Inquiring Board on ___________________ / adduced
evidence as a prosecution witness. His/Her claims in Form – A is enclosed for
reference.

Yours faithfully,
Dated:

P.P/Addl. P.P./Spl. P.P./ Addl. Spl. P.P./

A.P.P./ Inquiring Officer /
Designated Officer of the Inquiring Board.
(Full Signature)

N.B.. Strike off which is not applicable.

 236

Chapter- XIII
Regular Departmental Action (RDA)

On conclusion of enquiry/investigation, where the allegations are

found to be true but evidence available are felt to be insufficient for initiation of a
criminal case/filing charge sheet against the delinquent officials to face trial, the
matter may be referred to the Administrative Department in suitable cases. Besides,
in certain instances of criminal cases and open enquiries, regular departmental
action is also recommended in addition to the criminal prosecution. (Ref : Circular
order No. 7/2004)

On receipt of recommendation of the Vigilance Directorate, the

Administrative Department may refer the allegation to :

(a) The Commission for Departmental Inquiries on obtaining orders of the

Government for enquiry or
(b) The Disciplinary authority of the alleged officer for initiation of regular
Departmental enquiry.

2. When the allegations make out a reference to the Commission for

Departmental Inquiries (CDI) for enquiry under D.P.T. Rules, 1951, published in
P & S Department Notification No. 3547-Cab. Dt. 21.9.51 & GA Department (DPT)
Notification No. 91-ST-51/96-DPT dt. 21.2.97, where the charged officers are in
different Department, it may be appropriate to refer the matter to CDI, so that it can
itself frame charges, conduct simultaneous enquiry and furnish a single report to
Government for passing orders.

3. When the allegations disclose departmental misconduct or breaches

of rules/regulations, reference to departmental authorities for taking further action
either for (i) drawal of departmental proceeding against the suspect officer/officer
alleged against or (ii) for initiation of such action (Necessary Action) as deemed
proper for charges which are not grave enough for imposition of major penalties and
are likely to culminate in the award of minor penalties.

Heads of Deptts, are competent to dispose them U/r 14 r/w schedule-

A of Orissa Civil Services (Classification Control and Appeal) Rules, 1962 or any
other special rule. Government in P & S (Gen.) Department Notifications 6634/Gen.
dt. 27.5.61 and 2612-2R-1-8/63/Gen dt. 20.2.63 have prescribed that enquiry
conducted by Vigilance Department should be treated as adequate basis to frame
charge against delinquent officers. Hence charge should be framed on the reports of
the Vigilance Organisation without making any further preliminary enquiries.
 237

4. Reference to the Department for Departmental action should include

the following :

i) SP’s Report as per Vigilance Circular Order No. 6/96

ii) Statement of imputation, article of charge (s) and memo of
evidence

5. Ss.P. will ensure that the statement of imputation, article of charge (s)
and memo of evidence are properly prepared and vetted by the Spl.P.P. concerned
and appended to the S.P’s Report.

6. The State Vigilance Department will provide presenting officers in

Departmental enquiries for major penalty recommended by Vigilance Department in
selected cases of importance or in which Class-I and Class-II officers are involved.
Therefore, while forwarding S.P’s Report in all such cases, the name of the
presenting officer, to be detailed by the Vigilance Department for marshalling
evidence in the ensuing departmental enquiry, will, invariably be mentioned therein.
(Ref : Vigilance Circular order No. 1/2003)

Follow up action in respect of Departmental Proceedings.

(Circular order No.6/2001)

In certain instances of criminal cases and open enquiries regular

departmental action is recommended on the conclusion of enquiry or investigation. In
such cases the S.P’s report along with draft charge and memo of evidence are sent
to the concerned department for initiation of departmental proceeding either from the
Directorate or from the office of the S.P. Vigilance. Instances have come to notice,
wherein, the concerned departments have failed to acknowledge the receipt of the
relevant papers, years after despatch of the same from this office. Presently, there is
no regulatory mechanism to follow up the result of departmental proceedings initiated
upon Vigilance reports. When the department calls for vigilance clearance report in
respect of its employee(s), this office faces difficulty in scrutiny of large number of
records from different sections, in order to ascertain the present position of the
proceeding to formulate reply to the concerned department.

In order to overcome this difficulty and with a view to regularly

monitoring the departmental proceedings initiated on vigilance report, the following
guide lines are to be followed.
 238

1) A register shall be maintained at the Directorate for each Division and Cell, to
be known as Departmental Proceedings Follow up Register, in short PFUR.
This register is to be maintained by the Prosecution Cell under the overall
supervision of D.S.P. in-charge of Co-ordination Section. Besides, such
registers are to be maintained at all Divisions , Link (S), Link (N) & Cell.

2) After approval of the draft charges etc at the Directorate, the file will be
marked to Prosecution Cell of Co-ordination branch. The details of the
proceedings are to be entered in the register as per the Proforma annexed,

3) In respect of proceedings which are directly sent to the concerned

Departments/ Heads of Estts. by the Ss.P., entries are to be made in the
PFUR by the Prosecution Cell on the basis of the office copy (Divisional
memo to Directorate) available in the file,

4) For quick reference, one Name Index Register and another Departmental
Index Register are to be maintained in Prosecution Cell , alphabetically. As
and when entries are made in the PFUR, name of the officer and department
should be entered in the corresponding pages of the Index Registers and
cross reference be kept in the PFUR,

5) In respect of old pending proceedings entries are to be made in this register

as per the above guide lines including corresponding entries in the Index
Registers,

6) Section Officers of Secret and Crime Section of Link North, Link South, Cell
will make entries in respect of Col.7 of PFUR showing the progress of
proceeding in the preceding month by referring to the concerned file,

7) Ss.P. shall maintain PFUR at the Divisional level in accordance with this
circular and communicate the progress quarterly to this Directorate in a
consolidated form after due review for updating the relevant entries in Col.-7
of PFUR, and

8) Section Officer Card Index Section of Coordination ( C ) will refer to this

register periodically to update the entries in the Computer.
 239

Commission for Departmental Inquiries (CDI.)

i) All cases which fall within the scope of Rule 4 of Disciplinary Proceeding
Tribunal Rules, 1951 are to be referred to Commission for Departmental
Inquiries (CDI) after obtaining Government approval, for taking action in
accordance with the provisions of Rule 4 & 5. While making a reference to
Government for obtaining approval of CDI enquiry, the proposal shall include
S.P’s Report, including expert opinion, if any.

ii) The State Representative, Commission for Departmental Inquiries (SRCDI)

will function as the Presenting officer in all Vigilance Enquiries before the CDI.
He shall be furnished with the documents namely (a) copy of the order
initiating the proceeding and statement of imputations, (b) documents to be
produced in support of the charges (c ) list of witnesses to be examined in
support of the charges (d) explanation/plea of the suspect officer.

iii) He will carefully prepare his own brief for properly presenting the case where
necessary by perusing the Rule 5 report, relevant records of the
Division/Directorate and also examining the I.O./E.O. if he finds anything
wanting, he will bring it to the notice of the competent authority. In all matters
relating to interpretation of departmental rules and procedure and other
technical matters, he will take the assistance of the Department which will
furnish him with the required information and clarification.

iv) Photo copy of documents filed in court in Charge Sheet cases will be
produced and relied upon by the CDI.

v) The SRCDI (State Representative ,Commission of Departmental Inquiries)

will submit progress reports from time to time to the Directorate/Division about
the progress of enquiry, difficulties, if any faced as well as the findings of the
CDI.
 240

ANNEXURE

Proforma for

PROCEEDING FOLLOW UP REGISTER (P.F.U.R.)

Sl. No. Case/file Name with Father’s To whom Date of Date of Progress/
reference name & address of referred Despatch acknowledge Result.
the Charged Officer (Disciplinary -ment by the
Authority) Department.
1. 2. 3. 4. 5. 6. 7.

NAME INDEX REGISTER OF P.F.U.R.

Name/Father’s Name of the Case/File Reference Reference of PFUR

Charged Officer

1. 2. 3.

DEPARTMENT INDEX REGISTER OF PFUR

Department of the Name of the Charged References of PFUR

Government Officer
1. 2. 3.

***
 241

CHAPTER –XIV
Preventive Vigilance / Role & Function of the C.V.Os.

Preventive Vigilance in Government Departments/Public Sector

Undertakings(P.S.Us) & Function/Role of the Chief Vigilance Officers

It is for more effective to prevent corruption than to take punitive

measures which are both expensive and time consuming. Hence, Government in
their Letter No.8936/Vigilance dt.4.11.1997 advised all Heads of Departments/
P.S.Us. etc. to adopt the following methods of “Preventive Vigilance” in active
cooperation with the State Vigilance Organisation for eradication of corruption and to
keep it under check in their respective Departments/Public Sector Undertakings.

Preparation of “Agreed List” of Officers

The idea behind the concept is to keep officers who are indulging in
corrupt practices under constant surveillance and check their corrupt activities.

In the “Agreed List” only those officers are to be included against

whose honesty or integrity there are suspicious or complaints but not booked in
specific instances of corruption either by Department or by the Vigilance Department.

The State Vigilance shall prepare a list of such officers of each

Organisation against whose honesty or integrity there are complaints or suspicion.
The State Vigilance will have a meeting with M.D./Head of Department/Department
of Government once in a calendar year, preferably in the beginning of the calendar
year, where they will decide about the officers who are to be kept in the Agreed List.

Another “Agreed List” for the Department/Section and places of the

Organisation where corrupt practices are prevalent will be prepared so that close
scrutiny can be made of the functioning of those Departments/Sections by the
Internal Vigilance Officer (I.V.Os.)/Head of the Department and the Vigilance.

After the Agreed List is prepared, the State Vigilance and the Chief
Vigilance Officer (C.V.O.) of the Organisation will mount a close surveillance on
those officers in the following manner:

(i) More frequent inspection and closer scrutiny of their work with special
emphasis on the issues where the officer has scope to use his
discretion to show favours.
 242

(ii) Confidential enquiry about their reputation, both by the State Vigilance
and the C.V.O.

(iii) Clandestine watch on their standard of living, expenditure pattern

contacts etc.

(iv) Secret enquiry will be made by the State Vigilance about their assets
and financial resources.

For this purpose the management will make their property/Returns

and relevant records available to the State Vigilance and the C.V.O.

(v) Collection of information of specific instances of bribery and corrupt

practices.

(vi) The management/head of department will not post those officers

whose name find place in the “Agreed List” to sensitive and corruption
prone departments for a period of two years till his name is removed
from the Agreed List.

If secret enquiry and unobtrusive watch reveal adequate

information/material against such officer, immediately the State Vigilance will start
open enquiry against him and take further follow up action, like registration of criminal

case/departmental proceedings etc.

The “Agreed List” will remain in force for 2 years from the date of

preparation of such list. By the end of 2 years the names finding mention in this list

will be reviewed and those names removed from the list against whom sufficient

evidence could not be collected during the period.

However, this list will not be used against any officer to deny him

promotion, selection for training, or for higher responsibilities. The head of the

Organisation will keep this list and use it with discretion while considering such

officers for posting to sensitive areas or units.

 243

List of Officers of “Doubtful Integrity”

This list should include names of those who have been found to be
lacking in integrity after due enquiry or during the course of enquiry. This list should
include the names of officers of the following categories :

(i) One who has been convicted by a Court of Law on charge of

corruption or lack of integrity or an offence involving moral turpitude,
but on whom, a penalty other than dismissal, removal or compulsory
retirement has been imposed.

(ii) One who has been awarded a major punishment departmentally on

charges of lack of integrity or on charges of gross dereliction of duty.

(iii) Against whom proceeding for a major penalty or a trial in the Court is
in progress for alleged acts involving lack of integrity or moral
turpitude.

(iv) Who have been prosecuted but acquitted on technical grounds but
there remained a reasonable suspicion against their integrity, on the
basis of evidences surfacing during the trial.

However, this list should not include the names of officers of the
following categories:

(a) Those officers who have been honorably acquitted after a

disciplinary proceeding or Court trial.

(b) Officers against whom sufficient evidence could not be

collected during enquiry/investigation for recommending
departmental/disciplinary action.

These lists should be used to keep the concerned P.S.U./Government

Department informed about the officers of doubtful integrity and to ensure that such
officers are not posted to sensitive Departments/Corruption Prone Departments, in
deciding administrative matters affecting the service of such officers and to keep
special watch on their work and subject their work to closer scrutiny.
 244

The C.V.O. should prepare a list of Public Servants of gazetted rank

against whom any disciplinary proceeding for a major penalty was in progress or who
had been punished in a disciplinary proceeding for lack of integrity. The C.V.O. will
send a list of such officers to the State Vigilance once every year in the last week of
January.

The C.V.O. should also report against an officer in order to take a

decision for inclusion of his name in the list as soon as an adverse report against the
officer is received by him.

The State Vigilance should suggest addition and deletion of names on

the basis of information available with them. In case there is any difference of opinion
between the Department and the State Vigilance, the matter should be settled by
mutual discussion.

Such list should be kept by the Head of the Organisation/Head of the

Department and used for the purpose indicated above:

Once the name of an officer is entered in the list of “Doubtful Integrity”

it should not be removed for a period of 3 years and this period should be counted
from the date on which the officer was punished in a departmental proceeding/
convicted by a Court of Law. After completion of this period, this list will be reviewed
by the Department in consultation with the Vigilance for removal of such names from
the list. On the contrary if a name is to be retained in the list beyond 3 years cogent
reasons should have to be recorded in writing.

If an officer of this list is transferred, the Chief Vigilance Officer of the

concerned organisation should intimate to his counterpart the fact of the officer’s
name being on the list and also intimate the State Vigilance about the name.

This list should be used to enable the Department to take such

administrative action like transfer from sensitive posts, with-holding certificate of
integrity, non-promotion, compulsory retirement, refusal of extension of service, non-
sponsoring the name for deputation/foreign assignment/refusal of permission for re-
employment after retirement etc.

As and when such officer comes in the promotion zone, his name
should be held up in a sealed cover till enquiry is completed against him.
 245

Agreed list of Contractors/ Suppliers/ Firms/Clearing agents:

Every organisation be it a Public Sector Undertakings or Government

Department, deals with outsiders who perform sundry jobs for the Organisation.
Some of these outsiders vitiate the atmosphere of the organisation by creating
opportunities for the public servants to become corrupt or by acting as contact men
between unscrupulous public servants and unscrupulous outsiders.

Based on complaints about adopting unfair practices, corrupting the

Public servant, adopting questionable means to beg contract, intelligence report of
the Vigilance/C.V.O., and past performance, an ‘agreed list’ of such Contractors,
Suppliers, Firms and Clearing Agents etc. should be prepared in a meeting between
the Vigilance and the Head of the Organisation. This list should be circulated to the
concerned officers with instruction to be careful and cautious in all dealings with such
parties. Closer scrutiny should be made whenever such parties apply for contracts
etc.

Unobtrusive watch should be maintained on the activities of such

parties.

On getting specific materials/instances open enquiry should be started

against those parties by the Vigilance.

Preparation of Appreciation Report of an Organisation:

It is desirable to prepare an Appreciation Report about a Public Sector

Undertaking by the State Vigilance (Police) in consultation with the concerned
undertaking.

The purpose of preparation of Appreciation Report is to study different

aspects of the Public Sector Undertaking exhaustively and have a first hand
information about the Organisation one can conclusively pin-point the vulnerable
points where corruption is rampant or feasible and hence preventive measures can
be effectively taken to avoid loss to the Organisation.

It is recommended that this practice of preparation of Appreciation

Report in respect of State P.S.Us. and Government Departments be undertaken on
the following lines:
 246

(i) Objective of the Organisation.

(ii) Administrative set up of the Organisation.
(iii) Staff pattern.
(iv) Different categories of private persons who provide
opportunities for corruption.
(v) Points and places of corruption.
(vi) Categories of officers and staff working at the points and
places of possible corruption.
(vii) Internal Vigilance Organisation.
(viii) Liaison with State Vigilance.
(ix) Suggestion for checking corruption.

After such Appreciation Reports are prepared, the same should be

updated from time to time incorporating therein up-to date information about the
Undertaking.

Joint surprise checks should be conducted by the State Vigilance and

the C.V.O. staff at probable places and points of corruption.

Appointment of Chief Vigilance Officers (C.V.Os)

In the Government, Officers of Senior Class-I rank (Joint Secretary or

Deputy Secretary) should be appointed as C.V.O. with prior verification about their
integrity by the State Vigilance. Officers with unblemished reputation should be
preferred for such posts, so that they can play a very useful role in prevention and
detection of corruption.

The name of the Officer appointed as Vigilance officer may be

intimated to Vigilance Department with copy to General Administration Department.
Any change in the incumbency of the Vigilance Officer should also be reported
accordingly.

The Vigilance Officer is expected to function as the special assistant

to the Secretary or Head of Department/Office in all matters connected with
Vigilance. They should interalia perform the following:

(a) To make detailed examination of the existing Organisation and

procedure with a view to eliminating or minimizing scope of
corruption/mal practices.
 247

(b) He should try to simplify the rules and procedures as far as possible.
(c) He will take necessary steps to identify the loopholes in
practice/procedure and suggest measures to the appropriate authority
for action.
(d) He is required to identify corrupt prone areas for the purpose of
keeping watch.
(e) He will prepare an agreed list (Annual) of personnel suspected to be
corrupt and dishonest in consultation with the Chief Executive and
Vigilance Department and keep watch on their activities.
(f) He will also maintain another list of officials of doubtful integrity which
will be prepared in consultation with the I.G., Vigilance in respect of
those who have been punished departmentally or charge sheeted in
criminal cases so that they may be kept under constant watch.
(g) To plan regular surprise checks at the sensitive places from corruption
point of view.
(h) To locate sensitive spots, arrange scrutiny of personnel posted to
sensitive posts and recommend periodical transfer of persons posted
to such posts.
(i) To ensure prompt observance of Conduct Rules relating to integrity
i.e. acquisition of disproportionate assets, gifts, private business,
employing close relatives in private firms, benami transactions etc.
(j) He will ensure expeditious disposal of disciplinary proceedings.
(k) To ensure expeditious processing of sanction for prosecution of Public
servants.
(l) He will maintain constant liaison with the Vigilance Departments in
respect of Vigilance Enquiries/Investigations. In this regard he will take
necessary steps to ensure that I.Os. of Vigilance get due cooperation
from his Department/Organisation.
(m) To conduct monthly and quarterly reviews of progress of enquiries and
disposal thereof.

The Chief Vigilance Officers should arrange to prepare appreciation

report in respect of his Department/Organisation indicating briefly the activities of the
Organisation/Department and the scope of corruption therein. This report should be
given to the State Vigilance in order to educate their officers regarding working
procedure and areas of corruption in the various Government Departments/
Undertakings.
 248

Role and functions of Chief Vigilance Officers

Even though detection and punishment of corruption and other

malpractices are certainly important, what is more important is taking preventive

measures instead of hunting for the guilty in the post corruption stage. Therefore, the

role and functions of Chief Vigilance Officers has been broadly divided into two parts,

which are (I) Preventive and (II) Punitive.

On the preventive side

The C.V.Os. undertake various measures, which include.

(a) To examine in detail the existing Rules and procedures of the

Organisation with a view to eliminate or minimize the scope for

corruption or malpractices;

(b) To identify the sensitive/corruption prone spots in the Organisation

and keep an eye on personnel posted in such areas’

(c) To plan and enforce surprise inspections and regular inspections to

detect the system failures and existence of corruption or malpractices;

(d) To maintain proper surveillance on officers of doubtful integrity; and

(e) To ensure prompt observance of Conduct Rules relating to integrity of

the Officers, like

(i) The Annual Property Returns;

(ii) Gifts accepted by the officials

(iii) Benami transactions

(iv) Regarding relatives employed in private firms or doing private

business etc.
 249

On the punitive side

(i) To ensure speedy processing of Vigilance cases at all stages.

(ii) To ensure that charge, statement of imputations, lists of witness and

documents etc. are carefully prepared and copies of all the documents
relied upon and the statements of witnesses cited on behalf of the
disciplinary authority are supplied wherever possible to the accused
officer along with the charge.

(iii) To ensure that all documents required to be forwarded to the Inquiring

Officer are carefully sorted out and sent promptly.

(iv) To ensure that there is no delay in the appointment of the Inquiring

Officer and that no dilatory tactics are adopted by the accused officer
or the Presenting Officer.

(v) To ensure that the processing of the Inquiry Officer’s Reports for final
orders of the Disciplinary Authority is done properly and quickly;

(vi) To scrutinize final orders passed by the Disciplinary Authorities with a

view to see whether a case for review is made out or not.

(vii) To see that proper assistance is given to the State Vigilance in the
investigation of cases entrusted to them or started by them on their
own source of information;

(viii) To take proper and adequate action with regard to writ petitions filed
by accused officers;

(ix) To ensure that the competent disciplinary authorities do not adopt a

dilatory or lenient attitude in processing Vigilance cases, thus
knowingly otherwise helping the delinquent public servants,
particularly in cases of officers due to retire.

(x) To ensure that cases against the public servants on the verge of
retirement do not lapse due to time-limit for reasons such as
misplacement of files etc. and that the orders passed in the cases of
retiring officers are implemented in time; and

(xi) To ensure that the period from the date of serving a charge-sheet in a
disciplinary case to the submission of the report of the Inquiry Officer,
should, ordinarily, not exceed six months.
 250

Bi-monthly return about work done by Chief Vigilance Officers

For systematic review of the work of C.V.Os. of different Departments/

Heads of Departments/ Public Sector Undertaking each C.V.O. shall submit a return
indicating steps taken by him to combat corruption in their respective Organisation
once every two months. The Chief Vigilance Officers working under different
Departments/Heads of Departments/Public Sector Undertakings are to send a bi-
monthly return to the State Vigilance Directorate in the prescribed proforma about
their work/performance. The return should be sent in the 1st week of March, May,
July, September, November and January covering the preceding two months (Ref:
Government of Orissa, G.A.(Vigilance) Department Letter No.1026/Vigilance
dt.17.2.2007).
GOVERNMENT OF ORISSA
GENERAL ADMINISTRATION (VIGILANCE) DEPARTMENT,
CUTTACK
…
No. 1026/Vig. Dated 17.02.2007
To

All Principal Secretaries/ Commissioner-cum-Secretaries/

Secretaries to Govt. of Orissa/ All Heads of Department.
All Heads of Public Sector Undertakings/

Sub:- Bi-monthly return about work done by Chief Vigilance Officers.

Madam/Sir,

During the last Chief Vigilance Officer’ Conference held on

08.01.2007, the need for systematic review of work of the C.V.Os of different
Departments/Heads of Departments/Public Sector Undertakings was felt. It is
therefore decided that once every two months, each C.V.O. shall submit a return
indicating steps taken by him to combat corruption in their respective Organisation.

All Chief Vigilance Officers working under your control may be

directed to send a bi-monthly return to State Vigilance Directorate, Cuttack in
prescribed proforma (copy enclosed) about their work/performance. Return should be
sent in first week of March, May, July, September, November and January covering
the preceding two months.
Yours faithfully

Sd/-
Chief Secretary
Orissa, Bhubaneswar.
 251

Bimonthly Report of the C.V.O

Department/Organisation:

Part- ‘A’

1. Complaints received.

Source Opening Received Total Disposed Total Balance Age wise

balance during the of during disposed pendency
period the period ( Months)
1 to 6 to More
6 12 than
12
Vigilance
Department
CM’s Office.

Governor’s
Office.
Others

2. Departmental Inquiries.

a) Referred by Vigilance Department.

Opening Balance Received during Total Disposed Balance Age wise pendency
the period of (In Months)
1 to 6 to More
6 12 than
12

b) Initiated by the Department on its own

Opening Received during Total Disposed of Balance Age wise pendency

Balance the period ( In Months)
1 to 6 6 to More
12 than 12

3. Prosecution Sanctions.

Opening Received Total Disposed Balance Age wise pendency

Balance during the
period Sanctioned Refused 1 to 3 3 to More
6 than 6
 252

4. Age wise data of disposed of departmental proceedings ( time consumed for

disposal of a proceeding.

Nature of proceeding Less than 3 months 3 to 6 months 6 month to 1 More

year than 1
year
Major
Minor

5. a) List of cases where major penalty imposed.

Jurisdiction Sl. Case Name of Date of Date Punishment Remarks.

No. reference charged issue of of final imposed
officer charge order
memo of
evidence
Vigilance
Others

b) List of cases where minor penalty imposed .

Jurisdiction Sl. Case Name of Date of Date Punishment Remarks.

No. reference charged issue of of final imposed
officer charge order
memo of
evidence
Vigilance
Others

Part- ‘B’

6. (a) Examination/Inquiry Reports submitted by the C.V.O with reference to

complaints/Audit Reports etc. (Nos.)

Upto the end of During the Action recommended

previous period period
Major Minor Others Closure

6. (b) Rank wise details on action recommended

Rank Action recommended

Major Minor Others Closure Total
Group-A
Group-B
Group-C
 253

Preventive Vigilance.

7. Inspections conducted by the C.V.O

Type of inspection Up to the end of the During the bi-month Result

previous bi-month
Periodic
Surprise checks
Major works

8. a) Whether prepared the Agreed list ?

If yes, list be enclosed. If no, reasons be given. If list prepared.
Whether follow up action taken.

b) Whether prepared the list of officers of doubtful integrity ?

If yes, list be furnished. If no, reasons be given. If list prepared.
Whether follow up action taken.

c) Whether prepared the appreciation report about the department ?

If yes, the same be furnished. If no, reasons be given.

Other Activities

9. a) No. of programmes conducted on vigilance awareness.

b) Steps taken to identify the loopholes in practice and procedure and

measures suggested for improvement of the system to prevent
corruption.

c) Extent of use of I.T and E. Governance.

d) Sensitive areas located and job rotations effected/recommended in

those areas.

10. a) Whether Tenders are being invited in Web-site with the details of the
Tender.

b) Whether details of tenders above threshold value are put on website

subsequent to finalization of tenders.

11. Remarks / comments on Vigilance matters of the Department / Organisation.

Place : Signature of the C.V.O.

Date : Name of the C.V.O.

 254

Other Preventive Measures

Observance of “VIGILANCE AWARENESS WEEK”

It has been declared by the Central Vigilance Commission that every

year Vigilance Awareness Week should be observed. Hence, since 2000, the
Vigilance Awareness Week is being observed every year. Accordingly, the Vigilance
Awareness Week is observed by all Organisations. In the beginning of the
observance of the week the highest functionary of the office administer pledge to all
the officials and staff. The public servants solemnly pledge to continuously strive to
bring about integrity and transparency in all spheres of their activities. They further
pledge to work unstintingly for eradication of corruption in all spheres of life and they
should remain vigilant and work towards the growth and reputation of their
Organisation. Through their collective efforts, they should bring pride to their
Organisation and provide value based service to the countrymen. They should do
their duty conscientiously and act without fear or favour.

During the week, Organisations are requested to emphasize more on

efficiency and transparency in their Customer-Oriented Programmes. Efforts are also
made to raise awareness among the users of the service provided by
Departments/Organisations about initiation taken for improvement of the system and
procedures, the complaint handling policy, the avenues available for redressal of
grievances etc. Debates, essay competitions, seminars and work shops as well as
cultural activities to high light the harmful effects of corruption should be organized.

The aim and object of such observance of the week is mainly to

educate the general public and generate adequate quantum of awareness among
them and to get their cooperation to fight against the activities of various types of
corruption as a preventive measure, every year Vigilance Awareness Week is being
observed in all the Headquarters/important towns of the State by holding meetings,
interacting and liaising with the leading persons, NGOs, intellectuals, educationist,
retired Government officials, political leaders, newspaper representatives, electronic
media representatives of the respective areas by giving wide publicity, by mike
announcement, affixing pamphlets in the prominent places and by other available
methods.

***
 255

CHAPTER –XV
Quarterly Crime Review

The DIG / IG in-charge of respective Divisions will hold Quarterly

Crime Review Meetings at Division Headquarters in the month of Jan/April/July/Oct
to review all pending cases /files /IRs & Annual Target/Achievement of Division as
well as performance of Individual officers. Further matters relating to Administration
difficulties etc. are also to be discussed.

Quarterly achievement figures/Statements in the following heads will

be submitted by the concerned Divisions/Cell to the Directorate by 2nd day of the
succeeding month positively.

1. Registration of criminal cases.

2. Registration of criminal cases against Class-I officers.

(i) No. of Class-I Officers against whom cases were registered (Class-I
officers whose name (s) are / were in F.I.R)

Sl. No. Case Name of the Allegation in Present

reference Officer with brief. status.
with section. status.
1 2 3 4 5

(ii) No. of cases in which Class-I officer(s) involved. (Cases not

registered against Class-I officer (s) and during investigation
involvement of class-I officer(s) came to light).

Sl. No. Case Name of the Allegation in Present

reference Officer with brief. status.
with section. status.
1 2 3 4 5

3. Disposal of criminal cases.

4. Disposal of D.A Cases.
5. Disposal of files/Disposal of I.Rs.
6. Registration of D.A. cases.
7. Registration of Trap cases.
8. Disposal of cases in the Courts.(Court wise Total disposal from to
.
Case reference Name of the Result of Court disposal.
accused (Conviction / Acquittal /
Abated).
1 2 3
 256

9. Disposal of old pending cases up to last two years (furnish the case
reference).
10. Sale Tax evasion cases.
11. Spot collection.
12. Detail information and comparative chart of pending cases / file enquiries
year-wise prior to last three years i.e cases / enquiries pending upto end of
last 3 years. (the information be furnished like the information sheet prepared
for the quarterly crime review at the Divisional level).
13. Total nos. of criminal cases as was pending till the end of last Quarter, year-
wise / offence wise i.e D.A / Trap / Corruption / E.C separately.
14. Total nos. of files / I.Rs as was pending till the end of last Quarter, year-wise
separately.
15. Total nos. of time barred cases / files in following proforma separately.
Sl. No. Case / Name and Present Nature of Name Dates Fresh
file designation stage of allegation and rank promised target
reference of accused/ the case/ (D.A/Trap/ of the by S.P date.
and date S.O file. Corruption/ I.O/E.O. earlier for
E.C) closure.
1 2 3 4 5 6 7 8

(B) Monthly Achievement figures/statements in respect of the Divisions/Cell

in the following heads will be sent by the respective Ss.P by 2nd day of
the succeeding month positively for onward transmission to
Government.

1. Search in D.A. angle – (1) Places searched (2) Persons involved & (3) Result
of search.
2. Registration of Criminal cases offence-wise, in detail.
3. Disposal of cases in Court. Case reference with name (Conviction/ Acquittal /
Abated).
4. Disposal of Criminal cases from investigation, in detail such as Charge Sheet
(C.S), Final Report True (F.R.T).
5. Sanction of prosecution pending with Government of India in respect of AIS
officers. Cases in detail. (To be furnished by the D.S.P. Prosecution).
6. Sanction of prosecution pending with different Government Departments,
P.S.Us, Heads of Department and District Authority – Cases in detail (To be
furnished by the DSP Prosecution).
7 Cases / Files referred for Departmental action / such action / Necessary
action (Cases / Files in detail).
8. Preventive Vigilance (surprise checks etc. in detail).
9. Sales Tax.
i. No. of tax evasion cases detected.
ii. Estimated suppression over G.T.O. (Gross Turn Over) detected.
iii. Actual suppression detected.
iv. Minimum revenue expected after assessment.
 257

v. Amount realized on spot assessment.

vi. Important detection of sales tax cases.
vii. Other offences, like Weights & Measure Act Cases / Food Adulteration
Act cases / M.V. Act cases etc.
10. Forest offences.
No. of cases detected.
Persons involved.
Approximate cost of Forest produce / machineries seized.

Quarterly Review Meeting at Vigilance Headquarters, Cuttack

(Ref:- Vigilance Circular Order No. 2/97)

Every Quarter a Meeting will be held at Headquarters to review all

matters pertaining to Crime, administration and other miscellaneous matters relating
to State Vigilance. All officers of and above the rank of Addl. S.P. will attend the
meeting which will be presided over by the Director, Vigilance. All the Ss.P of the
Divisions, S.P. and Addl. S.P. Cell will come prepared along with relevant information
particularly on time barred IRs, File enquiries and criminal cases as per the Proforma
prescribed below. Matters relating to administrative, financial or any other important
subjects can also be discussed. This meeting will be held on the last Friday of
January, April, July and October. In the event of the last Friday being a holiday, the
meeting will be held on the next working day.

This review will be taken up in 2 sessions. In the 1st session all senior
officers of the Directorate including all Division Ss.P/S.P Cell, S.E, Vigilance, Asst.
Director of Statistics, Additional Commissioner of Commercial Taxes and D.Ss.P
Link(S)/(N) are to attend the meeting. In this meeting, Divisional target achievement,
performance, good work done, tax collected are to be reviewed. Besides,
difficulties/problems and administrative matters are to be discussed in the meeting.

In 2nd session, the meeting is to be attended by the L.A/S.C/ Addl.

S.C./ all the Special P.Ps/ PPs of the Special Judge court, Special Court and court of
authorized officer. In this meeting, matters relating to prosecution, pending trial
cases, conviction, acquittal, difficulties faced in procurement of witnesses etc. and
other matters concerning prosecution are to be discussed.

Subsequently, a review note with instructions be issued to all

concerned for their guidance and compliance.
 258

Cash Award to Best Investigating Officers of Vigilance Organisation.

In order to enhance the standard of professional zeal and efficiency, a

scheme was introduced in 1998 for giving cash awards to Vigilance Personnel in

recognition of the meritorious service rendered by them during a completed calendar

year. The system of cash award in two levels viz. Divisional level and the State level

was instituted.

Accordingly , the best D.S.P./Inspector of each Vigilance Division

(including Vigilance Cell) gets a cash award of Rs. 2,000/- whereas the best D.S.P./
Inspector selected for the State level award gets Rs. 4,000/-. An Inspector/

D.S.P., who has received such an award in any calendar year, shall not be

considered for an award of the same level during the following 2 calendar years.

The details of eligibility, criteria of Selection Committee etc. are enumerated

in General Administration (Vigilance Department, Cuttack Resolution No. 2969/VE

dt.2.4.1998).

Similarly, the following awards have also been announced to be given

annually :

1. Best 2 Unit Offices of the State Vigilance – Best Unit office – Rs.5,000/-

– 2nd Best Unit office – Rs.4,000/-

2. Best P.P. / Spl. P.P. of the State Vigilance – Rs.4,000/-

3. Best Desk Officer of the State Vigilance – Rs.3,000/-

The proforma in which the Divisional Ss.P are to report the performance of

different officers have been annexed at Appendix-12.

***
 259

CHAPTER-XVI
Miscellaneous

Press note on activities of the Vigilance Organisation

(Ref: Circular Order Nos.1/1997 & 7/2003)

All Ss.P. of Divisions/Cell are to pass on information about important

Vigilance detections to the Headquarters (Directorate) for the release of press notes
for information of public. All the Ss.P. of Divisions/Cell are also authorized to
promptly release press notes or brief the press about important cases detected or
raids/ checkings conducted. Only factual reports need to be given to the press with
due care and caution. This is intended to ensure that good work done by the State
Vigilance is brought to the notice of the members of public without loss of time and
preclude distorted news getting published in the newspapers by mis-informed press
reporters. Divisional Ss.P. and Senior Officers at the Headquarters should pay
personal attention to this matter while preparing press notes. No press note should
be released without vetting by Senior Officers.

In order to give wide coverage to our activities for information of the

public, press notes are to be released without loss of time on the following:

1. Registration of important criminal cases.

2. Successful house searches and results thereof.

3. Arrests, forwarding of accused to the Court and remand to jail
custody.

4. Successful execution of Traps.

5. When the cases are charge-sheeted (with a brief note on the findings).

6. Suspension and dismissal of accused persons.

7. Disposal of cases in the Courts resulting in conviction.

8. Important raids and results thereof.

9. Cancellation of bails by Courts in important cases.

10. Rejection of appeals of the accused by the higher Courts.

11. Monthly, quarterly and annual performance.

12. Highlighting actions against public servants at higher levels, other

important private persons and firms.

13. In addition to the above, any commendable work done by the

Organisation should be communicated to the media.
 260

Superintendents of Police will keep the Headquarters informed with

utmost promptitude about all good work done so that a consolidated press note could
be released, if it is so required Coordination Section at Headquarters will monitor
press release of the entire Organisation. Press notes should be released from the
Headquarters ,if not done at Divisional level. Senior Officer in charge of Coordination
Section will personally oversee this work and ensure timely release of Press Notes to
the media in a flawless manner.

Verification and Vigilance Clearance

Verification report as called for from Coordination(B) Section mostly

relates to promotional cases of Government employees or for consideration of
pension liabilities of a retired Government employee. Hence, the information should
be accurate and upto-date in open enquiry or criminal case till the date of verification
instituted against the individual Government employee.

At times, verification reports received from sections are wanting in

information with regard to the Government employee who has been charge
sheeted/convicted/acquitted in Vigilance cases. In case, a charge sheet has been
filed against any accused official, the present position of the case should be indicated
clearly in his verification report, under the following points.

i) Whether charges have been framed or not. If so, the date of framing
of charge.

ii) If trial has started after framing of the charge, it should be indicated
whether it is in prosecution stage or defence stage.

iii) In case of conviction, it should be indicated whether appeal has been

preferred by the delinquent officer or not.

iv) In case of acquittal in the case and appeal has been filed by the State,
the same should be indicated in the V.R.

Similarly, in respect of Department Enquiry the present position/result

there of should also be intimated.

The common phases like, subjudice, under trial in charge sheeted

cases, bears no definite meaning for any verification report and should be avoided in
future.
 261

While seeking Vigilance clearance in respect of various officials under

their respective departments/Organizations, at times, full particulars about the official
concerned are not given as a result, that clearance is given or denied to the wrong
person. Needless to say, this results in avoidable hardship to innocent employees.

In order to obviate the same, the following details may be given while
seeking Vigilance Clearance – (Ref. Circular Order No. 1/2005).

1. Full name (Not Abbreviated) of the official

2. Full name of the father of the official
3. Date of birth
4. The Cadre/Departments to which the official belongs

Submission of Tour Diaries/Monthly Summary of Work done Statements

(T.D. & M.S.W)

The field officers should submit their monthly tour diaries along with
the summary of work done statements regularly to their Divisional Superintendents of
Police in the prescribed performa at the end of the month. They are to draw their
advance tour programmes for the entire month imaginatively and get the same
approved by the concerned Superintendents of Police, and adhered to it. The Ss. P
on receipt of the monthly summary of work done statement along with the tour diary
will appreciate and evaluate performance of the field officers. (Ref. Circular order No.
3/2000)

Cooperation between different Divisions in matters relating to part enquiry/

investigation:

During enquiry / investigation E.Os / I.Os are required to travel long

distance covering jurisdiction of different Divisions wasting days together for
collection of evidence on routine / small matters and examination of witnesses. To
avoid such difficulties the Divisional Ss.P are to encourage their I.Os to send
requisition for routine examination of witnesses or other routine / small verification /
enquiry / investigation.

Requisition in such matters should be sufficiently detailed, so that the

I.O. to whom the work is entrusted does not have to refer back to, original I.O. again
and again. Where examination of witnesses is requested, a questionnaire may be
enclosed.
 262

Requisition received from other Divisions should be properly acted

upon and reply sent. Requisition should be sent at the level of S.P. and monitored at
their level.

In this regard instructions contained in Vigilance Circular Order No.

13/04 should be followed.

Vigilance Police Gazette

Publication of the Vigilance Police Gazette is considered to be

important for the Vigilance Organisation. It is published in every month from the
Vigilance Directorate being dealt with by the Co-ordination Wing of the Directorate. It
contains all the important activities and orders of the Vigilance Organisation – such
as transfer/posting/promotion etc., information relating to registration/result of
criminal cases,initiation/result of the departmental enquiries, result of trial of the
criminal cases (conviction/acquittal) and relevant statistical figures etc. during the
month. Besides, the important judgments of the High Court and the Supreme Court,
Government Orders/instructions etc. are also published in the Gazette for reference,
study, proper guidance and action accordingly by the Vigilance officials. Therefore, it
is impressed upon all the Vigilance officials to study it carefully and make best use of
the same for professional efficiency.

Vigilance Bulletin

For better professional efficiency and knowledge of the Vigilance

officials, a bulletin is published half yearly. The Director, Vigilance holds the
responsibility as the Managing Editor and the A.I.G., Vigilance/S.P., Vigilance,
Coordination functions as the Editor of the Bulletin. In the publication of the bulletin, it
contains the information relating to important achievements of the Vigilance
Organisation involvement of the high officials in corruption cases, especially in
important Disproportionate Assets Cases successful Trap Cases, misappropriation
Cases etc. together with result of trial of the cases ended in conviction,
removal/dismissal of the Government servants from service owing to their
punishment etc. Besides, articles written by the Vigilance officers on good detection
of Vigilance cases and other important professional matters are also published in the
Bulletin for knowledge and guidance of the Vigilance officers and generating
professional awareness and efficiency among them. The Vigilance officials are
advised to make best use of the same.
 263

Appointment and Functions of the Lokpal & Lokayuktas in the State of Orissa

As it was considered expedient and necessary, the Act (Orissa Act 8

of 1995) called as “The Orissa Lokapal & Lokayuktas Act 1995” was enacted by the

State Government of Orissa having been assented to by the President of India on the

8th July 1995 – to make provision for the appointment and functions of “Lokpal &

Lakayuktas” for the investigation of administrative action taken by or on behalf of the

Government or certain local and public authorities in certain cases and for matters

connected therewith and matter involving acts of injustice, corruption or favoritism.

Accordingly, the Lokpal is functioning in the State for performance of

all the duties as provided in the Act, as and when considered necessary in the

interest of the people and for the ends of justice.

In this regard, Vigilance Circular Order No.3 of 2006 be referred to in

which it has been emphasized for taking timely action to submit compliance to the

orders of the Hon’ble High Court and the Lokpal as delay in compliance to such order

will put the Vigilance Organisation to utter embarrassment. In order to keep track of

such correspondence, it has been ordered in the Circular Order that on receipt of any

letter/orders of the High Court/Lokpal, all Ss.P. of the Divisions, D.S.P., Link(S),

D.S.P., Link (N) and D.S.P., Cell Section of the Vigilance Directorate will enter the

same in one separate register, as prescribed in the Circular Order, to ensure such

timely action/compliance, which be followed strictly without deviation.

 264

The Right to Information Act ,2005 (Act No.22 of 2005)

As democracy requires transparency in the administration of the

Country, this act “The Right to Information Act 2005 (Central Act No.22 of 2005) was
enacted by the Government of India which came into force with effect from 21st June,
2005 with the objective to promote transparency and accountability in the
administration of the Country which the people need for knowing as to what the
Government has been doing/is doing for them and for the prosperity of the Country
and for knowing the true picture of their governance and administration.

In exercise of the power conferred by Section 27 of the Act, the State

Government of Orissa made the rules for the Act – called “The Orissa Right to
Information Rules 2005 on 1st October 2005.

In view of the necessity as stated above, it was considered expedient

by the Government of India to enact this Act to provide certain information, as
specified in the Act, to all Citizens who desire to have it and are entitled for the right
to such information. Accordingly, every public authority is obliged under the law to
provide such information on written requests or request by electronic modes.

As defined in Sec. 2(f) of the Act, “Information” means any material in

any form including records, documents, memos, e-mails, opinions, advices, press
releases, circulars, orders, log books, contracts, reports, papers, samples, models,
data material held in any electronic form and information relating to any private body
which can be accessed by a public authority under any other law for the time being in
force.”
As defined in Sec.2(j) of the Act “Right to information” means the right
to information accessible under this Act which is held by or under the control of any
public authority and includes the right to –

(i) Inspection of work, documents, records.

(ii) Taking notes, extracts or certified copies of documents or
records.
(iii) Taking certified samples of material.
(iv) Obtaining information in the form of diskettes, floppies, tapes,
videocassettes or in any other electronic mode or through
printouts where such information is stored in a Computer or in
any other device.
 265

Penalty Provision : As per the provisions of Sec.20 of the Act, if the authority/officer
concerned has, without any reasonable cause, refused to receive an application for
information or has not furnished information within the time specified under Sub-
section (1) of Section 7 or malafidely denied the request for information or knowingly
given incorrect, incomplete or misleading information or destroyed information which
was the subject of the request or obstructed in any manner in furnishing the
information, a penalty of rupees Two hundred and fifty rupees to be imposed each
day on the defaulting officer/authority concerned till application is received or
information is furnished. However, the total amount of such penalty shall not exceed
Twenty five thousand rupees. Besides, disciplinary action can also be taken against
the defaulting officer/authority under the relevant service rules.

As indicated above and keeping all the relevant provisions of the Act
and rules framed there under in view, appropriate action be taken in the matter as
and when necessary and required under the provisions of the Act/Rules.

In pursuance to section 5 of Right to Information Act 2005 and Rule 3

of Right to Information Rules 2005, the AIG of Police, Vigilance and Inspector of
Police, posted to Coordination (RA) Section of Vigilance Directorate are designated
as Public Information Officer( PIO) and Asst. Public Information Officer (APIO)
respectively for the State Vigilance, Orissa.

Similarly, one DSP of each Vigilance Division including Vigilance Cell

have been designated as Asst. P.I.O. in respect of their own Divisions.

In pursuance of section 19 of the Right to Information Act, 2005, the

Inspector General of Police, Vigilance is designated as appellate authority for the
State Vigilance, Orissa for hearing and deciding appeals received from applicants as
provided under this Act.

Similarly, the Superintendents of Police of the Vigilance Divisions are

also designated as appellate authority for their respective Divisions in this regard.
 266

Local Fund Audit

Sub: Transmission of information on major Defalcations, Losses and

Fraudulent Misappropriation of Government Funds in Local
Bodies and P.R. Institutions.

Finance Department are detecting financial losses, Defalcations and

Fraudulent Misappropriation in Urban Local Bodies such as Municipalities, NACs and

Development Authorities such as B.D.A., C.D.A. etc. in course of their routine audit.

They are also detecting many Frauds and Financial embezzlements in course of their

audit of Panchayat Raj Institutions such as Blocks, G.Ps and D.R.D.A. etc.

In order to check corruption in Government offices and local bodies,

the matter was placed before the Chief Secretary, Orissa, Bhubaneswar for orders

for transmission of information to the Vigilance Directorate as well to the respective

Ss.P. of Vigilance Division in a prescribed format by District Audit Officers.

Government have been pleased to approve the proposal under UOI

No.324/Vig.Cr. dt.19.8.08 and the matter was communicated to the Principal

Secretary, Govt. of Orissa, Finance Deptt. vide letter No.6896/V.Cr.(S) dt.26.8.08 of

G.A. (Vig.) Deptt. and Finance Department vide letter No.Aud(GP)-7445/F. dt.19.9.08

informed all District Audit Officers, Local Fund Audit to intimate such Defalcations,

Losses, Fraudulent misappropriation of Government fund in Local Bodies and P.R.

institutions to Vigilance Directorate and respective Ss.P., Vigilance.

Copies of relevant letter are enclosed for reference.

 267

GOVERNMENT OF ORISSA,
FINANCE DEPARTMENT, CUTTACK.
***
No. XXI - Aud(G.P) – 50/08 – 7445/F. Dt. 19.9.08.

From
Shri G.C. Panda,
D.E.-cum-Deputy Secretary to Government.
To
All the District Audit Officer,
Local Fund Audit.

Sub: Transmission of information on major Defalcations, Losses and

Fraudulent Misappropriation of Government Funds in Local
Bodies and P.R. Institutions.

Sir,

I am directed to send herewith a copy of the Letter No.6896

dt.26.8.2008 received from Special Secretary to Government, G.A. (Vigilance)
Department, Cuttack for your information and necessary action.

The required information in the prescribed proforma may please be

sent to the Vigilance Directorate as well as to the concerned S.P., Vigilance every
month henceforth under intimation to the undersigned.
Yours faithfully,

Sd/-
D.E.-cum-Deputy Secretary to Government.

Memo No. ____________/F Dated. 19.9.08

Coy forwarded to the Special Secretary to Government, G.A. (Vigilance)
Department, Cuttack for kind information.

Sd/-
D.E.-cum-Deputy Secretary to Government.
 268

GOVERNMENT OF ORISSA,
GENERAL ADMINISTRATION ( VIGILANCE) DEPARTMENT, CUTTACK.
***
No.______6896_____/V.Cr(S) Dt. 26.8.08

From
Shri M Akhaya, IPS
Special Secretary to Government.
To
The Principal Secretary to Government,
Finance Department,
Orissa, Bhubaneswar.

Sub : Transmission of information on major Defalcations, Losses and

Fraudulent Misappropriation of Govt. funds in Local bodies and
P.R. Institutions.

Sir,

I am to intimate that the Local Fund Audit organization of Finance

Department are detecting financial Losses, Defalcations & Fraudulent
Misappropriation in Urban Local Bodies such as Municipalities, N.A.Cs &
Development Authorities such as B.D.A., C.D.A. and also in Panchayati Raj
Institutions like Blocks, D.R.D.A. and G.Ps including huge unadjusted advances
relating to individuals involved in the process, in course of their routine audits.

In order to check corruption in Government Offices and Local bodies,

the matter was placed before the Chief Secretary, Orissa, Bhubaneswar for orders
for transmission of the information to the Vigilance Directorate as well as to the
respective SsPs of the Vigilance Divisions by the Examiner -cum -Addl. Secretary to
Government and District Audit Officers (Local Fund Audit) every month in the
following format which has been approved. This will help in taking appropriate action
by Vigilance, in addition to routine actions taken by respective departments at
present. The copy of order of Chief Secretary, Orissa is enclosed for kind
information.

Sl Name Name of Amount of Year of Nature and Remarks

No of the the Losses and Audit with Method of
Organisation Delinquent Defalcation report Misappropriation/
No and Defalcation etc.
Date

It is, therefore, requested that necessary instruction may kindly be

issued to the Examiner –cum- Addl. Secretary to Govt. Finance Department and
District Audit Officers (Local Fund Audit) to submit above information every month for
taking necessary action by the Vigilance Organisation.

Yours faithfully,

Sd/- M. Akhaya
Special Secretary to Government.
 269

U.O.I.No. 324/Vig.Cr. dt.19.8.08.

Sub : Transmission of information on major Defalcations, Losses and

Fraudulent Misappropriation of Govt. funds in Local bodies and
P.R. Institutions.
-----

It is learnt that Local Fund Audit organization of Finance Department

are detecting financial Losses, Defalcations & Fraudulent Misappropriation in Urban
Local Bodies such as Municipalities, N.A.Cs & Development Authorities such as
B.D.A., C.D.A. etc, in course of their routine audit. They are also detecting many
Frauds and Financial embezzlements in course of their audit of Panchayat Raj
Institutions such as Blocks, G.Ps and D.R.D.As. As a large chunk of Govt. money is
being spent for welfare of the people through different schemes and programmes
executed by the above organizations, it is desirable that the case where funds spent
do not reach the real beneficiaries, should be brought to the notice of the Vigilance
Organisation, in addition to the routine action taken in the matter.

In this context it is requested that individual cases of Losses and

Defalcations, Misappropriations, including huge unadjusted advances relating to
individuals involved in the process, may be intimated to the Vigilance Directorate as
well as to respective S.P’s of Vigilance Divisions of the state every month as per the
format given below:

Sl Name Name of Amount of Year of Nature and Remarks

No of the the Losses and Audit with Method of
Organisation Delinquent Defalcation report Misappropriation/
No and Defalcation etc.
Date

It may please be appreciated that the relevant information will be of vital

use in eradicating corruption in Government offices and local bodies and hence
necessary orders may please be issued to the Finance Department to instruct the
Examiner cum Addl. Secretary to Government, Finance Deptt. and District Audit
Officers (Local Fund Audit ) to submit above information every month.
Sd/- (A.K. Patnaik, IPS)
19.8.08
Special Secretary to Govt.

Sd/-
Chief Secretary

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