Retain copies before giving documents to CBI: Govt to depts

All Central government departments have been asked to retain copies of documents before handing them over to investigating agencies like the Central Bureau of Investigation (CBI) and Income Tax department.

Besides, they have been asked to obtain certified copies of official documents filed in courts. The move assumes significance as there have been a few instances of official papers going missing amid departmental enquiries or during probes by investigating agencies.

The Home Ministry had in March set up an inquiry committee to probe the issue of missing files related to the case of alleged fake encounter of Ishrat Jahan. The Department of Personnel and Training (DoPT) has recently issued do’s and don’ts for the ministries in matters of “simultaneous action of prosecution and initiation of departmental proceedings”.

In cases of serious charges of misconduct, particularly involving moral turpitude, all departments have been asked to take prompt action.

“All incriminating documents should be seized promptly to avoid their tempering or destruction of evidence. Particular care needs to be taken for retention of copies of such documents while handing over the same to an investigating agency. These documents may be attested after a comparison with the originals,” the DoPT said in a directive to all ministries.

Documents and other evidence must be examined to see whether any misconduct, including favour, harassment, negligence or violation of rules or instructions has been committed. If there is a prima facie evidence of misconduct, charge sheet under the appropriate rule must be issued, it said. “In case the documents have been filed in a court, certified copies of documents may be obtained,” DoPT said.

All ministries have been asked to ensure that a charge sheet against a government employee accused of corruption is issued in time even if the case is probed by CBI or other agencies. It is noticed that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like the CBI, the guidelines said.

“It has been reaffirmed in a catena of cases that there is no bar in law for initiation of simultaneous criminal and departmental proceedings on the same set of allegations,” it said. In cases of acquittal also, if the court has not acquitted the accused honourably, charge sheet may be issued.

An appeal by the accused against conviction, but where the conviction has not been overturned or stayed, will have no effect on action taken under the service rules.