Chapter – 4 Procedures Relating to Initial Inquiry or Investigation

Chapter – 4 Procedures Relating to Initial Inquiry or Investigation

Chapter – 4
Procedures Relating to Initial Inquiry or Investigation

11. Initial Inquiry:

In case the Commission deems, upon having studied the complaints relating to abuse of powers received at the
Commission, that initial inquiry has to be conducted, the Commission may conduct or cause to conduct initial inquiry on its own or by other governmental agency or organization or officials.

12. Investigation : (1) On the basis of gravity of the complaint filed at the Commission or on the basis of report of initial inquiry conducted pursuant to Rule 11, in case the Commission deems it necessary to conduct Investigation on such matter, it may designate Investigation Officer having prescribed the duration tocomplete the Investigation, necessary terms of reference relating to the Investigation and name of necessary support staffs.

(2) While appointing Investigation Officer pursuant to sub- rule (1), the appointment shall be made in the format referred to in
Schedule-2.
(3) In case the Investigation could not be completed within the time limit prescribed pursuant to sub-rule (1), the concerned Investigation Officer shall request the Commission for extending the time limit or for direction having also stated the reasons therefor.

(4) In case it is requested for extending the time limit pursuant to sub-rule (3), the Commission may extend the time
limit along with necessary directives.

13. Change of Investigation Officer : In case an Investigation Officer appointed to conduct Investigation on any matter could not complete the task assigned to him/her for any reason whatever or  could not have time to complete the Investigation or the said Investigation could not be completed by him/her and the said subject-matter has to be investigated from another Investigation  Officer, the Commission may, having appointed another
Investigation Officer, cause to conduct Investigation again or cause to complete the Investigation on the matters yet to be  completed by the then Investigation Officer.

14. Notice to be sent for seeking explanation, inquiry, statement or information of experts : While seeking
explanation or calling for inquiry or statement in connection with Investigation on improper act or corruption committed by any person assuming public office pursuant to Sub-section (1) of Section 11 or Section 15 of the Act respectively, the Commission shall give notice in the format referred to in Schedule-3 and while
calling experts or person having information, it shall give information on the format referred to in Schedule-4.

15. Statement may be taken keeping in due date or in custody : n case the task of taking statement by the Commission of the person alleged to have committed abuse of powers could not be completed on one day alone, the Investigation Officer may take statement having him/her kept on due date or in custody until the
task of taking statement is completed. 16. Provisions Relating to Due Date: While keeping the accused person on due date by the Commission in connection with an Investigation, due date shall be given to him in the format referred
to in Schedule-6 having prepared due date receipt in the format referred to in Schedule-5. 17. Supplementary (tatimba) statement: The Commission may, in connection with Investigation, take supplementary (tatimba)
statement or additional information having called the accused or person having information. 18. Arrest warrant : In case the Commission has to arrest a person in connection with an Investigation, an arrest warrant shall be given
in the format referred to in Schedule-7.

19. Detention slip :

While detaining any person in custody as per prevailing laws in connection with an Investigation, detention slip
shall be given in the format referred to in Schedule-8. 20. Search :

(1) While conducting search and seizure in connection with inquiry and Investigation on a complaint of abuse of authority, the deed of entrance and deed of search and seizure shall be prepared as per the formats referred to in Schedule-9 and 10 respectively.

(2) In case the cash, kind or any other goods found from search and seizure conducted pursuant to sub-rule (1) has to be taken, a receipt of taking such cash or goods has to be prepared and given to the house-owner or owner of the cash or kind or the person taking the custody of the cash or kind, and if none of them  are found or they are found but denied to take the receipt, the cash or kind shall be taken having given the receipt to the representatives of the local bodies. In case even the representatives of local bodies are not present, the same content shall be mentioned in the deed of seizure and the receipt shall be affixed on the place of seizure and if such content is stated in the deed of search and seizure, it shall be deemed to have been accepted by the concerned person.

21. Seeking Security or Guaranty of Assets :

(1) While seeking security or guaranty of assets from the person accused of corruption, the Commission shall issue order to that effect in the format referred to in Schedule-11.

(2) While seeking security or guaranty of assets pursuant to  sub-rule (1), deeds have to be prepared in the format referred to in Schedule-12 and Schedule-13 as the case may be.

22. Office May be Maintained at Any Place : The Commission may, in course of an inquiry and Investigation, maintain its office in any office or at any place in addition to its own office.

23. Report to be submit t ed :

(1) The Investigation Officer shall, upon completion of task of Investigation, submit report along with
his opinion having analyzed the collected evidences and the actual   position seen therefrom.

(2) On the basis of the report submitted pursuant to sub-rule (1), if it is found that the Investigation Officer has caused any procedural error or any other error while conducting the Investigation, the Commission may give order to rectify such error or it may itself examine the files and documents.

24. T o be Referred to for Keeping Record:

(1) In case the Commission has a warn to any person assuming public office, it shall be referred to the following offices for keeping its record: –

(a) In case of any official of political appointment, to the cabinet secretariat;
(b) In case of employees, to the concerned authority
(c) In case of persons other that those referred to in Clauses (a) and (b), to the authority prescribed by the
Commission.
(2) It shall be the duty of the concerned official/authority to maintain an updated record as referred to it pursuant to sub-rule (1).
25. Other Necessary Actions :

The Commission may, for the purpose of section 12A. of the Act, use the following actions as other
necessary actions
(a) To recover the amount,
(b) Not to appoint to the post of public responsibility for a period up to two years,
(c) Not to assign to the works of such responsibility for a period of two years in maximum,
(d) Not to entrust responsibility of making administrative and
financial decisions for upto two years,
(e) To prohibit to take part in foreign trainings, studies and seminars for up to a period of two years,
(f) To prohibit to perform any specific functions for uptoa  period to two years,
(g) Other actions deemed to be appropriate by the Commission.

26. To File a case:

Upon having decided by the Commission to file case of corruption, the concerned Investigation Officer shall file
the case to the concerned court having prepared the charge-sheet in the format referred to in Schedule-14.

27. Matters to be stated in Charge Sheet :

(1) While filing case relating to corruption, the following matters have to be stated in the charge sheet to the extent possible: –
(a) Name, surname, age of the accused along with his/her permanent and temporary, other contact address and
name of the grandfather and father and in case of a married woman, name of the husband;
(b) Duties, responsibilities, powers, date, position at the time of commission of corruption by a person holding
a public post;
(c) The matters or facts of the charges or accusations;
(d) The related law,
(e) Analysis of laws and facts,
(f) Matters of negligence, recklessness or mala fide intention,
(g) If unlawful gain or loss is caused, the matters showing to whom the gain or loss is caused,
(h) Amount of loss caused or attempted.
(i) Bases of determining the degree of culpability,
(j) Claim of punishment,
(k) Other relevant necessary matters
(2) In case a person is missed to have been charge sheeted pursuant to bus-rule(1), the Commission may file an additional charge sheet.
28. Notice of filing of a case : Upon filing a case against the person assuming public office, the Investigation Officer shall, within three days from the date of filling the case, give notice thereof to
the concerned authority.

29. Procedures relating to Appeal and Review :

(1) Upon receipt of a copy of the judgment after the verdict in the case filed by the
Commission and upon studying the judgment, the government attorney engaged in the Commission or the Legal Practitioner appointed for the same task or the concerned Officer shall submit is/her opinion to the Secretary whether or not an appeal or a review petition has to be filed. (2) With regard to the opinion received pursuant to sub-rule

(1), the Secretary shall submit the same to the Commission along with his/her comment or opinion, if any.

(3) The Commission shall decide whether or not to file appeal or review petition on the bases of the facts of the case, the relevant law, judgment of the court and opinions submitted pursuant to sub-rules (1) and (2).

(4) In case the Commission decides to file appeal or petition for review, the Commission shall, through the government attorney of the Commission or the Legal Practitioner appointed for the said work or the concerned Officer, file appeal or review petition to the concerned court.