Professional Documents
Culture Documents
Vigilance Manual
Vigilance Manual
MANUAL
of the
D I R E G m M T E OF VIGlkANGE
AND
ANTI-CORRUPTION
SECOND EDITION
Madras-600 009
30th December. 1992.
M. RAGHUPATHY,
Vigilance Commissioner
&
Commissionerfor Administrative
Reforms.
e.
t*
'
C.V. NARASIMHAN,
Director,
Vigilance & Anti-Corruption.
Madras-600 006,
16th November, 1992.
C.L. RAMAKRISHNAN,
Director,
Vigilance & Anti-Corruption,
Tamil Nadu.
CONTENTS
Pati Paragraph
I
Subject
1.
2.
3.
4.
5.
7.
8.
9.
vii
Pages
P a ~ tParagraph
II
111
Subjecf
Pages
DISPOSAL OF PETITIONS/COMPLAINTS
10.
11:
12.
13.
14.
Nature of Enquiriesllnvestigations
15.
..
16.
..
IV
PRELIMINARY ENQUIRIES
18.
19.
Searches
20.
21.
22
..
viii
..
Pad Paragraph
Pages
Subject
Plan of Enquiry
25.
Registration Report
26.
27.
Time Limit
28.
DETAILED ENQUIRIES
29.
30.
31.
32.
33.
34.
Searches.
35.
Plan of Enquiry
36.
Registration Report
37.
38.
Progress Reports
39.
Time Limit
40.
TRAP CASES
..
42.
..
26
Part Paragraph
WI
Subject
Pages
43
44.
Registration of F.I.R.
45.
46.
Phenolphthalein Test
47.
48.
Searches
49.
50.
51.
52.
53.
54.
Time Limit
..
..
55.
Registration
56.
Formallties to be observed
57.
Statements of Witnesses
58.
59.
60.
Searches
61.
62.
63.
64.
Progress Reports
Part Paragraph
VIII
IX
65.
InvestigationPlan
66.
Time Limit
Subject
Pages
..
67.
48
68.
48
69.
Plan of Enquityllnvestigation
48-49
70.
Check Period
71.
Property Statements
..
49-50
72.
..
50
73.
Evaluation
74.
75.
Benami Assets
76.
77.
Attachment of Properties ..
49
..
50
51
..
..
51
..
53-55
52
78.
79.
..
56
56-59
..
59-60
..
81.
Evaluation of Buildings
82.
60-62
..
62-63
ParP Paragraph
XI
Pages
Subject
83.
Preliminary Enquiries
64-67
84.
Detailed Enquiries
67-69
85.
69-71
86.
,.
71
87.
71-73
88.
..
73
..
73
PROSECUTION
90.
Special Judges
74
91.
..
74-75
92.
..
75-76
93.
..
76"78
94.
Withdrawals of prosecution
95.
Simultaneousactionthroughprosecution
in Courts and through Departmental
Disciplinary proceedings.
..
78-79
96.
..
79
xii
78
Part
XI1
Paragraph
Subject
DlSClPblNARY PROCEEDINGS
(A)Adion by Tribunal for Disciplinary
Proceedings.
97
by
Dutiesof DirectorateStaffduringTribunai
Enquiries.
by
Authorities.
Departmental
Part Paragraph
109,
Pages
Subject
Presence of Eirectorate Officers at the ,,
time of Departmental Enquiry.
67
87-88
'.
,,
Further enquiry by
Officers-Prohibited.
Pad Paragraph
XI1
XV
Subject
Pages
122.
94
123.
95
124.
95
125.
125.
..
96
98-98
"
SUSPECT LISTS
127.
Categories to be included
Maintenance of History Sheets.
and ..
99-101
128.
102-103
129.
Collection of Intelligence
..
104-106
130.
106-108
131.
108-109
Part Paragraph
XVI
XVII
Subject
132.
133.
Pages
,,
7 09-17 I
,,
111-115
EnquiriesICasesagainstOfficerswhoare
due to retire from service shortly.
135.
,,
116-117
117-128
GENERAL
136.
137.
138.
130
139.
130-131
140.
131
141.
132
142.
Transferoif~ccusedOfficers in Detailed ..
Enquiries and Regular Cases.
132-134
xvi
,,
,,
Pan'
Paragraph
,
II
,:
Pages
S~sbleci
..
135-137
PRBFORMAE
Proforma
Pages
Subject
...
>'
10
11
12
13
14
15
16
17
Report on Search
:;
xviii
..
..
145
Proforma
Subject
Pages
Proforma for the Proceedings of the Superintendent of Police under Section 5A(2) of the
P,C.Act, 1947lSection 18 of the P.C.Acl, 1988.
Register of Regular Cases (Head Office)
Register of Regular Cases (Detachments)
Proceedings ofthe Superintendent of Police, Vigilance and Anti-Corruption - Order under second
Proviso to Section 17 of Prevention of Corruption
Act, 1988.
Property Statement I.
Property Statement II.
Property Statement Ill.
Property Statement IV.
Property Statement V.
Property Statement VI.
Format of letter to the Accused Officer giving
Final Oppoltunity.
Finger Print Slip.
Proforma for Final Report and instructions for
filling up the proforma.
Proforma for offering comments while forwarding
judgements in Court Cases.
Proforma for the Special Report to accompany
every dischargelacquittal judgement.
Details of progress made in the Tribunal Enquiry1
Departmental Disciplinary Enquiry.
xix
Pmforma
Pages
Subject
34
Proiorrna ior ofiering comments on Tribunai iindings exonerating the Accused Officer(s).
35
35
37
Register of Suspects
38
Index Card
39
lndex Register
40
Vigilance Report.
41
42
43
44
45
46
47
48
49
50
Statement-VIII: StatementofReguIarCasesfother
than traps) registered in the Detachment.
189-190
Proforma
Pages
Subject
Statement-IX: Statement of Regularcases (other
than traps)) under investigation in the Detachment.
Statement-X: Statement of Traps registered in
the Detachment.
Statement-XI: Statement of Court cases in the
Detachment.
Statement-XII: Statement of cases pending trial
in Courts.
Statement-XIII: Statement of Tribunal cases in
the Detachment.
Statement-XIV: Statement of cases pending
before Tribunals.
Statement-XV: Statement of departmental
action cases in the Detachment.
Statement-XVI: Statement of cases pending
departmental action.
Statement-XVII: Note on the instances in which
the services of the technical staff were utilised,
outstanding work done or results achieved and
the difficulties in the working of the Detachment
and suggestions for meeting the difficulties.
Questionnaire to serve as guidelines for Annual
Inspection of Detachments by Superintendents
of Police.
Docket Sheet: Detailed EnquiryIRegular Case1
Trap Case.
17312-1 c
xxi
205
PART l
ORGANISATION AND FUNCTIONS
G.O.Ms.
No.2133, Public
(Ser. B), dated
(1) In 1964, in pursuance of the recommendations of the 8thNovember,
Santhanam Committee on prevention of corruption, an 1965.
'.
"
G.O.Ms.Na.248
(2) All Public Servants, as also employees of
Public(SerB) Public UndertakingsICorporations and all the Companies
dated23rd
G.O.Ms.No.354
Public(Ser.B)
datedsth
Februaiy,l974.
1%4.
G.O.Ms.No.511. temporary basis till 5th May, 1978, when it was made
P&A.R., permanent. The Department is headed by a Director in the
(Per-Nldated
5 t h ~1978,
~ ~ .rank of Director-General of Policellnspector-General of Police
~
G.O.MS. N O .
1239, P 8 A.R
(Per-N) dated
7th November
,1979,
,.-
P & A.R.
(Per-N),dated
4th May, 1982.
G.O.Ms. NO.
235, P & A.R.
(PerAN),dated
449,
zy,'t,"",y
Public (Ser-N),
dated 16th
Tamil Nadu
Agricultural lncome-Tax Act, 1955 (Tamil Nadu Act V of 1955),
the officers of the Tamil Nadu Agricultural lncome-lax
Department are prohibited from disclosing any information
contained in any statement made, return furnished or
accounts or documents produced, before them under the
provisions of this Act or in any evidence given or affidavit or
deposition made in the course or any proceedings under this
Act or any proceedings relating to the recovery of a demand
prepared for the purpose of this Act.
(ii) Government of Tamil Nadu, by their Act No. 26 of
1987, have introduced clause (qin sub-section (3) of Section
52 of the Tamil Nadu Agricultural Income-Tax Act, 1955.
permitting the officers of the Tamil Nadu Agricultural IncomeTax Department, to furnish any such particulars relating to
any assessee in respect of any assessment made under
the Act, to any officer of the Directorate of Vigilance and
Anti-Corruption, not below the rank of Inspector of Police,
relevant to any enquiry which that officer is authorised to
make.
6. Directorate of Vigilance and Anti-Corruption and the
Central Bureau o f investigation Arrangements for
mutual assistance and ce-operdion.
'
'
!
~ o v tLe!
, !er
(MS)N0213,
P&AR (Per-Nj,
dated28th
March i988,
9. D e m a r c a t i o n o f i n v e s t i g a t i v e f u n c t i o n s of the
Directorate of Vigilance and An"t-Corruption and
that of the Police Beparlment
(1) The following is the demarcation of the investigative
functions of the Directorate and that of the Police Department
(Ser-8). dated
in the State:-
public
1Mh Od.1967.
1
:,
(1) Orticers of the Directorate of Vigilance and AntiCorruption including Superintending EngineeriExecutive
EngineerlLegal Adviser will submit Weekly Diaries in
Proforma-2 for eveiy week ending Saturday,showing the daily
work done, tours undettaken, etc.
DVAC
No28843l
VAC-4,86 dt,
24th oct.1986
and No 423731
VAC-4/90.
di 28th Dec
1990
and
DVAC Standing
(3) Deputy Legal Advisers and Prosecutors for
Order No.
11/86, dt. 30th Disciplinary Proceedings will enclose to their Weekly Diaries,
Dec. 1986. a statement in Proforma-4 showing the Final Reports
PART !I
DISPOSAL OF PETlTlONSlCOMPLAlNTS
10. Action o n petitions received
Govt.Memo.
N0.1356Ei4.2,
Public (Ser.B),
dated8thApril
1964.
DVAC Standing
0rderNo30f76
God. Memo.
No. 5150165-1,
Public (Ser.B),
dated 8th
November
1%.
God.Memo.
No. 5150/651
public (Ser,8,,
dated ath
November
19G5.
dated 1'6th'
I
:
and
P
illegal
of even
not discharging their own responsibilities in
dealing with their subordinates. It can be generally taken
that every deliberate irregularity is motivated by corruption,
in one form or other. If irregularities can be established and
if they are sufficiently serious as to warrant the punishment
of dismissal, there is no need for the Directorate of Vigilance
and Anti-Corruption to step in. Departmental enquiries and
decisions could be far quicker than the processes involved
in enquiries by the Directorate of Vigilance and Anti--Corruption
and reaching decisions on them. If it is considered that a
reference to the Directorate of Vigilance and Anti-Corruption is
quite essential, it should be immediate. Fear of consequences
and the irnmediacy of impact of the consequences would be
a deterrent on malpractices and corruption and the delinquents
should not be inade to feel that they have years ahead before
something would happen.
(3) Heads of Departments should, therefore, minimise tile
number of cases to be referred to the Directorate of Vigilance
and Anti-Corruption. When referring complaints to the
Directorate of Vigilance and Anti-Corruption, either direct in
the cases of Groups C and D employees or through the
Vigilance Commissioner/Government in the cases of Groups
A and B employees, the Head. of, Department concerrred
God.Letter
No. 80568-N
Per-N/881,
PwR(Per-Nj,
dated 11th
Ausust1988.
(5) In the light of the above, the following formulae should GO^. Circular
be observed while dealing with the cases of irregularities Memo.No.3700/
71-6, Public,
against Public Servants:(SerB), dated
(i) if the irregularities do not involve corruption, the matter 3rd November
need not be referred to the Directorate of Vigilance and Anti- 1971.
Corruption, but can be disposed of departmentally;
God.Memo
No. 568162-1
Public (Ser.D,,
DVAC Circular
Memo No.
39962NAC-41
88, dt. 4th
May, 1989,
Gnvi Letter
Mo894W PerNl86-2, P&AR
(Per-N), dated
20th January
1986.
(10) Officers of the Directorate of Vigilance and AnliCorruption in the Detachments should avoid entertaining any
type of enquiry directly from other Departmental Officers
including the District Collectors without the express orders
from the Headquarters of the Directorate of Vigilance and AntiCorruption. If any such request for an enquiry is received in
the Detachment, such requests should be transmitted to the
E-leadquarters,for orders.
G o d . Letter
No. 894NPerNi 86-3,
PBAR. (per-N),
dt.2Mh January
1986.
Memo.No.2339i
VAC-4//86,
d t l Ith
Febmary 1986.
PART Ill
ENQUiRY AND i W E S i i G A i i O N PROCEDURES
13. Classification of Government Servants
G . 0 . Ms.
No.253,? M R .
(Per-N), dated
24th May ,990,
. ~ ~
~.
I :
1
,
,.
.~
G.0.(D) No.1
P&AR
January 1992.
(Per-N),dt28th
and
(c) the Vigilance Commissioner may also give
concurrence for Detailed Enquiry on the basis of Preliminary
Enquiry reports.
"
16.
V.c.'s Letter
No. 90431
VC,111191~2,
dt,19ih
February 1991
~,
D.V.A.C.
CircularMemo.
No.270951
VAC-4,79,
dated 13th
October 1979.
No153151
VAC-4189,
dt.lOth May
1989,
BART IV.
PRELIMINARY ENQUIRIES.
18. Scope and procedure
19. Searches
D.V.A.C.
Searches couid also be made to secure any vital document
Memo,
No.389NACl or other material piece of evidence which, it is believed, may
73.dated9th o t h e ~ l i s ebe lost.
November
1973.
D.V.A.C.
Order.
No15I75, dated
iO(hOctober
4975.
%-
~~
:*+
D.V.A.C.
CircularMemo.
No2WAC4180, dated
8th~etaber
1980.
D.V.A.C.
Circular Memo.
No. 145051
VAC-4/81,
Circular
Memo
No 26023NAC4182, dated
~ 1 sOctober,
t
1982.
DVAC Clrcular
Memo No41311 Officer should fix up time limits for cornplet~onof each item
VAC-41 90, of works in (i) to (iv) above according to requirements of the
dated 28th particular enquiry. The periods so fixed should be clearly
February, lggOindicated against each item so as to enabie the Headquarters
...
D V A ~Standing
Orders No.3ln5.
dated31st
December 1976
and
dated 23rd
February. 1977.
,\
,
8
"'
.,
PART V
DETAILED ENQUIRIES
29. Nature and scope
DVACCircular
Memo. No.
22761NAC41
DVACCircular
tdemo.No.
17971NAC-41
77, dated 27th
June19n.
No,40544l
30. Examination o f W i t n e s s e s a n d r e c o r d i n g of
statements
i;h2.,$,"mber
1976,
VAC-4177,
dated 19th
January 1978.
','
29
Memo. No.
24487NAC-41
76, dt. 5th
September
3MhSeptmber
1976.
Circular Memo.
No. 2434'
VAC-4190 dt.
10th July 1990.
DVACCircular
Memo. NO.
25mJNAC-41
82, dated 22nd
1982.
.-
1977.
36
D.V.A.C.Circular
Memo.No.1VAC4/81
dated3h;une
1981.
Govt.Memo.
N0.4mh4.3,
(Ser-D),
dated 27th
January 1955.
Letter
~ ~ . ~ ~ 0 / 8 ~
P &A.R.(Per.N)
dt.8thAPril
1991.
G.0. Ms.
Finance, dated
18th February,
1963.
D.V.A.C.
G.o.M~.No.~I~,
Govt. of Kerala
(6) Government of Kerala on a reciprocal arrangement
G.0.(P)No.1451made with the Government of Tamil Nadu, have agreed to
85-TD
Taxes (E) make searches for and supply of copies of registered
Dept., dated documents, required by the lnvestigating Officers of the
Zlst November, Directorate of Vigilance and Anti-Corruption. Tamil Nadu.
1985.
34. Searches
3 5 ~Plan of Enquiry
DVAC Circular
Memo. No.
1147ONAC-41
84, dated 30th
March 1984.
No. 344411
VAC-4/90
dated 24th
October 1 9 9
PART VB
TRAP GASES
$?. Organisation of Traps
(b)
DVACStanding
Order
dated 1st June
,964.
G.O.(D)
No. 1, P.&A.R.
.-
DVAC Circular
Memo.No.8671
VACl66,dated
5th November.
1966. and
Olflce Order
No. 10188,
dated 30th
September,
1988.
In all trap cases, best possible use should be made of tape DVAC Circular
recorders since the evidence of the voice and the conversation Memo.No.262591
VAC-4i74,dated
between the decoy witnesses and the Public Servants 1st August,
involved will provide good proof regarding demand and 1975.
acceptance of bribe and other circumstances of the case.
i96Q1
365601
vAc-4n8,
dated 4th
November,
,978.
No. 239751
VAC-4/75,
dated 12th
September,
1975.
DVAC
C~rcular
Memo No
14704NAC-41
80, dated 22nd
July, 1981
Circular
(c) The coloured solution on each occasion after test
No. should be kept in a separate bottle duly labelled and sealed
9 i IZiVAC-4/90,
17th April, with date and time with the signatures of witnesses and the
1990. Investigating Officer.
DVAC
DVACCircular
Memo.No.
33716NAC-41
9,, dated 29th
october, 1991.
DVAC Circular
Memo. NO.
33979NAC4
76, dated loth
December,
,976,
48. Searches
It is essential to embark on a regular search of the house,
office or other places of resort including temporary residences
of the Accused Officer immediately following the trap to collect
all the attendant circumstantial evidence needed in respect
of motive, conduct and other aspects of the offence under
investigation. Intimation of proposed search" must be sent to
the Magistrate promptly as required under the law.
DVAC Standing
Order No. 8\64,
dated Ist June,
1964.
DVAC Circular
Memo, No,
12307NAC1V
90, dated 12th
April. 1990.
,",$%;
Odober 1979,
DVAc Circular
MernoNo.
2335NAc-4/81
dl. 10th
February,
1981.
DwAc
(1) As soon as a trap is laid, the Officer who laid the trap
should send a report to the Head Office along with the
No, 2 8 0 dated
particulars in Proforma -14 to enable Head Office to send the
7ih
1980. first report to the Vigilance Commissioner duly furnishing the
particulars in the format.
Order
August
vcs better
No259NC. Ill
dt, 5th
February 1990.
finaiised and sen1 lo the Vigilance Commission within 10 days DVAC Circular
Memo. No.
from the date of trap.
10249NAC-41
90, dated
26th March
1990.
''
DVAC Ofice
Order
dated 2nd
September
1988.
DVAc ofice
Order. No. 21
86, dated 12th
M ~ 1986,
~ ,
G.O.Ms.No.
3
'23. dt.
(PerN)
,3th
1990,
PART VII
REGULAR CASES (OTHER TnnN TRAPS)
"
'
(I)
If the material gathered in a Preliminary Enquiry or a
Detailed Enquiry makes out a prima facie case for criminal
prosecution, a Regular Case may be registered under section
154 of the Code of Criminal Procedure, 1973 (Central Act 2
of 1974). Prior permission of the Vigilance Commissioner is
necessary before registering such cases irrespective of
whether the Accused Government Servant belongs to Group
A, 5, C or 5 except where a Magistrate orders investigation
under Section 156 (3) of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) when no prior permission of the
Vigilance Commissioner is necessary.
(2) A Regular Case may also be registered on the specific
orders of the Government in consultation with the Vigilance
Commissioner or on the orders of the Vigilance Commissioner
direct.
G,o.(D) NO.I,
P &AR,
(Per. N),
dated, 28th
January 1992.
DVACStanding
Order No. 16'
60. Searches
(
:
9th~ovember,
1973.
i
:
DVACCircular
Memo. No.3891
VACn3, dated
DVACCircular
Memo No.
35399NAC41
83,dt.
February, 1984.
DVACCircular
Memo.
No.22186NAC4n6,dated
29th J U I ~ , I ~ ~ ~ .
PART Vlll
CASES OF DISPROPORTIONATE ASSETS
Check Period should be fixed taking Into account(i) Length of s e ~ l c eof the Public Servant,
and
(IV) Date of search conducted, if any.
The Check Period should neither be too long nor too short.
It is advantageous to have a Check Period from 4 to 7
years. This, however, is not rigid and may be altered if
situation demands. It may becomenecessary to explain the
rationale of fixing the Check Period as set out when the
case comes up for trial or other enquiry.
73. Evaluation
Evaluation of the house and other immovable properties of
the Public Selvant is done by the Public Works Department
on the basis of Plan particulars and period of construction
furnished to them by the Investigating Officer. The building
evaluation is prepared exclusive of the cost of land. It is
based on the Public Works Department Schedule of rates
and the prevailing market rates of the respective years. For
the purpose of evaluation, the construction is divided into
basic elements of work such as earth excavation, filling in
foundation and basement, cement concrete work, brick work,
R.C.C.work, fabrication and placement of steel bars, wood
work, glass work, stone work, pipe work, electrical work,
colour washing, distempering and varnishing, etc.
"
(I)
While investigating into allegations of possession of
disproportionate assets, quite oRen InvesSgating Officers come
across properties acquired by the Public Servants but held in
the name of some other person.
(2) Where any person purchases property in the name
o i another, for his own benefit, with no intent to make that
other person the beneficiarythereof, it is called a "Benami
transaction". The nominal owner is the benamidar. The
simple import of the word of "benami" is that a purchaser
desires to buy property but does riot desire to buy in his own
name and therefore, buys in the name of someone else.
DVACCircu,ar
Memo. NO. approval of the Final Report at the Headquarters, the Accused
33672NAC-4/ Officer should b e given the final opportunity by the
dated 23rd
Investigating Officer, communicating to the Accused Officer,
November .
.
.
:;:gFae,",'"ig
I
! .,,
,
1
DVAC Circular
Memo.
No.l~Oh/ACdated 6th
June, 1989,
C.E.PWDl(GI)
(5) The super check repott, when received, shall be
MadrasEndt. scrutinised by the ExecutivelSuperintending Engineer,
No.C.11 (I)/
8046,84 CR Vigilance and Anti-Corruption. If any obvious mistakes are
dated 25th
October.1984.
c.E.(HRW)
Madras.
Circular memo
No.69141
confd1.11,83g,
dated 9th
January,l985.
''
139%.
D\JACCircular
Memo.
No.5778NACe188,dated
June,
1988.
DVAC Circular
kmo.
No.5778NAC4/@6dated
59
1988.
..
.:
61
C.E., PWD,
(General and
Buildings)
MemoNo.
Wks.II(3)
91451/81/CP.
dated 6th June
1981.
DVAC Circular
Memo No.63291
VAC-4/79 dt.
22nd July
1981.
(')I8353191-CR
J~~~ 1991.
CE, PWD,
(8) The Chief Engineer, Public Works Department
(General) (General), Madras has directed that the Executive Engineeis
CircuiarMemo
should carry out the evaluation and send the report thereori
No. C.11 (I)/
directly to the Directorate of Vigilance and Anti-Corruption
17316,,8.4dt,
6th March within ten days from the date of receipt of instructions in this
1979. regard from the Chief Engineer, Public Works Department
(General), Madras.
(3) Following wili be the standard of work per Finger DVAC omce
Order Nc.li91,
Print Expert, per day:dt.11th January,
1991.
I. Comparison of Questioned ,orinis:(a) 50 Finger Prints should. be examined and
compared every day for locating inter-se prints. This includes
the preparation of working sheets and classification of the
individual finger prints for inter-se comparison,
(b) An additional lime of one day for each block of
100 prints is allowed to check up the solitary prints in one
block of 100 prints with another block of 100 prints and so
on, for the purpose of finding out inter-se prints among the
solitary prints.
I
DVAC Circular
Mote: The number of photo copies to be marked
No.27070NACin each enquirylcase, may be decided in consultation with 491,
27th
the Investigating officer and the Law Officer.
April , 1992.
PART-X
PROCEDURE FOR PREPARATION AND SbsBMiSSlON OF
REPORTS AFTER COMPLETION OF ENQUIRY1
INVESTIGATION
83. Preiiminary Enquiries
DVACStanding
Order
zk;)dy
''
/--\
//---"------------.,"-a
DVAC Circular
(8) The reports will be submitted by the Detachments straight
Me.10%@ to tile coiice~nedRanye Superintendent of Police o i the
'2955NAC-4'
75, di. 31st
May ,975.
No.3510NAC4n6,dated
2 1 6 Feb. 1976.
NO. 1263Z
VAc-476.
May
dated Izth
""'
:
I
'
God. Memo,
No. 65514-A/
77n,PsAR,
(Per-N), dated
26th October,
1977.
''
,i
--..
DVAC Standing
order No. 1/83,
31st
dated
March 1983.
Govt. Memo.
N0.48238n8-5,
P&AR, (Per-N)
dated
27th
Odober 1978,
DVAC Circular
M e rn o . N o
335591 VAC-41
88, dt, 25th
November,1988,
DVAC Standing
order No, 13u8
dated
13th
December 1978.
NO. 50576.A/
753, Public
(Ser.N)dt2ah
March
DVAC
standing
,"arg:;.5'77
February, 1977
'
:,";Ember3
Govi. D.0.L.r.
(4) In cases where sanction for prosecution is soi~ght,the
No.87s06ns-3* Fliial Reljoii c i iiie Oiiectaraie to the sanctioning auinority
PRAR(Per'N),
(whether it be the Government or others) will invariably be
dt.3rd Dec.
1979, accompanied by a copy of the F.I.R. and a draft charge-
GoviMemo
No69922-ms
',
DVAC Office
Order No4190,
dt7th Nov.
,9w,
87. R e c o m m e n d a t i o n s l o r E n q u i r y b y T r i b u n a l f o r
Disciplinary Proceedings or for Depaflmental Action Criteria
~v~ccircular
Meno
No23624NAC4/88 dated
ISth
1988.
(ii)
(iii)
-do-
(iv)
40-
Enquiry by the
Tribunal for
Disciplinary
Proceedings.
-do-
ii
(v)
(vi)
(vii)
-do-
Departmental
Action
-do-
V.C.'s Lr.No.
4697"a2July,
dt.20th
1988,
DvAccircular
Memo.
No,26145NAC4,88 dated
a d September,
1992.
PART-XI
PROSECUTION
90. Special Judges
In~ejtercise
of the powers conferred by *sub-section (?) of
G.o.M~.N~.~
~,
Home, dated Section 6 of the Criminal Law Amendment Act, 1952 (Central
18thJanuary, Act XLVl of 1952), the Principal City Civil and Sessions
1966.
Judge, the First Additional Judge and the Second Additional
G0Ms.N0.821, Judge, City Civil Court, Madras, and the Chief Judicial
Home, dated
Magistrates in all the districts of the State have been
22nd February
,972. appointed b y the Government of Tamil Nadu as Special
G.O. MS. Judges to try offences specified in sub-section (1) of the
No.544, Home, said Section 6 committed within the local area comprising
the Madras Sessions Division and the districts of their
February,1972. . . . .
j~rlSdl~tlOn,
respectively where the cases are investigated
by the State Police including the Directorate of Vigilance
Home (Courtsdated and Anti-Corruption.
30th December,
,,,,
1982.
DvAccircular
No.417961
VAC.4,87,
dt.tsth
December. 1992.
DVAC Circular
Memo.
N0.1402W
VAC.4180,
dtl4th May,
1980.
,
:
,.
,~
DVAC Circular
Memo No. 552
VACl68. dated
10th September,
1968.
DVAC
Order
Standing
No.3181,
dated 21st
May,1981,
No.2I83, dated
26th July,1983.
G.O.MS. N ~ .
1903, Home of
dated
4th August,
I,
Date of Judgement
---
II.
Ill.
Investigating
Officer1 Within 7 days from
Detachment
Deputy the date of receipt
Superintendent of Police to of Judgement copy
forward the Judgement with from the Court.
their reports through the
Deputy Legal AdviserISpecial
Public Prosecutor to the
Headquarters Office of the
Directorate.
IV,
VI.
48 days of receipt of
Judgement ffom the
Court.
$4.Withdrawal of prosecutions
G.O.Ms.
The following principles will be observed in dealing with
No.1977, Pub'ic
requests or petitions for withdrawal of prosecutions:.
iSer-6). dated
Igth
(i) when once a case is placed before the Couri, it should
September,
be allowed to take its normal course.
1966.
Govt. Memo
N02164(65-11,
Public (Ser-8).
dated
~
~,966.
~
PART XI1
DiJCiPLlNARY PROCEEDINGS
(A) Action by Tribunal for Disciplinary Proceedings.
97. Functions of the Tribunal
G.O.MS No.
630. P.P.A.R.,
(Per-N), dated
30th May,l978.
G.O.Ms.No.266.
P.&.A.R. (Per(I), dated 29th
Apn1,1988.
(1) Enquiries by the Tribunal for Disciplinary Proceedingsas constituted by the Commissioner for Disciplinary
Proceedings and the Deputy Commissioner for Disciplinary
Proceedings - are governed by the Tamil Nadu Civil
Services (Disciplinary Proceedings Tribunal) Rules, 1955.
The Tribunal has dual functions-one as Enquiry Authority
under the Tamil Nadu Civil Services (Disciplinay Proceedings
Tribunal) Rules, and the other as Enquiry Authority under
Rule 17(b) (i) of the Tamil Nadu Civil Services (Classification,
Control and Appeal) Rules, 1955 and under Rule 3 (b) (i) of
the Tamil Nadu Police Subordinate Services (Discipline and
Appeal) Rules, 1955. The types of cases that will be referred
to the Tribunal by the Government will be in accordance with
the statutory provisions under Rules 4 and 5 of the Tamil
Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules,
1955. The Tribunal, as constituted by the Commissioner for
Disciplinary Proceedings, will enquire into the cases of
Government Servants belonging to Groups A and B; while
the Tribunal, as constituted by the Deputy Commissioner for
Disciplinary Proceedings, will enquire into the cases of Groups
C and D Officers. The Tribunals shall function under the
administrative control of the Vigilance Commissioner who
shall be responsible for reviewing and monitorirlg all enquiries
pending before them.
(2) Under Rule 17-A of the Tamil Nadu Civil Seniices
(Classification, Control and Appeal) Rules, the Commissionerl
Deputy Commissioner for Disciplinary Proceedings, is
declared as Enquiry Authority to enquire cases falling under
Rule 17(b) (i) of the said Rules.
i
;
Govtletter
No101688/PerN/85-5, P&A,R,
per.^), dated
27thNovember
7985.
~ovt,letter
No.a2908/PerN188-2. P&A.R.
(Per-N,, dated
16th August,
1988.
Memo
No,31959,
~ ~ ~ 4
dated l2nth
Navember'981
"
..
DVAC Clrcular
Memo
No 20755NAC4181, dated
24th July 1981
DVAC Circular
Memo No.4551
VACl65, dated
15th September
1965.
DVAC Circular
memo No.4891
VACl68, dated
29th July 1968.
I,
(i)
One year
Govtletier
N o llal
Per-Nl87,
P,&A,R, (PerNi, dated 22nd
December
1987
1
I
1
11
1
~
,.
I
I
i
i
1'
GOMs.
No.1733, Public
(Ser-5).dated
. Memo.
No. 8284168-1,
Public (Ser.B),
Public (Ser-D),
dated 27'h
January, 1955.
'
G.O. Ms.
N0.1255,
A.R. (Per-N),
dated Z4th
December,
1980.
Depafi-tmental Enquiry
When departmental disciplinary action againsi an officer
is taken up on a report from the Directorate of Vigilance and
Anti-Corruption, the Departmental Officer conducting the
enquiry should intimate to the Directorate the exact date of
the enquiry sufficiently in advance so that arrangements
may be made for the production of witnesses and for the
-Directorate Officer who conducted the enquiry
to be present
at the time of the departmental enq@gly;tassist the enquiry
--.A-F As the above procedure is absolutely essential in
dffzer.
the tnterests of successful prosecution in all departmental
proceedings, it is essential that the Heads of Departments
follow the above procedure strictly in all such proceedings.
F
Govt.Memo
No.4265154-3.
~
~
January,l95S.
Govt. Letier
No526361PerNi89-2, P 8
A,R, (Per-N,,
dated 2wh
September,
1989.
DVAC Circular
Memo. No.
33080NAC4179
dated 13th
December. 1977
No.3378'Per-N'
90-6. P & A.R,
(Per.N), dated
27th December,
1990.
D.V.A.C.
Circular Memo
No~3195g'vAc4190, dated 12th
..
.,
"
Govt. circular
Memo. No.
(Per.N,,
dated
1st December,
1978.
V C ' s letter
No3493NCi803, dated 25th
December
1980. i.G.'s
Memo.
No.92962/G%-iU
74, dated
13th Nov, 1975.
DVAC Circular
Memo
VAC-4190,
dated
A ~ 1992.
~ ~ ~
Govt. 1ette r
!:E26"2i:
17th
February, 1992
89
,:
LenerNo
The Enquiry Officers appointed to hold enquiries in'
4 4 16001 62-2,
departmental disciplinarj cases should not recomriiend the
A,R,
nature and quaritum of punishments to be inflicted upon the (per-N), dated
Public Servants charged h r the charges held proved unless 18th March
they are specifically directed to indicate the punishments '983.
also in their reports. It would suffice if the Enquiry Oificers
record their findings on each charge separately afler carefully
corisidering the evidence adduced in support of it as well as
for the defence.
VAC-4Rl,
dated 15th
December.
1971.
- Permi@ing
G.O.
MS.No.*769,
Public (S@r-B),
dated
N
1969.
DVAC Circular
Memo
No5034169-1,
Public (Ser-B),
dated 5th
September.
1969.
No.
..
92
passing final orders on the Enquiry Officer's report, the Govt. Memo. No.
disciplinary authority should mark a copy thereof to the 47793-A175-3,
Public (Ser-N),
Director of Vigilance and Anti-Corruption.
dated
27th
January, 1976.
Govt, letter No.
56600lPer-Nl88,
P & A.R (PerN), dated 26th
July, 1988.
V.C.'s letter,
No.3651IVC.IIII
90-1, dated 28th
August, 1990.
Govt.Leiter
(Ms.) No.11181
Per-Nl87, P &
A.R. (Per-N),
dated 22nd
December,
1987.
G.O. Ms. No.
105, Home
(Generao,
dated 18th
January, 1989.
(iii)
7 days
(iv)
30 days
(v)
10 days
(vi)
30 days
7 days
(b)
By GovernmentIDepartments o f Secretariat
which have to consuit
other Departments and
obtain
orders
in
Circulation.
30 days
~
1
u.0. ~ d t e
No.1147n6-2,
Govt,
(Per-N),
dated 12th May,
1976,
95
~
125. C a s e s e n d e d i n a c q u i t t a l by C o u r t s
Departmental Proceedings Institution of
Fresh
Law ti-orri time to time and it has been obsewed that taking
a view that Departmental Disciplinary Proceedings cannot
be taken after the Criminal Case ended in favour of the
delinquent can no longer be construed as good law.
(2) Government have therefore ordered:
97
Go* Letter.
No8261QPerN182,19,
&
A,R.(Per.N),
dated 19th
August 1986.
GOM. U.O.
Note No.698581
Per-Nl893,
P & A.R. (PerN), dated 5th
August 1989.
God. Lr. No.
52899lPer-NI
89-3, P & A.R.
(Per-N), dated
18th August
1989.
65 P & A.R.
(Per-N), dated
22ndFebruary,
1991,
(Per-N), dated
PART Xlll
SUSPECT LISTS
827. Categories to be included and Maintenance of History
Sheets
God. Memo.
No,C/109&1/
CommissionerlDeputy Commissioner 65, Public
for Disciplinary Proceedings but not 13th September
dated
fully exonerated.
Category II
Category Ill
1965.
Govt.MemoNo.
Cl1440-1/65,
Public (SC,,
dated
27th
November,
1965.
DVAC Circular
Category V
DVAC Circular
No.25756NAC3/76,dated
24th April 1977
;~pu"a~d$
l !8,
DVAC Circular
(2) As regards the suspects falling under Categories I to
Memo. IV, o..d--8
for openiny suspect sheets will be issued from
No.40203NAC4,87,dated Headquarters in individual cases as and when the final
mh November outcome of the enquirylcase is known. Suspect sheets will
1987. be ordered to be opened only "if there is an element of
Part-11.- This will be compiled in the form given in Proforma36 every quarter as on 31st March, 30th June,
30th September and <3lst December. Copies of
this part in respect of all suspect sheets should be
sent to Headquarters within 15 days of the month
succeeding the quarter. In case, a Petition1
Vigilance Report against a Suspect Officer is
received in Headquarters, a gist of the Petition1
Vigilance Report should be communicated to the
Detachment for entering in the relevant column of
the form in this Part. One Officer for maintaining
each suspect sheet will be nominated by the
Detachment Deputy Superintendent of Police or
Administrative Inspector concerned and his name
(4) In the Headquarters Office, the copies of the PartsI and II of the suspect sheets will be maintained by the
dealing Special Assistant concerned in the Range Sections
of Confidential Branch. On receipt of copies of Part -11, they
will be put up to the Range Superintendent of Police along
with the suspect sheet, who will scrutinize the reports carefully
and issue instructions, if any, required.
:.
DVAC Circular
PART XlV
DvAC Standing
,.
order No.6181,
'
PART XV
large number
among the general public and thereby bring
down the image of the Government.
DVAc Circular
MemoNo.
13911NAC-41
88, dt, ,Oth
~,991,
~
',
,,'
elc.; fmm their inception with a vie!,v to detect any maipradlcas Wn.iiZi5170-2.
1,
i
I
Fublic; (S~r.l3)~
dated 13th
DvAc
circular
Memo.No.517 7:
VAC.5181,
dated ll,h
1970
G.c.MS.
No903 P.&
A.R, (Per-N)Dt,
24th
September,
1983.
August 1982,
Dc.
Leitee'
GobtCircular
Memo.No.
43387.M5.14,
P,&A,R,(Per-
~ ) , d ~7th
t ~ d
February 1977.
(2
Go".Memo.
No1287ff7-1,
P&A,R,
dated 1Mh
August, 1977
I
I
\
\,,,
'
,
si80'dated
the Directorate of Vigilance and Anti-Corruption at the level of
11th February
1981. Deputy Superintendent of Police taking the help of the
, '
and
PART XVI
ACTION AGAiRIST RETlRiNGliaETiRED OFFICERS.
134. EnquiriesiGases against officers who are due to
retire from service shoFlly
(I
j On registration of an EtiquiryiCase, the invesiigaiing
Officer of the Directorate of Vigilance and Anti-Corruption
No.59WVAC- should ascertain the date(s) of birth of the Accused Officer(?.)
4190,dated 21st involved and if any one of the Accused Officer is due to
FebruarV1990,
retire shortly, say, within the next one year, the date@) of
superannuation of such Accused Officer(s) should be reported
to Head Office. In all such EnquirieslCases, every effort
should be made by the lnvestigating Officers concerned to
complete the Enquiryllnvestigationquickly and send the Final
Reports on the result of the Enquiry/lnvestiga!ion well in
time so as to enable the Head Office to send the Final
Reports to the Vigilance omm missioner, six months before the
due date of retirement o i the Accused Officer@)concerned.
D,v,A,c,
CircularMemo.
''
.'
~.
'
('I)
According to Fundamental Rule 56 (c), a Government
Servant under suspension on a charge of misconduct should
not be required or permitted to retire on his reaching the
date of compulsory retirement (superannuation), but should
be retained in service until the enquiry into the charge is
concluded and a final order passed thereon by the competent
authority.
(2) In G.O.Nls.No.768, Personnel and Administrative
Reforms (Personnel-N) Beparlment, dated 2nd July 1979,
Government have issued guidelines that it is not always
necessary to keep a retiring person under suspension just
because there are some charges against him. Under the
present rules, Government have got powers to cancel or
reduce the pension of any Government Servant and also to
withhold his gratuity in parl or in iuli. These provisions
117
..
"
G O . Ms. No.
544. Finance
(Pension) dated
4th July 1986,
0:
contemplated
(26) As regards voluntary retiremen1 under Fundamerital
Rule 56 (4), the position now obtaining is that a Government
Servant, who has attained the age of 50 years or who has
completed 25 years of qualifying service and who is riot
either under suspension or against whom no disciplinary
action is pending, may retire voi~tntarilyafter giving three
months notice. Simi!arly, under Fundamental Rule 56(3), a
Government Servant who has completed qualifying service
of not less than 20 years, may also retire from service
voluntarily after giving not less than three months notice,
subject to other specified conditions. In such cases, tine
Government Servant is deemed to have retired from service
on the expiry of the notice period.
.~
''
,,
I
,
127
(31) As regards the Officers belonging to the All-IndiaServices, there are similar provisions in the All-India Services
(Death-cum-Retirement Benefits) Rules, 1958, with regard
to withholding or withdrawal of pension, etc. and the relevant
provisions of the Tamil Nadu Pension Rules, 1978, are on
the same lines as that of the above Central Rules.
PART XVll
GENERAL
G.O MS NO
140. G r a n t of i m m u n i t y t o w i t n e s s e s in e n q u i r i e s 1
investigations of Directorate of Vigilance and AntiGorruptian
G.O.Ms. No.
6011public
(Ser-B), dated
22ndMarch
1969,
1
;
Govt.L@tter
No.20615A1
Per.Ni92-I,
P8AR (Per.N)
dt. 25th May,
1992.
v.cs
Note No.3360'
VC.11189-1,
dt.25Lh
~:
and
G . 0 . Ms. No.
1844,Public
FC),
dated 29th
September,
1981
G . O M s No.
2999, Public
(Ser,B,, dated
4th
1969.
.:
7:;
"
Preliminary
Enquiries
Detailed
Enquiries
Regular
Cases.
Inspector of Police.
Deputy Superintendent
of Police
(6) The Additionai/Deputy Director, Vigilance and Anticorruption will inspect some Detachments of each Range
every year.
1
1
1'
i'
',:
DVAC ORce
(10) A questionnaire form to serve as a guideline for the
orderNo1184, Inspecting Oliiceis to check varioias points during Annbat
dated 19th
March, 1984, Inspections o f Detachments is given in Proforma-GO.
'
oB
DVAC
order NO. 4/87,
dt. 26th June
1987. Standing
Order No.1191
dt, 6th August,
'
~,
(1) In G.O. No. C/595-1/62, Public (SC) Department, dated DVAC Standing
18th January 1963, instructions have been issued prescribing:- Order No 12164,
PROFORMAE
(1 to 61)
PROFORMA-1
[Para 8 (3)]
D.O. letter to be sent to the Director-General of Policelthe InspectorGeneral of PolicelDeputy Inspector-General of Police
I fotward herewith a complainffa note on vigilance information received in
the Directorate of Vigilance and Anti-Corruption alleging corruption and allied
malpractices in t h e investigation of a criminal case by the local police
in.......... ....................district.
3.It is, therefore, suggested that in view of the credibility of the complaint1
information, the investigation of the case by the local police may be got
immediately verified or even redone under close supervision from the
Superintendent of Police by a higherranking investigating officer orthe C.I.D.
or the District Crime Branch, as may be deemed appropriate. If the reinvestigation were to confirm that the earlier investigation was faulty, the
question of an enquily by this Directorate on the corruption aspect can be
considred and decided later, without prejudice to the further proceedings in
the criminal case.
CONFIDENTIAL
Weekly Diary for week ending Saturday
Thiru
(Name)
(Designation)
Despatched by
InsprlDSPiSP
Prosecutor/LA/Dy.LA./S E IEE
Received by DSP
Despatched by DSP.
Received by SP.
Despatched by SP.
Received by D.DIAD
Despatched by D.D./AD
Received by Director.
Despatched by Director.
Received by D.DIAD
Despatched by D.D/AD
Received by SP.
Despatched by SP.
Received by DSP.
Despatched by DSP.
Received by
Inspr.lDSPISP.
ProsecutorlLAIDy.LAISEIEE
--
PROFORMA - 3(Contd.)
[Para 9 (3)]
(B). STATEMENT OF WORK DONE DURING THE WEEK ENDING..
Name and Designation
of Investigating
Officer.
No. of
V.Rs
sent
No. of
Traps.
F.Rs. sent.
CE PE DE RC
Target (')
PENDENCY
upto theend
CE PE DE RC
of this week
during the current
financial year.
(In P.Es.)
......
Date of Last
VR. Trap F.R.
No. . . . ..]
been sent by the 1.0. upto the week ending as per yardsticlc As
per Vigilance Manual, an Inspector should finalise 6 P.Es., 2 D.Es
and 2 RCs= 18 P.Es. Similarly, A DSP should finalise 4 P.Es,
2 D.Es, and 1 R.C= 13 P.Es., per year. Pro rata calculation should
be made for the period covered upto the particular week end.
Name of Detachment.
EnquiryICase Identity
Number and date
Serial Number.
Pi
5
m
V)
(P
0
5.
V)
5m
g?
-.
rn
z-
-0
rn
m
-~
&
=o
g
?0 zz
ZSB
U)
T
i
Total Number of P W s so
far examined.
Number of P Ws examlned
Number of P W s produced.
Numberof P Ws summoned
Total Number of P Ws
clted
i
; Date of neKi hearing.
--W
-.
(D
.5
i
rn
a)a 'pale1
SassaugM aqi ~ o 'h!nbua
q
aql u! apeiu ssalfio~dlenlav
-pau!wexa l e i
os s ~ \ dl o JaqiunN l e l o l
O N
laajaql 'suoseal
olaq i o u )I a j e p iwl
iio plaq seM h!nbua ail1
JaqlaqM pue fiulleau JO ale0
PROFORMA - 7
[Par2 25[?)1
PRELIMINARY ENQUIRY REGISTRATION REPORT
Head
Office
identity
Number
(1)
(2)
Detachment
Serial
Number
(3)
(1)
rn
--
--
Particulars of dlsposal
3 Allegation(s)takenupforenquiiy.
o,
Ln
--
--
3 Date of registration
5 identlty Number
G)
id
iDJ5
V)
rn
;D
rnI
0)
-m pB
2%
-3
Ii
DidtheEnquirystarton a Vigilance
Report from Directorate staff?
Ans. 'Yes" or 'No". if applicable.
Date of registration,
--
-= Date
--
PSI
w
ill
ill
rn
-I
Gi
Hear/
Omce
Identity
Number
(1)
;
~f
(2)
Detachment
Serial
Number
(3)
Nameandaddressofthe complainant.
if any.
Date of registration.
Identity Number,
-8
IJ
n,
m
tn
-H
-i-?
a
rn
&
g
o
? w
-E
bl 'v 91
"
Zr
Particulars of Government
orders remitting for disciplinary action whether by
~ommissionerlDeputy
Commissioner for Disciplinary Proceedings or by
Departmental Authorities.
Departmental enquiry.
Particulars of final orders
passed against Accused
Officer(s)
,..
--
--
--
&
..o
-.;;
--
--
9D
V)
3
?!
U)
??
m
2-
Date of registration
D.E.1R.C ..........................
dated .............
2. Brief of Allegation(s)
(0
(ii)
(iii)
etc.
*3. Resume of Enquiryllnvestigationdone during the period
Signature of 1.0
Date
Name
Designation
p)
PRQFORMA-I4
[Para 51 (I)]
FIRST REPORT ON TRAP AND ARREST OF THIRU..............................
..
..........................................................................................................
(Name, designation, address).
1 Dlrectorate of Vig~lanceand Antl-Corruptlon Case No
2 Name of the complalnant
3 Place, date and time of the trap
11 Remarks
JICI*C
--
of
--
Accused.
Petition under section 92 of Code o$.Criminal Procedure, 1973
It is submitted thatthe undersigned is the Deputy Superlnterident of Pollcel
Inspector of Police of the Vigilance and Anti - Corr~lptionDetachment,
investigating
.
.Cr.No
under section
of the Prevention of Corruption
Act,l947/1988.
4. It is, therefore, prayed that the Court may be pleased to direct the
Postal
authorities, to deliver the said original
Telegraph
telegram to the undersigned for investigation in the above mentioned case.
PROFOWMA-16
[Para 59 (211
PROFORMA OF LETTER TO THE POST MASTER UNDER
SECTION 92 (2) Cr. P.C. TO DETAIN TELEGRAMS
From
,
Thlru
Deputy Superintenderlt of Police/lnspector of Police,
Vigilance and Anti-Corruption,
To
The Post Master
Head Post Offlce,
Sir,
Sub Sub-clause 2 of Sect~on92 of Code of Crlmlnal Procedure,
1973-Requlsltion to search and deta~nceltaln telegramsRegarding
in
I am investigating a case against Thiru
Cr.No.
of
Detachment of Vigilance and Anti-Corruption under
of the Prevention of Corruption Act,1947/1988.
section
j
sent a
on
and the said original
3. The said original telegram is required for my investigation in the above said case
and I have m o v e d i a m taking steps t o lmove the Chief Judicial
under Section 92 of the Code of Criminal ProceMagistrate
dure, 1973, for a direction to deliver the said original telegram to me for the purpose
of investigation.
PROFORMA-I T
[Para 60 (3):
Report on Search conducted in
by
Thiru
Deputy Sut. of Policellnspector
of Police, Vigilance and Anti-Corruption,
ileiacnment.
1. Directorate Enquiry/Case Identity Number and date of
registration.
2. Sections of Law in the case of Traps and Regular Cases
From... . . ..To.
14. Whether a search list has been prepared and sent to the
Magistrate along with the articles seized.
PROFOWMA-$8
(Para 62)
PROFORMA FOR THE PROCEEDINGS OF THE SUPERINTENDENT OF
POLICE UNDER SECTION SA(2) OF THE P.C.ACT,
1947lSECTlON 18 OF THE P.C.ACT, 1988.
P~oceedlngsof the Super~ntendentof Pollce
Vlgiiance and Anti-Corruption, Madras
.>
Present: Thiru
No.
Range, D~rectorateof
Dated
Superintendent of Police,
Range, DVAC, Madras.
To
Thiru
Deuulv Suoerintendent of Poiiceilnswctor of Police. V il A.C.
coby io the'speciaiJudge
Copy to the Deputy Superintendent of P0iice.VB A C .
:O whom ?he order is issiied).
--
-2
-.-
.=
&?!
-..
Date of registration
--
Identity NumberIDescription of
thecase(whetherTrap0rRegular Case)
.
;
i
,-
=-
disciplinary action is
recommended, date of despatch of the F.R. to V.C. with
details of recommendation;
also indicate names and
designation of A.O.(s) against
whom the allegations were
substantialed in the report.
.=
J?
Wetherany furtherinvestigation
was ordered to be made. If so,
dateofissueofcommunication
to 1.0.
Originofthecase(qu0te ordersof
DireCtorISPNClGovernment,
as the case may be, and also
whetherbyconversionofaP.E.
or D.E.)
-L?
--
0)
ParticularsofGovarnmentorden
remitting the case for disciplinary action. Whether by
commissionerlDeputyCommissioner for Disciplinary
Proceedings or by Departiilental Authoiiiies.
ment
If
P4ameanddeslgnal~oniaooressof
AccLsea for wnom sanctdonto
prosecute nas oean so-gnt
cp
nl
i
n
cn
i?
;(1
iij
21
;(1
S
I
-u
A
--
C?
,..
Date of registration.
--
^N
--
-I
73
G)
--
N
3
findings.
Particulars of Disciplinary
AuthorityIEnquiryOfficefs
3'
--
of forwarding endorsement
--;
01
A,
-.
s
PROFORMA-21
(Para - 68)
Dated:
Sub
Supdt, of Police,
Range,
Vigilance and Anti-Corruption,
Madras.
,! ,.
Thiru
Inspector of PolicelDeputy Supdt. of Police,
Vigilance and Anti-Corruption,
Detachment.
Copy to the Special Judge..
-S
--
rz
-J
a
w
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=
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p
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$ 5
L?
"
YI
;5
---,
Y Date of acquisition.
-E
3 Detaiis of property
k+
3Z
2
..
i?
(U
-5
201
'D
"7
ti
Of
of
property disposed
'
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: a
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cr$,E?
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= B - 0
.=
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Z Date of acquisition
--
o,
--
m a
Name and address of the person
to whom the property was
said or otherwise disposed of. a
'2
-
Z$
price.
PV
3
-=
?..
-N
= Details
Statement of movable property belonging t o the undersigned and hls dependents either in their own names or i n
the names of others as on ............................
Detalis of Property
(1
1. Ornaments and jewellery (full list including
loose pieces of gold and silver).
2. Motor vehicles.
3. Motor cycles, scooter and bicycles.
4. Carpets.
5 . Airconditioners, roomcmlers, fans, etc.
6.
Refrigerators.
Held in
whose
name.
Date of
acquisition.
(2)
(3)
(4)
(5)
Price
Source
paid for from which
the pro- payment
perty or was made
if acqui- for the
red other- property
wise than and mode
by pur- of payment.
chase or
mortgage,
its value
at the
time of
acquisition.
(6)
(7)
Whether
infomlation
was given to
God. and
sanctlon
obtained
(if necessary).
Signature
Date
Fuli Name
Deslgnation
Address
Note:
In respect of items 8 to 12 if the prlcelvalue of individual articles is less than Rs.1.0001-,columns 2.4 and 6 should only
be fllled in giving the aggregate pricelvalue ofariicies falling under each category.
In respect ofall other cases namely:
(i) Items 1 to 7 irrespective o f pr~celvalueof individual arilcles and
(ii\ lierns 8io 12 whereihe priceivaiue of lndilouai afiicies. exceeds Rs.1.0001- all the 8 columns shouid be filled in
ly
g ;
Gu
55
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uoslad aq1 JO ssalppe pue aweN
$0 apow '2
Avado~dl o uoi~~s~nbae
JOJ
-10 pasods!~as!maqlo
l o p~osSEW Auadold aql w o q 01
~
uosiad aql l o ssalppe pue aweN
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in,
- . -- Bm
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STATEMENT-IV. (Contd.)
(2)
Fire arms.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(1 1)
(12)
(13)
Address
Note : 1. In respect of items 10 to 15 if the priceivalue of individual articles, at the time of purchaselacquisitionwas less thanks. 10001-, only
columns 2 to 5 should be filled in givlng the aggregate pricelvalue of articles falling under each category. In all other cases, namely,
(i) Items 1 to 9 irrespective of priceslvalue of individual atticles at the time of the purchaseiacquisition and
(ii) Items 10 to 15 where the pricelvalueof individual articles atthe time of purchaselacquisitionexceeds Rs. 10001-, all the 13columns
should always be filled in.
Note: 2. Details of disposal of properties standing in the na
or share. should be shown separately in this state
zz
I.u
2 2$
22 P
.-C
Em
'(siapio
luawuiano3 l o ales 9 aaua
-lalax a ~ ! 3 )hessaaau uaqM
pau!elqo uo!pues pue pauiaa
-uoa A)!loqlnvi luawuianoD ol
uan!fi seM uoile~l~io~u!
iaqlalim
.)uawAed lo apow 9 apew seM
luawAed 4 3 1 4 woll
~
aalnos
-wn"
.
u)
i o yueg 'Auedwo:,
uosiad
jo aweN
pai1nb3ew o q woij
~
uos~adaqljo ssaippv 3 aweN
a n l e ~aaed
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2
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=-
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: ;< 6m s m
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--;
--
Name and address of the person from whom it was acquired. If sanction for purchase or acquisition was
obtained from GoVt as required under the rules (Give
Ref. No. and date of G O . )
Approx~matedate of acquisltion.
Face vaiue
Date of Disposai.
Name of concerned.
Quantity
z,
iD
;;
i 4%
-,
: V)
:
i ",
i: %3
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a ur
b
P
PROFORMA-28
[Para 76(2)1
Format of letter t o the Accused Officer giving final opportunity
From
Thiru
Inspector of Police1
Deputy Supdt of Police,
Vigilance and Anti-Corruption,
No. R C l D E / - . - . -
To
Thiru
Dated
Sir,
Sub:
DepartmentDistrictPublic Servants
Allegation of possession of disproportionate assetslpecuniary
resources against Thiru
Enquiry1
Investigation bytheDirectorateof VigilanceandAnti-CorruptionFinal Opportunity to account for the disproportion - Given.
Statement II
Statement Ill
Statement IV
Statement V
Statement VI
i.e.as on
Assets at the end of the check period,
i.e. as on
Income from known sources during the check
period, 1.e. from
to
Expenditure during the check period,
i.e. from
to
Value of the Assets acquired during the check
to
period, i.e, from
Likely savings during the check period,
i.e. from
to
Inspector of Police1
Deputy Supdt, of Police,
Vigilance and Anti-Corruption.
Detachment.
PROFORMA-29
!$)I
[Para 82
THUMB
MIDDLE
RING
LIlTLE
Fold
Left Hand Rolled Prints
THUMB
INDEX
MIDDLE
LllTLE
RING
Fold
Plain Prints of Index, Middle, Ring and Little Fingers taken simultaneously
LEFT
RIGHT
_-
THUMBS SIMULTANEOUSLY
I
Male
Female
n
Letters)
(1) Full name w~thabases ( ~ Block
( 2 ) Father's or Husband's name with aliases:
Age:
Village:
Religion:
Police Station:
LEFT I RIGHT
ldentlfled
Un~dent~f~ed
District:
State:
PROFORMA-30
[PARAS 84 (I),
85(2) & (7)]
PROFORMA FOR FINAL REPORT
1. D.EIR.C. Number and date of registration.
2. Name, designation and status (Group to which he
belongs with present pay and the scale of pay)
of the Accused Officer.
:
3. Service History of the Accused Officer.
(i) Father's Name :
:
(ii) Date of birth
(iii) Date of enlistment in GovernmentIPublic
Undertaking Service. :
(iv) Rank at enlistment in GovernmentIPublic
Undertaking Service. :
(v) Posts held during the period relevant to the
allegations enquired into.
From
To
From
To
e.g., From IstJanuary 1975to 1st October 1975Inspector of Police, Villupuram.
(vi) Present rank and date of appointment to it :
(vii) Present post with date of joining
..
(7)
(2)
(3)
jb) Fresh allegations found during the enquiry.
(4)
(5)
(6)
8. Result of enquiry (Allegation-wise).
..
..
Substantiated
or Not Substantiated
Recommendation,i.e. Tribunal1
Deptl. orDropping
Action.
Reference(s)
to Final Report.
, , . . .
here
1
1
I
I
1
I
PROFORMAJI
PROFORMA-32
[Para 92 (2)]
PROFORMA FOR THE SPECIAL REPORT TO ACCOMPANY EVERY
DISCHARGEIACQUITTAL JUDGEMENT
I
I
I
Date of Hear~ng
6. Date of judgement
..
Law Dff~cer
who attended
Court
PRBFQRMA-33
[Paras 99 & 14 O)]
DETAILS OF PROGRESS MADE IN THE TRIBUNAL ENQUIRY1
DEPARTMENTAL DISCIPLINARY ENQUIRY HELD ON.............
1.
2
3.
4.
5.
6.
7.
8.
PROFORMA-34
(Para 101)
PROFORMA FOR OFFERING COMMENTS ON TRIBUNAL FINDINGS
EXONERATING THE ACCUSED OFFICER(S)
Directorate Identity Number of the Case: D.EIR.C.No.
Name and designation of the Accused
Officer(s).
Gist of the case, including very brief
details of charges framed.
Date of serving the charge memo and
name of Tribunal whether Commissioner
for Disciplinary Proceedings or Deputy
Commissioner
for
Disciplinary
Proceedings.
Date of commencement of enquiry.
Successive dates of hearing and the
name and designation of Directorate of
Vigilance and Anti-Corruption Officer
includingthe Law Officers who attended
the Tribunal on each date of hearing.
Date of hearing.
Law Officer
who attended
enquiry.
PROFORMAJS
[Para 127 (3)]
HISTORY SHEET
Detachment:
PART-I
Personal Data
1. Name of the Suspect Officer
2. (a) Parent Department
(b) Present Department, if on deputation:
:
3. Date and Rank of entry into Service.
4. Rank, designation and post held
when Suspect Sheet was opened.
:
5 . Date of. birth
6 . Name of Father or Spouse
7. Native place
8. Qualification
9. Details of spouse. children and dependants:
Name
Relatlonshlp
Male or
Female
Age
Educat~onal
status, ~f
studylng
Occupation
if any
Detachment:
For the quarter ending:
HISTORY SHEET
Pat? II
tedlexecutedlpurchasesl procurements
supervised by the Suspect Officer and
complaints. ~fany
9. Gist of petitions, if any received
PROFORMA-37
[Para 127 (6) 1
REGISTER OF SUSPECTS
S. No.
:.,
Name of the
Suspect.
Name and
designation
of 1.0. handlina the
~lgtorysheet
Details of
transfer and
closure of
the
History
Sheet
PROFORMA - 38
[Para 128 (1) (i)]
INDEX CARD
Name hiih rnitiais.
Place of biitli
Father's name
Date of b~rth
Date of entry
into service:
EnquirylCase Identity
Number
Date of registration
.,
I
I
PROFORMA-39
[Paras 128 (I)
(v) and (211
INDEX REGISTER
Serial
Number
(1
(2)
Departmental
Number of the
Petition
(3)
Disposal
(4)
Department to which
information relates.
(1)
(2)
PROFQRMA-41
[Para 130 (I)]
REGISTER OF PROJECTS AND WORKS
Serial
Number
Intimation
Number
Particulars of
projects and
works.
Cost.
(Rupees in
Lakhs)
Name and
address of
contractor
or by
whom
executed
Remarks
(date of
visit,
name of
officer
visited
and
Vigilance
Reports,
If any)
(5)
(6)
PROFORMA-42
[Para l48 j8)j
REPORT OF INSPECTIONS MADE BY SUPERINTENDENTS
OF POLICE
Date of inspect~on
Name of
Detachment
(1)
'
r ~ a t eas
Per
programme
Actual
date of
lnspectlon
Date of
submission
of inspection
notes
Reasons for
the devlatlon
from the
programme,
~fany
(2)
(3)
(4)
(5)
STATEMENT-I
Rank.
Name.
Date
of
birth.
Educational bate of
qualification. enlistment
and
rank.
Date of
promotion
to the
present
rank.
Note
Date of
joining
the
D.V.A.C.
Date of
expiry
of the
present
term of
deputation.
Rewards1
Defaults
earned
in the
last two
years.
All members of the Detachment Staff lncludtng Mlntster~aland Techntcal staff, if any should be mentloned in thls statement
YI
S
c
-3$
0,
67
~aqo~ag
laqualdas
-z
1sn6n'd
Ajny
5m
aunr
s
LEN
~lidv
S
c
??
m
m
c
qalew I-
3
m
Alenlqaj
0,
STATEMENT-111
Statement of Vigilance Reports submitted by................................................................... Detachment
in the last two years and the current year upto..............................................................................
Serial
Number.
(1)
Note :
(3)
(4)
Allegations
in brief.
(5)
Present
stage of the
case. if any.
referred to
in column (6)
(7)
This should cover a two years period in addition to the year of inspection. For example, if the inspection is in August 1982, this
statement should cover 1980, 1981 and the period from 1st January to 31st July 1982.
--
Action dropped.
--
-.
Number of P. Es,registered
Year
-.
&?
-N
---
..
.
..:
:
..
:.
..
.,.
i?
' B
..
.
:.
.:
..
.:
,.
..
.
jlauo!ss!wiuo3 awe1
- ! 6 ! ~l o luawulano3 aql
woli a3uadaial e lo uoday
asue1!6!~
lo lu!elduo3 au!
-nua6 lo snouhuopnasd lo
snowhuoue ue uo 1! s e M
p a j l e j s h ~ ! n b u aaql MOH
~uo!ldnllo3-!1uv
pue a3uei!6!~lo ale101
-3aJ!a Aq Qnbua lapun
.-
.Ae~ap101 suoseay
-b
iauop aq 01 sulewal l e 4 ~
'(s)laa&jo pasnoav
uo~leufi!sappue ( s ) a w e ~
i.lauo!ss!w
-wo3 aouel!fi!~l o l u a u
-wan03 a41 WOJJ a3uala
- ~ a le lo voday a>uel!fi!~
l o lu!e!dwo3 au!nuafi lo
uo!l!lad snowhopnasd lo
snow&uoue ue uo g s e M
JO
PROFORMASO
[Para-148 (9)]
STATEMENT-VIII
Statement of Regular Cases (other than traps) registered in ......
in the last three years and current year upto...........................................
.-j,
m
w
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2
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$?
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9 5
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0
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u! suo!)e6allv
' s . 1 ' 10
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iuawulanog
l o iauo!ss!wwo3 a a u e l ! 6 ! ~
hq paplowe seM uo!ss!w~ad
~ a q : a q ~pue '~uawvedaa40
pEaH e w o ~aaualajal
j
e uo l o
vodaa aauelifi!~l o lu!e~dwoa
au!nuafi i o uo!l!lad snowhuo
-pnasd i o snowAuoue ue uo 11
s e M jpaieu!6!10 asea aql MOH
l o 3 '9
pasna
-3v jo uoi~eufi~sap
pue ( s ) a w e ~
L E
0 m
'papuew
-ap s e aquq
~
q3!4~
101 asodlnd
..
:
.,..
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j
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pasn33v q3!qM 01 !ualuvedaa
..
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...
...
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.
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k.a
...
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5
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DI
x
Number withdrawn
or othe~iise
disposed of.
Number acquitted or
discharged.
Number convicted.
Year.
LOZ
Case Number
and date of
registration.
Name and
designation
of Accused
charge
sheeted
in
court.
Name of
Court and
date of
charge
sheet.
Allegations
in brief and
sections of law
cited in the
charge
sheet.
Name of
Prosecutor
in-charge
of the
case.
Present stage
of the case
and reasons
for delay.
if any.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
STATEMENT-XI11
Statement of Tribunal cases in ...................................................Detachment in the last three years
and the current year upto .......................................................
Year.
Number of
Tribunal
Enquiries
pending at
the beginning
of the
year.
Number
referred to
Tribunals
during the
year.
Total of
columns (2)
and (3).
(4)
Minor
punishment.
Acquinali
Exoneration.
(5)
(6)
(7)
Number of
Tribunal
Enquiries
Total of pending at
columns
the end
(5). (6) and
of the
(7).
year.
[col (4)
minus
col. ( 8 ) )
(8)
(9)
Serial
Number.
N
o
(1
Directorate
Enquiry
Number,
name and
designation
of the
Investigating Officer
in-charge
of the
enquiry.
(2)
Name,
designation
and status
of Accused
Officer(s)
(whether
Group A,
S.C.
D or
A.I.S.)
(3)
Details of
allegation?
held
substant!.
ated in
the
Directorate
Flnal
Report
Date of
remittal
to
Tribunal
Name of
the
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Date of
framing
charges
against
Accused
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Name of
Date of
the
commencement of
Prosecutor
enquiry
for
by .
Disciplinary
Tribunal. Proceedings
in-charge
of the
case.
Date of
last
hearing
by
Tlibunal.
Pn!sent
sta!ge of
the
enquiry.
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STATEMENT XVI
Statement of cases pending departmental action as on ............................
Directorate
Enquiry Numbw.
S&l
Number.
P!
N
Name and
designation of
the Investigating
mcer
incharge of
the enquiry.
Name.
designation
and status
of Accused
Offcer(s)
(Wether
Gmup A.B.C.
or D. or
A.I.S.)
Details of
allegations
held
suktantiated
in h e
Directorate
Final
report^
Date of
remittal
to
Department.
Paticulars
of
Departmental
Enquiry
Offw.
Date of framing
Date of
Present
charges against mmmence stage.
mmt of
the Accused
Officer (s).
oral
enquiry.
Nature of the charge if any.
fmmed [whether
umler Rule l7(a:1
or 17(b) of CCA.
Rules a 3 (a) or
3(b) of D and A
Rules].
PROFORMA49
[Para 148(9)]
STATEMENT XVll
NOTE ON :
(i) The instances in which the services of the Technical staff in the
Directorate, e.g. SuperintendingIExecutive Engineerwere utilised in
the last two years.
(ii) Any outstanding workdone or results achieved in the Detachment in
the last two years.
(iii) Difficulties in the working of the Detachment and suggestions for
meeting the difficulties.
PROFORMA-60
[Para 148(1O)]
QUESTIONNAIRE TO SERVE AS GUIDELINES FOR
ANNUAL INSPECTION OF DETACHMENTS BY
SUPERINTENDENTS OF POLICE, ETC.
PART l
(Administration Branch)
(IV)
Books and other Government
Disbursement of Pay, Travelling Allowance, etc.
property-Cash
Book-
PART Il
(Cnnfidentia?Eranch)
Vigilance Reports :
4. Was the lnvestigating Officer taken steps to secure relevant records for
scrutiny?
5. Original records in important enquiries must be gone through and
necessary guidance given to the lnvestigating Officers.
Detailed Enquiries :
1. Comment on the quantum of registration of Detailed Enquiries in the
last three years and analyse their quality with reference to the ultimate
result. Furnish relevant statistics.
10. Has the Accused Officer been examined properly and his statement
recorded? Has his line of defence been verified?
11. In cases of disproportionate assets, it may be checked ifthe instructions
issued by the Head Office on the subject from time to time have been
carefully followed.
Regular Gases (other than traps)
10. Has the Accused Officer been examined properly and his statement
recorded? Has his line of defence been verified?
11. In cases of disproportionate assets, it may be checked if the instructions issued by the Head Office on the subject from time to time have been
carefully followed.
Trap Cases :
1. Comment on the quality of trap cases put up by the Detachment in the
last three years. Analyse the cases with reference to (i) the departments
concerned, (ii) the status of Accused Officer. (iii) the amount of bribe money
involved and (iv) the ultimate result of the trap case. Furnish statistics.
2. Has any trap case failed in the course of conducting the trap? If so,
reasons for failure should be gone into in depth and commented on.
3. Was the Accused Officer examined and his statement recorded? Was
his line of defence verified?
Court Trials :
1. Comment on the number of cases pending in Courts at the beginning
of the year, the number of cases newly charge sheeted during the year, the
numberdisposed of upto the date of inspection and number currently pending
in Courts.
2. Check the quality of Court attendance by the lnvestigating Officer1
Prosecutor, whether any adjournment had to be sought owing to the absence
of WitnesseslProsecutorllnvestigating Officer.
3. Comment on the results achieved in Court. In cases ending in
dischargelacquittal, comment on the reasons therefor and check if any
blame is attachable to the lnvestigating Officer/Prosecutor.
..
218
1. Check whether the list has been properly maintained and action has
been taken to gather Vigilance intelligence.
2. Give specific instructions and guidance wherever called for.
Destruction of Time-Barred Records:
Check whether Head Office instructions have been complied with.
General:
PROFORMA-61
(Para 149)
DOCKET SHEET
Detailed EnquirylRegular CaselTrap Case
SI.
No.
Details of action to
be taken.
Details of Action
taken.
(3)
Service Pariiculars
Propelty Statemelits
SuperchecWEvaiuation
Transfer of A 0
Suspension of A 0 .
8. Due date of retirement of Accused Officer(s)
If any one is due to retlre wlthin the next 12
Relevant
Page No.
in the file
(4)
Note