Harmony- march-2012 by arvind khanna

Thamasoma Jyothirgamaya

HARMONY AN E-MAGAZINE ON CSIR/GOI SERVICE & RELATED ISSUES

Founder-Editor, Compiling & Publishing Ch. Srinivasa Rao Formerly COA, CSIR-NGRI, Hyderabad

Vol. IX

March 2012

No. 206

Counselling & Review: Review: B.J. Acharyulu, Head, F&A F&A, &A, CDFD, Hyderabad E-Mail assistance: D.S D.S. Sundar, Assistant (F&A), (F&A), NGRI, Hyderabad

___________________________________________________________________________ Orders of Central Govt. which are reproduced in "HARMONY" whether duly endorsed by the CSIR or not, are applicable to its employees to a large extent unless and otherwise such Orders involve financial implications. Articles on Service issues, Management, Motivation, Material Science, Supply Chain Management, Attitudinal Behaviour and related issues are welcome through E-mail or other means. Material published in “HARMONY” can be used purely in academic interest with due acknowledgement. The opinions expressed or inferences drawn in the material published in “HARMONY” do not necessarily reflect the views of Editor nor CSIR/Swamy Publishers (P) Ltd., Chennai shall take any responsibility whatsoever for any inaccuracies or claims. “HARMONY” is transmitted through E-mail free of cost. For a free copy, send your E-mail ID “harmonysrinivas@gmail.com or “harmony_csir@yahoo.co.in” Mobile: 91-94904 62583 -- Res: 040-2715 0736

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CSIR/GOI ORDERS TRANSFER OF CSIR PRODUCTS/PROCESSES/TECHNOLOGIES The Competent Authority has been pleased to accord approval for transfer of CSIR's socially relevant products/processes/technologies to Micro, Small and Medium Enterprises on non-exclusive basis without any licence fee as CSIR 800 initiative. Such licensing would be in open source mode. However, patent can be taken on the knowledgebase. [CSIR O.M. No.18/NInC/CSIR -800(1)/2012-PPD dt. 19-1-2012] MAINTAINING THE UNIFORM PACE OF EXPENDITURE DURING ALL QUARTERS OF THE FINANCIAL YEAR The Secretary to the Govt. of India, Ministry of Finance, Department of Expenditure, New Delhi vide D.O. letter No 21(1)-B(PD)/2005-Vol.II dated 5-1-2012 has reiterated to maintain the uniform pace of expenditure during all quarters of the financial year so as to avoid rush of expenditure in the last quarter of financial year. In pursuance of the instructions and for their compliance, only up to an upper ceiling of 33% of the budgetary allocation may be spent in the last quarter of the year and 15% in the month of March. The CSIR, in its various communications had also been advising to keep expenditure level uniformly during all quarters of financial year to avoid any cut at Revised Estimate stage. [CSIR Lr. No. No.31-2(1)/2011-12/Bud. dt. 25-1-2012; GOI MOF DOE D.O. Lr. No.21(1)-B/ 2005-Vol.II dt. 5-1-2012] GRANT OF FAMILY PENSION TO NEXT ELIGIBLE MEMBER IN THE FAMILY IN THE CASE OF MISSING FAMILY PENSIONER As per extant instructions of the Govt., conditional provisions have been made in the case of a missing employee/pensioner as a measure of social security, to cut short the period of 7 years, as given in Sections 107 and 108 of Indian Evidence Act, 1872, after which the presumption of a missing person being no longer alive may be raised, and to enable the family pensioner to receive family pension after a period of six months from the date of filing FIR. However, there is no such provision in the case of a missing family pensioner that the next eligible member of the family of the employee/ pensioner may be granted family pension. It has now been decided to make similar provisions to mitigate the hardships of the family caused by the deprivation of its rightful family pension as a consequence of disappearance of the family pensioner. The

3 administrative Departments/Ministries may grant family pension to the next eligible member in the family subject to fulfilment of conditions as prescribed from time to time for dealing with the cases of missing employees/pensioners. The Indemnity Bond to be signed in respect of missing pensioners has been suitably modified to include the name and relationship of the next eligible family member as well as the deceased employee/pensioner and the missing family pensioner(s). The Bond can be downloaded from the Website of Pensioners’ Portal (www.pensionersportal.gov.in). These provisions would also be applicable in case a person, who is eligible for family pension, goes missing before the family pension is actually sanctioned to him/her. In such cases, family pension will be sanctioned to the next eligible person. [CSIR Endt. No. 34-1(11)/CSIR/Pension/2011-12 dt. 30-1-2012; GOI MOPPG&P DOPT O.M. No. F.No.1/17/2010-P&PW(E) dt. 2-1-2012; Swamysnews, Feb. 2012, 73-76] REVISED SCREENING CRITERIA UNDER CSIR SCIENTISTS ASSESSMENT PROMOTION The Recruitment & Assessment Board, CSIR is in the process of bringing out a new compilation of CSRAP Rules, incorporating various amendments/modifications which have taken place till now. As approved by the competent authority in terms of Rule 9 of CSIR Scientists Recruitment and Assessment Promotion (CSRAP) Rules, 2001, it is requested that the assessment cases fallen due in 2010-11 may be processed on the basis of following revised screening criteria: "Rule 7.4 - All Scientists will be first screened for eligibility on the basis of grading in the reports of ARP/PMS and only those Scientists who satisfy the minimum residency period linked to their performance threshold scores as indicated in the Table below shall be considered for further assessment: Grading Need Improvement Satisfactory Good Very Good Excellent Outstanding

Range of marks … … … … … …

40-49 90-59 60-69 70-84 85-89 >90

The bench marks for being eligible to be considered for assessment is "Satisfactory" for "Junior Scientist" (existing Group IV(1)) and "Good" for levels "Scientist C" and above." [CSIR Lr. No. P.F.No.1-5(1)/174(AsPr)/2009-RAB dt. 14-2-2012]

4 UP-DATING SWAMY’S HANDBOOK Page 27

157

310

Subject matter with reference Section 2: Central Govt. Health Scheme 5. Facilities available: Add as a new para – “(xxi) Reimbursement of expenses of In Vitro Fertilization (IVF) treatment subject to conditions.” Section 6: Conduct Rules 7. Property Transactions: 3. Annual property returns, by 31st January: Add as a new sub-para – “If the Officers fail to submit the return by 31st January, Vigilance Clearance should be denied to them.” Section 16: Medical Attendance Rules 1. General Scope: Add – “15. In Vitro Fertilization (IVF) treatment” Section 24: Retirement on Superannuation 16. Family Pension: 1. Substitute the following heading for the existing Para 13 – 13. Family pension can be paid when the whereabouts of the employee/ pensioner/ family pensioners are not known. – 2. Under para 13, add as new sub-paras – “4. In respect of missing family pensioner, family pension can be granted to the next eligible member in the family subject to fulfilment of conditions prescribed for missing employees/pensioners. 5. When a person eligible for family pension goes missing before the family pension is actually sanctioned to him/her, the family pension will be sanctioned to the next eligible person subject to conditions prescribed for missing employees/pensioners.”

[Swamysnews, March 2012, 1-2] REIMBURSEMENT OF RENT TO GOVT. SERVANTS DURING THEIR STAY IN STATE BHAVANS It has been noted that the Officials who are posted to the Centre and temporarily stay in the State Bhavans/Guest Houses run by the State Govts./Autonomous Organizations, face hardship due to non-reimbursement of the amount of rent paid by them equal to 10% of their basic pay. It has been decided to reimburse the amount of rent paid by them or the HRA admissible to them whichever is less w.e.f. 15-12-2011, subject to fulfilment of the following conditions: a)

the Official has applied for accommodation of his entitlement, subject to exception of cities as specified in Para 4 (a) (ii) of O.M. No.2(37)E.II(B)/64 dated 27-11-1965 as amended from time to time but has not been allotted residential accommodation by the Govt.

the concerned Guest House should be located at the place of posting of the Official; and

the Official must have stayed in State Bhavans/Guest Houses run by the State Govt./Autonomous Organization and submit rent receipts in support of payment of rent.

The amount paid as rent in excess of admissible HRA, if any, will have to be borne by the Official concerned on his own. [GOI MOF O.M.No.2(25)/2004-4-E.II(B) dt. 15-12-2011; 2012, 4-5]

Swamysnews, Feb.

INCOME TAX DEDUCTION FROM SALARIES DURING THE FINANCIAL YEAR 2011-12 UNDER INCOME TAX ACT, 1961 The rates of deduction of Income Tax from the payment of income under the head “Salaries” under Section 192 of the Income Tax Act, 1961, during the Financial Year 2010-11 were intimated. The rates of deduction of Income Tax from the income chargeable under the head “Salaries” during the year 2011-12 and certain related provisions of the Income Tax Act were notified. The relevant Acts, Rules, Forms and Notifications are available at the Website of the Income Tax Department: www.incometaxindia.gov.in [GOI (CBDT) Cir.No.5/2011, F.No.275/192/2011-IT(B) dt. 16-8-2011; Swamysnews, Feb. 2012, 5-53] AMENDMENT TO CCS (LEAVE) RULES, 1972 In the First Schedule to the CCS (Leave) Rules, 1972 against Sl. No.(1) in Column 2 after the words ”Seamen’s Sick Leave”, the words “Paternity Leave, Child Adoption Leave, Paternity Leave for Child Adoption and Child Care Leave” shall be inserted. [GOI MOH Circular No.F.No.S.11024/8/2011/CGHS(P) Swamysnews, Feb. 2012, 54]

dt.

14-11-2011;

EXTENSION OF RISK ALLOWANCE TILL 31-12-2012 It has been decided to extend the payment of Risk Allowance to continue for a further period of six months up to 30-6-2012 or till such time Risk Insurance Scheme is implemented, whichever is earlier. [GOI DOPT O.M. No.21012/01/2008-Estt.(Allowances) Swamysnews, Feb. 2012, 72]

dt.

28-12-2011;

SCIENTIST-IN-CHARGE, DATA CENTRE, CSIR HQS. Shri Devi Prasad Bhukya, Scientist will also act as In-charge for newly created Data Centre & IT Services at CSIR HQs. for Enterprise Transformation Project, in addition to his current responsibilities/duties in Planning & Performance Division (PPD). [CSIR O.M. No. 6-8(2475)/2011-EMI dt. 23-2-2012] ANNUAL CLOSING OF GPF/CPF ACCOUNTS FOR THE YEAR 2011-12 As the end of the financial year 2011-12 is fast approaching, the Annual Closing of Provident Fund Account for the current financial year is required to be forwarded to CSIR. Accordingly, the following steps have to be taken to furnish information in the Proforma A, B & C (not reproduced here) for the purpose. 1.

The interest on GPF/CPF, Council Contribution, Interest on Council Contribution and Council Contribution resumed, calculated and entered in individual ledger must be reconciled with the entries made in IMPACT. It should be ensured that the figures appearing on the receipt side under these Heads should match with the figures appearing under corresponding Heads under Provident Fund Reserve Account on the payment side of R&P Account. Any difference in this regard may also be explained appropriately.

Recoveries, Payments, Remittances and Recoupments for the year 2011-12 must be reconciled among the three sets of records i.e., Provident Fund Ledger, Broadsheet and IMPACT figures and the Labs./Instts. have to forward a copy of the same to CSIR HQs. It may be ensured that all Provident Fund remittances/recoupments routed through RTGS are taken into Cash Book and accounted for in the Provident Fund account.

The differences of previous years, if any, in transfer in/out should also be reconciled before closing of Accounts.

It may be ensured that all the 'Transfer IN/OUT' entries have been carried out before closing of March Final Accounts.

It may also be ensured that the Asset and Liability projected in the P.F. Annual Accounts as on 31-3-2012 matches with the figures of respective Ledger/Broadsheet and the figures communicated to the CSIR HQs. The above information in the prescribed proforma duly reconciled may be forwarded to CSIR by 9-4-2012 to enable the CSIR HQs. to consolidate the Provident Fund Account in time. A soft copy may be mailed to: E-mail ID sofunds@csir.res.in

[CSIR Lr. No. No.32-8(4)/Fund/2010-11 dt. 24-2-2012]

POSTING & TRANSFER OF COMMON CADRE OFFICERS The following points are extracts from the Postings & Transfer Order dated 25-2-2012 reproduced for the information of the Administrative Staff members. The DG, CSIR vide his e-mail of 26-12-2011 to all Common Cadre Officers (CCOs) desired to have the existing system of Postings & Transfers of CCOs reviewed so as to achieve optimum level of satisfaction amongst Common Cadre Officers. As a step in this direction, all CCOs, including SOs holding the Non-Functional Scales were asked to choose one of the six zones and indicate their preferences for posting in the following manner: 1.

Preferred location -- 3 choices, indicating the names of Labs./Instts. and station

Whether the Officer would like to be posted at CSIR HQs./CSIR Cx./HRDC? Keeping in view the above and to 'maximize satisfaction with minimum dislocation, the posting and transfer of the CCOs has been approved by DG, CSIR based on the following guiding principles:

Accommodate requests of Directors of Labs./Institutes and that of CCOs to the extent possible keeping in view the Zone-wise options exercised by CCOs.

While considering options of CCOs, those at difficult stations and those who have completed full tenure at their respective stations of postings be given priority.

Transfers may be proposed only in those cases where the Officer has > 10 years to serve the organization. On transfer out of one's station of choice, the Officer shall be allowed to retain Council accommodation on payment of normal Licence Fee.

Those who have < 5 years of service should not be disturbed, unless there are justifiable reasons or a substantiated complaint against the Officer. Rather efforts should be made to accommodate them at the stations of their choice or in the Labs./Institutes near to the station of their choice.

Efforts have been made to accommodate officers as per their choices. However, it may not be possible to accommodate all of them at their desired places. The names of such Officers who could not be accommodated as per their choices, have been kept on Wait-list for desired places of posting. This Wait-list shall be notified separately. [CSIR O.M. No.3-4(C)/2011-E.I dt. 25-2-2012]

ORGANIZATIONAL STRUCTURE, SCOPE AND FUNCTIONS OF THE CENTRAL BUREAU OF INVESTIGATION Ch. Srinivasa Rao Founder-Editor, “HARMONY” and Formerly COA, CSIR-NGRI Hyderabad Historical background The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Govt. of India. The functions of the SPE were to investigate cases of bribery and corruption in transactions with the War & Supply Department of Govt. of India during World War-II. The Superintendence of the SPE was vested with the War Department. After the end of the War, the need for a Central Govt. Agency to investigate cases of bribery and corruption by Central Govt. employees was realized. Thus Delhi Special Police Establishment (DSPE) Act was therefore brought into force in 1946. The power to investigate cases is derived from the DSPE Act. This Act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the GoI. The jurisdiction of the SPE extends to all the Union Territories and can be extended also extendable to the States with the consent of the respective State Govts. The SPE acquired its popular current name, THE Central Bureau of Investigation (CBI), through a Resolution of the Ministry of Home Affairs (MOHA) on 1-4-1963. Scope Initially the offences that were notified by the CG related only to corruption by CG servants. In due course, with the setting up of a large number of the PSUs, the employees of these Undertakings were also brought under the CBI purview. From 1965 onwards, the CBI was entrusted with the investigation of Economic Offences. During 1969, on Nationalization of the Banks, the Public Sector Banks and their employees also came within the ambit of the CBI. The SPE initially had: (i) General Offences Wing (GOW); and (ii) Economic Offences Wing (EOW). The GOW deals with cases of bribery and corruption involving the employees of CG and PSUs. The EOW deals with cases of violation of various economic/fiscal laws. Under this set-up, the GOW

9 in the four metropolitan cities, i.e., Delhi, Madras, Bombay and Kolkata, and the EOW had at least one Branch in each State. These Branches deal with offences reported from the Regions consisting of several States. Widening role The CBI is the premier investigating Police agency in India. The CBI plays a major role in National security for preservation of values in public life and for ensuring health of the national economy. The CBI is also the nodal Police agency in India which coordinates investigation on behalf of Interpol Member-Countries. As the CBI, over the years, established a reputation for impartiality and competence, demands were made on it to take up investigation of more cases of conventional crime such as murder, kidnapping, terrorist activities, etc. from 1965 onwards on selective basis. Apart from this, even the Supreme Court and the various High Courts of the country also started entrusting such cases to the CBI on petitions filed by aggrieved parties. Taking into account the fact that several cases falling under this category were being taken up for investigation by the CBI, it was found expedient to entrust such cases to the Branches having local jurisdiction. It was decided in 1987 to constitute two investigating Divisions in the CBI -- Anti-Corruption Division and Special Crimes Division, the latter dealing with cases of conventional crimes, besides economic offences. Extension of jurisdiction and powers The CG may by Order extend the powers and jurisdiction of the CBI to any area including Railways for the investigation of any offences. The powers and jurisdiction of members of the SPE are extended to any area, subject to any Orders the CG may make for discharging the function of a Police Officer in that area and shall, while so discharging such functions, be deemed to be a member of a Police Force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a Police Officer belonging to that Police force. Directorate Directorate of Prosecution The Directorate of Prosecution (DOP) in the CBI is responsible to conduct and supervise the cases pending trial, appeal and revision in Courts. The DOP is the chief functionary of the Prosecution Wing of the CBI and is vested with the powers of direction and control over the Prosecuting Officers. He is assisted by the Addl. Legal Advisors, Dy. Legal Advisors, Sr. Public Prosecutors, Public Prosecutors and Assistant Public Prosecutors posted in the Head Office/High Courts and Zones/Regions and Branches/Units. The functions of the Directorate of Prosecution, inter alia, include the following:

10 Tendering Legal Advice in the CBI cases Conducting prosecution in the CBI cases Matters relating to Notification of offences u/s 3, 5 and 6 of the DSPE Act Processing Legal matters pertaining to the Conferences and meetings Interpretation of laws, statutory rules, regulations and amendments Preparation of Notes on Legal matters for publication in the CBI Bulletins Appointment of Special Judges, Magistrates, Retainer/Special Counsels Appointment of the CBI Prosecuting Officers u/s 24 and 25 of Cr.P.C., 1973 Replies to Parliament Questions on the above matters Constitutional protection of the accused S.No. Article 1. Article 20 (2) 2.

Article 30 (2)

3. 4. 5.

Article 309 Article 310 Article 311

Ensured guarantees No person can be punished for an offence for which already punished Provides that no one should be punished twice for the same offence which is technically called as â&#x20AC;&#x153;double jeopardyâ&#x20AC;? Recruitment and conditions of service Pleasure tenure; not absolute - No person who is a member of a Civil Service of the Union or an All India Service or a Civil Service of a State or holds a civil post under the Union/State shall be dismissed or removed by an authority subordinate to that by which he was appointed - No such person shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. - Reasonable opportunity should be given to the accused to deny his guilt and to establish his innocence - Opportunity of being heard - Opportunity to represent - Reasons to be recorded for dismissal/ removal/ reduction in rank

Functions The CBI has grown into a multidisciplinary investigation agency over a period of time. Today it has the following three divisions for investigation of crime:

11 i)

AntiAnti-Corruption Division for investigation of cases under the Prevention of Corruption Act, 1988 against Public Officials and the employees of Central Govt., PSUs, Corporations or Bodies owned or controlled by the GoI

ii)

Economic Offences Division for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime.

iii)

Special Crimes Division for investigation of serious, sensational and organized crime under the Indian Penal Code and other laws on the request of State Govts. or on the orders of the Supreme Court and the High Courts.

Interpol of India: The CBI acts as an interface between the law enforcement agencies of India and other countries to ensure such cooperation. It facilitates exchange and sharing of information by these agencies. It also publishes the Red Notices of the fugitive criminals, wanted in India, published. Red Notice is a notice published by the Interpol Headquarters at France on the request of a Member-Country for tracing a fugitive in a criminal case by all the law enforcement agencies of the MemberCountries. If such a fugitive is traced, the requesting country is informed for taking steps for extradition of the fugitive. It plays a role in negotiation and finalization of Mutual Legal Assistance Treaties and Extradition Treaties between India and other countries. The CBI facilitates execution of Letter of Requests for Investigation in India and abroad. The Ministry of External Affairs (MEA) is the nodal agency for extradition of fugitives. The CBI Interpol can help the law enforcement agencies in tracing/ locating the fugitive so that it can make a formal request for extradition of the fugitive to the MEA. Vigilance set up The Investigating Units of the CBI being (i) Regional Units; and (ii) Central Units. The CBI consists of the following Divisions: Special Police Establishment ..Anti-Corruption Division ..Special Crime Division ..Economic Offences Division Policy Division Interpol & Coordination Division Administrative Division Legal Division Central Forensic Science Laboratory Training

The CBI makes coordinated efforts in deciding: (i) Points & Places of Corruption (ii) Preparation of Agreed List; (iii) Undesirable Contact men; and (iv) Plan Surprise Checks Limitations The CBI has to consider the monetary value involved in a case before accepting such cases for being handled by an appropriate authority: • • •

Up to Rs.1 crore Rs.1 crore to Rs.5 crores Rs.5 crores and above

.. .. ..

Local Police CBI Unit CBI HQs. Delhi, Bombay, Kolkata, Bangalore

Who is a public servant ? Before venturing to other aspects, it is necessary to examine the term ‘public servant’ which has a vast definition covering over 12 points. In terms of para 2 (c) of the Prevention of Corruption Act, 1988, Public servant, inter alia, means “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 Govt. or a Govt. Company as defined in Section 617 of the Companies Act, 1956 (1 of 1956)”. In simple terms, Public servant has also been defined as “any person who holds an Office by virtue of which he is authorized or required to perform any public duty”. Nature of cases to be referred to the CBI The following types of cases can be referred to the CBI:

Commission of Criminal Offences Acceptance of illegal gratification Disproportionate assets Showing profit to Contractor Causing pecuniary loss to Govt.

The Chief Vigilance Officer/Head of the Department concerned has to provide details such as nature of cases, amount involved, if any, Officer(s) involved in the case, etc. Petty Cases like, TA, LTC, misuse of vehicles, shortage or minor thefts of stores, violations of Departmental rules only, small loss, have to be avoided. Origin of cases The cases largely originate from the following sources:

Prime Minister’s Office Nodal Ministry (DOPT, GoI)

Reserve Bank of India Central Vigilance Commission Courts Vigilance Departments of various organizations under GoI Special Vigilance of the CBI Print & Electronic media Unions & Associations Friends & Relatives

Action against Officers borrowed/lent Where the services of a Govt. servant are lent by one department to another department or to a State Govt. and other similar organizations, the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing such Govt. servant under suspension and of the Disciplinary Authority for the purpose of conducting a disciplinary proceeding against him under intimation to the lending authority. If any of the penalties specified in clauses (i) to (iv) of Rule 11 of CCS (CCA) Rules, 1965 should be imposed on the Govt. servant, it may make such Orders on the case in consultation with the lending authority. If the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (ix) of Rule 11 should be imposed, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry. Same procedure has to be followed in the case of Officers borrowed from State Govts. and vice versa. Preventive Vigilance The basic objective of the CBI is to indulge in Preventive Vigilance to ensure that the management gets the maximum out of its various transactions; and further conducts: • • •

Joint checks in respect of Stores, cash, points of public dealings, etc. Reporting of high value transactions Preparation of Lists and follow up action such as: ..Agreed List of suspect Officials ..List of Officers of doubtful integrity ..List of points and places of corruption ..List of undesirable contact men

Detective Vigilance Effective use and scan of Complaints, Inspection/Audit/Press/CBI Reports, Judicial Remarks, Source Information, etc. Detection of corrupt practices, malpractices, negligence, misconduct Better surveillance of public contact points Close watch on Officers at sensitive posts of doubtful integrity and detect fraud

14 Scrutiny of decisions taken by Officials having discretionary powers Organizing traps/raids with the help of Police/CBI Surveillance of public contracts Vigilance angle The existence of vigilance angle in an Official act/performance may also lead to prosecution. Such instances are: i)

Demanding and/or accepting gratification other than legal remuneration in respect of an Official act or for using his influence with any other Official.

ii)

Obtaining valuable thing, without ‘consideration’ or with ‘inadequate consideration’ from a person with whom he has or likely to have Official dealings or his subordinates have Official dealings or where he can exert influence.

iii)

Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a Public servant.

iv)

Possession of assets and incurring expenditure which are beyond the known source of income of a public servant is punishable. The public servants are to provide specific details about assets and expenditure. Providing general and vague information does not help. Upon receiving such details, the CBI conducts discreet verification of the same and if the information is found to be correct, it conducts raids at the premises of such public servants after registration of a criminal case.

Cases of misappropriation, forgery or cheating or other similar criminal offences. Other instances of gross or willful negligence, adversely reflecting on the integrity of the employees.

vi)

Showing favour in award of Contract causing pecuniary loss to Govt.

Absence of vigilance angle in various acts of omission and commission does not mean that the concerned Official is not liable to face consequences of his actions. All such lapses not attracting vigilance angle would have to be dealt with appropriately as per the disciplinary procedure.

Suo moto action The laws under which the CBI can investigate Crime are notified by the CG. As per Section 2 of the DSPE Act, the CBI can suo moto take up investigation of offences notified in Section 3 only in the Union Territories. Taking up investigation by the CBI in the boundaries of a State requires prior consent of that State. The CG can authorize the CBI to investigate a specific crime committed in a State with the consent of the concerned State Govt. The Supreme Court and High Courts, however, can order the CBI to

15 investigate such a crime anywhere in the country without the consent of the State. The superintendence of the CBI related to investigation of offences under the Prevention of Corruption Act, 1988 lies with the CVC and in other matters with the DOPT, GoI. Registration Registration of a crime The CBI is a specialized agency meant for investigation of crime relating to Corruption by Public Servants under the control of the Central Govt., serious economic offences, frauds and sensational crime having interstate/all-India ramifications. The CBI does not take up investigation of general and routine nature of crime as the Police forces of the State and Union Territories are meant to investigate such crime. As far as crime of corruption by public servants of the CG is concerned, an individual can approach any Anti-Corruption Branch of the CBI nearest to him, anywhere in the country. The CBI has such Branches in all the State Capitals and many other cities. The CBI can be approached through various means such as personal appearance, sending the information/complaint by post, by SMS from a mobile phone, by making a phone call to the concerned Branch, by sending E-mails to its Officers and by posting the information/complaint on this Website. A large part of crime unearthed by the CBI of corruption and serious offences are based on oral information provided by the individuals in confidence. The CBI has a very well laid down policy of handling such information and informants, which is being followed scrupulously. The informant is only handled by the Officer to whom the information has been provided. Disclosure of the identity of the informant cannot be demanded even by the senior Officers of the Officer to whom the information has been provided. The identity of such informant is never put in writing in any record. It is not even disclosed to the Courts as the they do not have powers to compel the CBI to disclose the identity of the informant. No action is initiated by the CBI on such information without subjecting them to discreet verification. While taking care that the secrecy of the information is not leaked, such information is put to detailed verification. It is only after ensuring that a prima facie criminal case is made out, a criminal case is registered and further action taken.

Modus operandi of the CBI 1.

In cases investigated by the CBI against any public servant who is not removable from his Office except with the sanction of the President, the CBI forwards its Final Report of investigation to the CVC and also simultaneously endorses a copy of the Report to the Administrative

16 Ministry/Department concerned, the competent authority shall within three weeks formulate its tentative view regarding the action to be taken and seek the advice of the CVC in the matter. 2.

The CVC would tender its advice within ten days to the concerned administrative Ministry/Department which shall finalize its view in the matter within a week and issue Orders for sanction of prosecution accordingly.

The concerned Ministry/Department shall refer the case to CVC for reconsideration only in exceptional cases when new facts come to light. The Committee of experts proposed to be set up by the CVC with Experts drawn from Civil Services, PSUs and Banks shall examine the CBIâ&#x20AC;&#x2122;s recommendation and the tentative view of the concerned Ministry/Department in greater detail and the CVC would render appropriate advice to the competent authority based on the findings of the Expert Committee within a fortnight.

If the CVC, on reconsideration, advises grant of sanction, the concerned Ministry/Department will issue the requisite Orders immediately. However, if the concerned Ministry/Department proposes not to accept the reconsidered advice of the CVC, the case will be referred to the DOPT for a final decision as per DOPT O.M. No.134/2/85AVD-I dated 17-10-1986. The DOPT shall decide the case within three weeks and convey its decision to the concerned Ministry/Department.

The responsibility of processing cases for sanction of prosecution within the time limits laid down shall continue to remain with the Administrative Ministries/Departments. All pending cases for sanction of prosecution would be reviewed every month by the concerned Secretary to ensure that a decision in a case for grant of sanction for prosecution is taken within the given time-frame.

The CVC will call a meeting of Secretaries of such Departments where there are delays in according sanction for prosecution for a review from time to time and draw DOPTâ&#x20AC;&#x2122;s attention on such delays.

In case, a decision is not taken by the Administrative Ministry/ Department within the time limit laid down, it shall be mandatory to the concerned Secretary of the Department to forward a written explanation to the Cabinet Secretary for appropriate examination by the competent authority.

All such delayed cases will be placed before a Committee to be chaired by the Secretary (Personnel) and comprising the Secretary of the Administrative Ministry/Department, Law Secretary and Director, CBI for scrutiny and recommendation. A copy of the explanation furnished by the Secretary to the Administrative Ministry/Department shall also be placed before the Committee. The recommendations of the

17 Committee shall be forwarded to the Cabinet Secretary for Orders of the competent authority. Guidelines for making an arrest The Police Officer (PO) is vested with the power to arrest a person and keep him in Police custody as per the provisions of CrPC. Since the arrest and detention takes away liberty of an individual, the power of arrest must be used with utmost care and safe custody of the arrested persons must be ensured. Since right to life and personal liberty is one of the Fundamental Rights conferred by the Constitution of India on all citizens of the country, law forbids the PO to use more than the minimum force required to deal with a particular situation. The PO is duty bound to record the reasons not only for making an arrest for an cognizable offence punishable with imprisonment for a term up to 7 years with or without fine, but also for not making an arrest. The reason recorded will be open to judicial scrutiny. The PO must be convinced about the bona fides of the case before making an arrest. It is compulsory for the Police to issue notice in all such cases where arrest is not required to be made. Police can arrest a person, if he fails to comply with the terms of notice or is unwilling to identify himself during issuance of a notice of appearance by the Police. The following instructions relating to arrest of a person and his Police custody will be handy: While effecting arrest i)

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 their designations. The particulars of all such Police personnel who handle interrogation of the arrestee must be recorded in a Register. The PO carrying out the arrest of the arrestee shall prepare a Memo of Arrest at the time of arrest and such Memo shall be attested at least by one witness who may either be 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 countersigned by the arrestee and shall contain the time and date of arrest

ii)

The Officer-in-Charge (OIC) who is given the responsibility of the arrest of an accused shall be provided with sufficient manpower and also carry handcuffs, wherever necessary. Whenever necessary, assistance of local Police should be taken while arresting an accused.

iii)

While making arrest of any person, a PO is required to use reasonable force and all measures necessary to effect the arrest. The PO is not empowered to cause death of the person sought to be arrested, even if

18 he is resisting or evading arrest, unless the person concerned is accused or an offence punishable with death or imprisonment for life. iv)

Every arrested person should be informed about the full particulars of the offence and the grounds of his arrest and also, in a bailable case, he is entitled to be released on bail and that he may arrange sureties on his/her behalf. The rights of the arrested person have been dealt in details in various provisions of Chapter V of CrPC as well as in various judicial pronouncements.

The arrested person should be informed of this right as soon as he is brought to the CBI Office or at the Camp Office where he is brought after the arrest, it is the duty of the PO to inform the friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information about his arrest and place of detention. The entry regarding arrest of the person and information given to such person should be made in the General Diary maintained in the CBI Branch.

Medical Examination i)

The PO effecting the arrest is duty bound to get the accused examined by a Medical Officer in the service of Central/State Govt. or in their absence by a Registered Medical Practitioner, soon after the arrest is made. Any major or minor injuries present on his/her body must be recorded at that time. The â&#x20AC;&#x153;Inspection Memoâ&#x20AC;? must be signed both by the arrestee and the PO effecting the arrest and its copy provided to the arrestee. It should be ensured that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female Medical Officer, and in case the female Medical Officer is not available, by a female RMP.

ii)

The arrestee should be subjected to Medical Examination once in every 48 hours during detention in custody by a Doctor on the panel of approved Doctors appointed by the Director, Health Services of the State/UT concerned.

iii)

In case the arrested person is suffering from any illness or injuries at the time of arrest or becomes ill or sustains injuries while in custody, he shall immediately be taken to the nearest Govt. Hospital/Health Centre for Medical Examination. If such facility is not proximate, the arrested person shall be taken to the nearest available Doctor. However, he should be taken to a Govt. Hospital at the earliest opportunity and necessary arrangements for his treatment should be made promptly.

19 Search of arrested person i)

All persons arrested who have not been granted bail; or unable to furnish bail; or cannot be legally admitted to bail, shall be thoroughly searched without delay and all articles other than necessary wearing apparel found upon him placed in safe custody. A Search Memo shall invariably be prepared by the Officer making arrest. The Memo thus prepared shall contain details of property recovered and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the PO should be given to such person, including any offensive objects seized should be kept in safe custody.

ii)

The offensive weapons found during the personal search should be seized and all weapons so taken be delivered to the Court or an Officer before whom the arrested person is required to be produced at the time of his production.

iii)

Wherever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Production of arrested person in the Court i)

Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of 24 hours of such arrest, excluding the time necessary for the journey from the place of his arrest to the Court of the Magistrate and that no such person shall be detained in custody beyond the said period without the authority of the Magistrate.

ii)

In case the arrested accused person is required to be taken to Court from the place of arrest or from the CBI Office where he is brought, the OIC should invariably seek the assistance of the local Police as far as possible.

iii)

If there is a time gap in producing the accused in the Court after arrest, the OIC should lodge the arrested person in the Police lock-up of the nearby Police Station/CBI branch.

iv)

If any arrested person is ordered to be produced before any High Court or Supreme Court of India, he should be produced under proper escort. Proper briefing should be given to the Escort party, including the local Police to prevent ill-treatment or escape and also regarding the manner of responding to any untoward situation.

Before actually producing the detenue before the Court, the prisoner should first be taken to the Court Official and produced before the Court as per his advice. Liaison with Court Official and Govt. Advocate by the OIC is necessary. The behavioural aspects of the prisoner such as breaking down or indulging in strange unexpected behaviour, sudden bursts of activity, unpredictable behaviour, etc. to be borne in

20 mind. When being taken for production in Courts either for remand/ trial or in response to habeas corpus petition, advance planning should be made for transport, stay and production and the concerned personnel should be fully briefed. During custody i)

The Officer having custody of the arrested person is duty-bound to take reasonable care of the health and safety of the accused. The OIC should be suitably and effectively briefed by the Investigating Officer/Branch SP. The Supervisory Officer should frequently be in touch and ensure that no ill-treatment is given to the arrested person. The arrested person shall not be subjected to more restrictions than is necessary to prevent his escape. The place where the detenue is held in custody should be inspected from safety and security angles and all offensive objects likely to be used by him/her should be cleared.

ii)

Where it is not possible to produce the accused before the Magistrate before the fall of night or if there is any time gap in producing the accused in Court and it becomes necessary for the CBI Officers to keep the accused in Police custody, he/she may be lodged in the lockup of the CBI Branch or at the nearest Police Station. The SP should ensure that the detenue is not left in the sole custody of the local Police authorities but is also accompanied by some responsible Officers of the CBI.

iii)

It should be ensured that the detenue is escorted by adequate number of escorts whenever the accused opts to go for natureâ&#x20AC;&#x2122;s call or for any other purpose. The OIC should remain vigilant and ensure that the arrested accused is not allowed to come in contact with other persons.

iv)

At the time of interrogation of the detenue, no physiological/ psychological harm should be caused. The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

The arrested person should be suitably counselled to prevent trauma, fear or depression which might impel him to rash acts endangering his/her own safety and security and those guarding him. Constant watch should be kept at all times on arrested persons to frustrate any attempt like suicide, escape or other activity which may endanger his life or security of those guarding him.

vi)

It is the responsibility of the senior Officers to ensure that the Officials working under them behave in a humane manner and should continually guide the Investigating Officers during inspections and meeting and impress upon them the need for adopting correct and prescribed methods of investigation.

21 Custodial death i)

In case of any custodial death, the guidelines issued by the National Human Rights Commission (NHRC) should be strictly complied with. The Officer of the Branch, having custody of deceased person should immediately inform the incident of custodial death to the branch SP. The SP of the concerned Branch is required to report to the SecretaryGeneral of the Commission about such incidents within 24 hours of occurrence or his having come to know about such incidents.

ii)

The SP of the concerned branch is required to get all post mortem examinations done in respect of deaths in Police custody video filmed and forward the cassettes of the same to the Commission. The report regarding post mortem should be in the proforma as prescribed by the NHRC.

iii)

The custodial death falls within the provisions of unnatural death which is to be enquired by Police as per section 174 of CrPC. Accordingly, such a matter should be reported to nearest Executive Magistrate empowered to hold inquest and accordingly inquest should be got done. The enquiry in this matter should also be got done by the concerned Judicial/Metropolitan Magistrate within whose jurisdiction the offence has been committed.

Precautions in case of arrest of Women Women i)

It is also necessary to ensure that except in unavoidable circumstances, no woman should be arrested between sunset and sunrise. If one has to be arrested in exceptional circumstances during night, the woman PO effecting arrest must obtain prior permission of the First Class Judicial Magistrate by making a written report. If the circumstances make the arrest of the woman imminent, the justification for making arrest during night should be reported to the Branch SP or next superior Officer without delay. Submission of a woman arrestee to the custody on an oral intimation of arrest shall be presumed and unless the circumstances otherwise require or unless the PO is a female, the PO making arrest of a woman shall not touch her person.

iii)

In bailable cases, bail should be granted to the women without delay. If the offence in non-bailable, the arrested woman should be remanded to judicial custody with utmost expedition. While being escorted to jail, a male relative should be permitted to accompany the escort party. If an arrested woman has to be detained in Police custody, it should be ensured that she is kept in the female lock-up at the CBI/Police Station, a lady Official should be detailed to guard her during the custody.

Processing delays The CBI conducts investigations in the most professional manner. It lays great emphasis on the use of science and technology during

22 investigations. It requires evaluation of evidence by Forensic Laboratories and other experts such as Govt. Examiners of Questioned Documents. This often takes time. In addition to above, there is multi-layer supervision in the CBI. The evidence collected is analyzed threadbare both by Executive Officers and Law Officers at multiple levels. Because of all these factors, the CBI investigations often take time. In this era of Globalization and Information Technology, crime and criminals have gone transnational. The International Police Criminal Organization (Interpol) has emerged as an important institution for strengthening cooperation amongst law enforcement agencies of various countries. Model time limits The following model time limits are provided for guidance and compliance: S.No.

Nature of function

1. 2. 3. 4.

Inspection of documents Regular Hearing Written brief by PO, IO/CO Submission of Investigation Report

Tendering advice to Administrative Ministry/ Department Finalization of its view and issue of Orders Advice based on the findings of the Expert Committee Sanction for prosecution by the competent authority

6. 7. 8.

Time limit 4 weeks 3 months 15 days 30 days from the date of receipt of written brief from the Charged Officer 10 days 1 week Fortnight 3 months

The time limits are not applicable in Inter-State or International ramifications. Permission to initiate investigation Aspects are involved in the process for obtaining sanction for prosecution: SPâ&#x20AC;&#x2122;s Report and draft Sanction Order Perusal of relevant materials for application of mind by the Sanctioning Authority Clarification may be asked for removal of doubts by the Sanctioning

23 Authority Difference of opinion with justification Role of CVC, wherever required Communication of Final Orders of Sanctioning Authority The SPE shall not conduct any enquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval of the CG where such allegation relates to SD (Financial Offences), Banks, Insurance, Money laundering, etc. of the rank of Joint Secretary and above. The competent authority in these cases will be the Minister-in-Charge of the Ministry/Department of GoI. In such cases, intimation of refusal to grant permission along with reasons thereof will have to be put up to the Prime Minister. The provision of Section 6A of the SPE Act, 1946 provides for safeguarding senior public Officials against undue and vexatious harassment by the Investigating Agency. It has been observed that the requests are being made by the Investigating Agency were not being accorded due priority and the examination of such proposals at times lacked objectivity. The competent authority shall decide the matter within three months of receipt of request accompanied with relevant documents; and give a Speaking Order giving reasons for its decision. In the event, a decision is taken to refuse permission, the reasons thereof shall be put up to the next higher authority for information within one week of taking the decision. Instructions on according permission i)

Grant of sanction is an administrative act. The purpose is to protect the public servant from harassment by frivolous or vexatious prosecution and not to shield the corrupt. The Sanctioning Authority has only to see whether the facts would prima facie constitute the offence.

ii)

When an offence alleged to have been committed under the Prevention of Corruption Act has been investigated by the SPE, the Report of the Investigating Officer is invariably scrutinized by the DIG, the IG and thereafter by DG. Then the matter is further scrutinized by the concerned Law Officers in the CBI. As such, there will hardly be any case where the Govt. would find it difficult to disagree with the request for sanction.

iii)

The accused person has the liberty to file representations when the matter is pending investigation. When the representations so made have already been considered and the comments of the Investigating Officer are already before the competent authority there can be no need for any further comments of Investigating Officer on any further representation. A representation subsequent to the completion of

24 investigation is not known to law, as the law is well established that the material to be considered by the competent authority is the material which was collected during investigation and was placed before the competent authority. iv)

The competent authority cannot embark upon an inquiry to judge the truth of the allegations on the basis of representation which may be filed by the accused person before the Sanctioning Authority.

If the Sanctioning Authority after consideration of the entire material placed before it, entertains any doubt on any point, he may specify the doubt with sufficient particulars and may request the authority who has sought sanction to clear the doubt. But that would be only to clear the doubt in the Order that the authority may apply its mind properly and not for the purpose of considering the representations of the accused which may be filed while the matter is pending sanction.

vi)

If the sanctioning authority seeks the comments of the Investigating Officer while the matter is pending before it for sanction, it will almost be impossible for the Sanctioning Authority to adhere to the time limits allowed by Supreme Court.

Sanction for prosecution No Court shall take cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 of â&#x20AC;&#x153;Prevention of Corruption Act, 1988â&#x20AC;? alleged to have been committed by a public servant, except with the previous sanction of the competent authority competent to remove him from his Office at the time of the offence was alleged to have been committed. On conclusion of investigation of a case revealing prima facie evidence to prosecute a public servant, the CBI sends its Investigation Report along with the relevant documents seeking sanction for prosecution required. In some of the cases, the concerned authority takes unusually long time in communicating the decision and it also entertains representations from the accused while the time limit prescribed by the Hon'ble Supreme Court for this is only 3 months. NonNon-interference with the CBI It would be improper and objectionable on the part of any Department to write to the CBI questioning the fairness of investigation based on the version of the accused which amounts to undue interference with the due process of law. It needs to be kept in mind that the CBI is a professional agency and that in the course of investigation, the accused persons will also be afforded with reasonable opportunity to explain their version of events. Interference by the Departmental authorities at a time when a case is still under investigation by the CBI is neither desirable nor justified.

Laying traps The term â&#x20AC;&#x2DC;trapâ&#x20AC;&#x2122; is just a means of collection of evidence to prove the guilt. It is preferred because it facilitates collection of good evidence and makes a case full proof. In the absence of trap, it is difficult to collect evidence of demand of bribe. It does not mean that laying of trap is mandatory and nothing can be done in the absence of a trap. The CBI lays great emphasis on catching corrupt public servants who demand and take bribes. The process of catching such corrupt public servants red-handed while they demand and take bribes is popularly called the 'trap' which is not a legal term. A set procedure has been devised in the CBI to lay a trap against a corrupt public servant. The evidence collected during the process of trap is placed before the Court along with the charge sheet and is quite important in securing conviction of the public servant. Difference of opinion Where there is difference of opinion between the Department and the CBI in cases where the latter have recommended prosecution, the CVC would hold a joint meeting with the representatives of the CBI and the concerned Department. The CVO of the department should take a brief from the Disciplinary Authority before attending the meeting. However, the Disciplinary Authority is free to attend the meeting. Reconsideration Reconsideration of advice Any request for reconsideration of the advice of the CBI needs the approval of the Secretary to the GoI on the file or the Chairman, Managing Director or Head of the PSU or a Nationalized Bank, as the case may be. Such request should not ordinarily be made unless new facts have come to the notice of the Disciplinary Authority which were earlier not available and may change the complexion on the case. Preliminary Enquiry Basically, once a complaint is registered through various means such as Source Information Reports, etc., the CBI undertakes: (i) perusal of records, documents; (ii) verifying general reputation of the suspect; (iii) understanding procedure in award of contract with the help of departmental manuals, etc. In the process of Registration of a Preliminary Enquiry, the CBI undertakes the following activities:

Formally obtaining records, files, documents Bio-data of the accused Statement I to VI in DA case Placing the person under suspension, etc.

26 Regular Departmental Departmental Action Issues involved in taking Regular Departmental Action: Providing material for issue of Memorandum Nomination of Presenting Officer, if required Briefing of facts by the Investigating Officer of the CBI to the Departmental Presenting Officer Tightening of loose ends to avoid delay on the part of Charged Officer Assistance during regular hearing Preparation of prosecution briefs Assessment of circumstances leading to exoneration of Charged Officer Award of punishment Transfer of Charged Officer from sensitive to non-sensitive places/ Departments. RDA on recommendation of the CBI Supply of relied upon documents by the CBI Appointment of Enquiry/Presenting Officers Supply of copies Hostile/Partisan Inquiry Officer should be avoided Analysis of Results of RDA Passing of Final Order Prompt Communication of Final Orders Review of Final Orders for adequacy of punishment Presentation before the Disciplinary Authority Presentation before the Appellate Authority Nomination of Presenting Officer As a matter of practice, the CBI does not nominate the Presenting Officer in Regular Departmental Action cases, except in certain types of cases. In such cases, an Officer from the Department concerned is appointed as Presenting Officer. If the Department is of the view that a Presenting Officer from the CBI is a must, the concerned Department should furnish the reasons to the Commission to enable it to take it up with the CBI. Facilitating investigation Whenever the CBI desires to conduct investigation in respect of employees of any organization, such an organization has to provide facilities such as accommodation, communication facilities, fax, witnesses, transport, etc. to the investigating team. The Investigation involves the following: Summoning of witnesses relating to the case Production of articles/documents Provision of witnesses for traps, raids relating to cases of other Departments Suspension of accused - guidelines of DOPT/CVC Sanction for Prosecution

27 In case of disagreement between the CBI and the Department a reference has to be made to CVC Facilities and cooperation to be extended to SPE Scrutiny of relevant records which are to be made available to the Investigating Officer within a fortnight and positively within a month Withdrawal of cases Whenever the CBI desires to withdraw cases against CG servants from prosecution under Section 321 of Cr.P.C., 1973, approach the competent authority under whom the Govt. servant is employed or is under the administrative control of that authority which accorded sanction of prosecution is after satisfying itself regarding the misconduct of a person under Prevention of Corruption Act. The natural conclusion would be that in case any prosecution is to be withdrawn in respect of such person, again the same authority may have to satisfy itself about the feasibility of withdrawing the prosecution.

References 1.

The Constitution of India

Code of Criminal Procedure, 1973

GOI DOPT O.M. No.134/2/85-AVD-I dt. 17-10-1986

Prevention of Corruption Act, 1988

CBI Circular No.21/4/94-PD dt. 1-2-1994

Swamyâ&#x20AC;&#x2122;s Manual on â&#x20AC;&#x153;Disciplinary Publishers (P) Ltd., Chennai

GoI CVC Lr.No.3S/DSP/I dt.28-3-2002; CSIR Lr.No.15-1(60)/81 dt. 20-5-2002

GoI CVC Order No. 1/1/04 dt. 8-1-2004

CBI (Crime) Manual: 2005

10.

CBI Circular No.21/13/2005-PD dt. 1-4-2005

11.

CVC Order No.005/VGL/11 dt. 12-5-2006; GOI MPPG&P DOPT D.O. No.245122/2005-ACVD-II dt. 5/12-4-2006; CSIR Lr. No.15-6(82)/98-O&M dt. 15-5-2006

12.

GOI CVC Order No.23/6/06 dt. 23-6-2006; CSIR Lr.No.15-6(83)/98-O&MIII dt. 17-8-2006

Proceedings

(1999),

Swamy

28 13.

CSIR Lr.No.15-1(19)/67-Vig. dt. 19-9-2006

14.

GOI MPPG&P DOPT O.M.No.399/33/2006-AVD-III dt. 6-11-2006; CSIR Lr. No.15-6(82)/98-O&M-II dt. 20-11-2006

15.

GOI MPPG&P DOPT O.M. No.399/33/2006-AVD-III dt. 20-12-2006; CSIR Lr. No.15-6(82)/98-O&M-II dt. 10-1-2007

16.

GOI DOPT O.M.No.11012/6/2007-Estt.A dt. 1-8-2007; Swamysnews, Sept. 2007, 13-14

17.

GOI DOPT Lr. No. 36022/1/2007-Estt.(Res.) Swamysnews, Sept. 2007, 52

dt.

20-3-2007;

18.

GOI DOPT O.M. No. 42011/22/2006-Estt.(Res.) Swamysnews, Sept. 2007, 54-56

dt.

29-3-2007;

19.

CVC Lr.No.005-CBI-05 dt. 23-11-2005; CSIR Lr. No.15-6(83)/98-O&M dt. 17-1-2006

20.

GOI CVC Cir. No.008/MM/DCB1-15244 dt. 8-7-2008; CSIR Lr.No.156(83)/98-O&M-IV dt. 15-9-2008

21.

GOI DOPT O.M.No.2/22/2008-Estt.(Pay-II) dt. 3-11-2009; Swamysnews, Dec. 2009, 6-7

22.

GOI DOPT O.M. No.6/2/2009-CS.I(S) dt. 28-10-2009; Swamysnews, Dec. 2009, 7

23.

CBI Circular No.04/2011 dt. 18-5-2011

24.

CBI Circular No.7/2011; File No.21/45/2011-PD/2921 dt. 23-9-2011

25.

GOI MOPPG&P DOPT O.M. No.372/19/2011-AVD-III(Pt.I) dt. 26-9-2011

26.

Study material issued by the CBI Academy, Ghaziabad

27.

www.cbi.nic.in

.o.