Investigation & Vigilance Rules, Instructions, Guidelines Compilation By G Senthil Kumar, Assistant Director, Chennai CEPT.
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Investigation is a vast subject and instructions relating to investigation/enquiry on general complaints, misappropriation, frauds are spread over several manuals and instructions. I have made an attempt in this to compile those instructions and practical ways to proceed it after implementation of CSI- SAP/CBS. Omissions and uncovered area, if any, may please be pointed out and suggestions to improve this compilation are welcome.
An investigation is a thorough search for facts, especially those that are hidden or need to be sorted out in a complex situation. The goal of an investigation is usually to determine how or why something happened. Investigations are usually formal and official.
2). Preliminary Enquiry is conducted for ascertaining and verifying the facts alleged in a complaint. It generally involves collection of documents and other evidence, obtaining statement of witnesses, their verification and scrutiny to bring out the truth. In common parlance, it is also referred to as Vigilance Investigation. Investigation into the criminal offence is conducted by CBI or a Police Officer under the Code of Criminal Procedure, 1973. The Preliminary Enquiry is thus different from an investigation into criminal offence, as powers under the Code of Criminal Procedure, 1973 are not vested in the Enquiry Officer. [Chapter V — Vigilance Manual 2017]
3). Nature of Investigations:
a) Misappropriation of electronic/Value Payable Money Orders
b) Misappropriation of Government Money
c) Frauds in POSB Accounts/Certificates
d) Theft, loss or tampering of accountable articles/bags
e) Theft, loss or damage to Government Property
f) Minor irregularities ex: mis-sending, mis-delivery and delay in transmission/delivery of articles. [Rule 167 of Postal Manual Vol V]
4). Rules relating to investigation are suggestive in nature. Every investigating/enquiry officer should devise his own method to find out the frauds, modus operandi and persons involved. It is a skill to be developed. Investigating officers to modify the instructions provided in Postal Manual Vol V by using their prudence and ignore it where they are inapplicable and supplement them where they are insufficient as mentioned in Rule 167(2) of Postal Manual Vol. V
5). Timely investigation is absolutely essential. Delay should be avoided on all accounts. Quick action will always help us to complete the investigations very fast and in a successful manner. [Rule 167 of Postal Manual Vol V]
6). Every complaint which points to fraud must be enquired into without a moment's unnecessary delay. The enquiry should be made with the same promptitude as an enquiry by the Police into a complaint of a cognizable offence. A Superintendent or Inspector is expected to be able to move at a moment's notice towards any point in his jurisdiction; and if he delays to make an enquiry into a complaint which indicates fraud or a likelihood of fraud, he will be held responsible for all the consequences of the delay, whether the complaint was received direct or from a superior officer. [Rule 218 of Postal Manual Vol. V]
7). Investigation on Complaints:
a) A complaint is a piece of statement or information containing details about offences alleged to have been committed in violation of departmental rules or malpractice/misconducts under Conduct Rules governing specified categories of public servants.
b) Source of complaints
(a) Complaints received from employees of the organisation or from the public
(b) Departmental inspection reports/stock verification
(c) Scrutiny of annual property statements
(d) Serutiny of transactions reported under the Conduct Rules
(e) Reports of irregularities in accounts detected in the routine audit of accounts e.g. tampering with _ records, over payments, misappropriation of money or materials, etc.,
(f) Complaints and allegations appearing in the press etc.,
(g) Source information, if received verbally from an identifiable source, to be reduced in writing etc.,
c) Information about corruption and malpractices on the part of Public Servants may also be received from their subordinates or other Public Servants. While normally a Public Servant is required to address communications through the proper official channel, there is no objection to entertaining direct complaints or communications giving information about corruption or other kinds of malpractices. While genuine complainants should be afforded protection against harassment or victimisation, serious notice should be taken if a complaint is, after verification, found to be false and malicious. There should be no hesitation in taking severe Departmental action or launching criminal prosecution against such complainants.
d) Action for false complaints:
If a complaint against a public servant is found to be malicious, vexatious or unfounded, it should be considered seriously whether action should be taken against the complainant for making a false complaint. If the person making a false complaint is a public servant, it may be considered whether Departmental action should be taken against him as an alternative to prosecution.
