CIRCULAR No.31/2004. Disaster Management and Mitigation Department, Ezhilaglam, Chennai-5. Dated CIRCULAR No.31/2004

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1 CIRCULAR No.31/2004 Ser. 3(2) / 71738/2003 Revenue Administration, Disaster Management and Mitigation Department, Ezhilaglam, Chennai-5. Dated CIRCULAR No.31/2004 Sub: Directorate of Vigilance and Anti Corruption - Trap and Arrest Cases- Enquiry conducted by the Tribunal for Disciplinary Proceedings - final orders passed by the Competent Authorities - disposal of the connected records-instructions issued. Ref: G.O. Ms.No. 41/ Personnel and Administrative Reforms(N) Department dated On receiving information about the subversive activities or allegation of corruption on the part of the Government servants, the competent authority shall pass it to the Director of Vigilance and Anti Corruption. The Director of Vigilance and Anti Corruption, on receipt of the allegation of demand and acceptance of money or indulging in any act of dishonest in the discharge of official duty by a Government servant, shall arrange a " trap ". The Superintendent of Police, Vigilance and Anti Corruption have the power to register a case, where a trap has to be laid most urgently. The Director of Vigilance and Anti corruption however will inform this to the Vigilance Commission. The Directorate after detailed enquiry conducted, forward the allegations against the erred officials substantiated, resulting in actionable reports to Government through Vigilance Commission. The Government inturn remits the case by issuing an order either to the directorate or to the Tribunal for disciplinary proceedings according to gravity of the offence. 2) After observing usual formalities, the final orders are being passed by the Heads of Department and by the Government as the case may be. These final orders are communicated to the appropriate authority (i.e.) controlling authority of the accused officers along with the connected records for service and for implementing the orders. Government have also issued instructions from time to time, on the procedure to be followed in disposal of these vigilance cases.

2 3) However, the Collectors/appropriate authorities often seek instructions to dispose of the material evidences including " trap money ' as well as the connected enquiry records. 4) In this connection, I would like to invite your attention to the G.O. cited, wherein, instructions have been issued regarding the nature of the disposal of the " Trap money " and " material objects " marked during the enquiry by the Tribunal for Disciplinary Proceedings. A copy of the G.O. is enclosed for guidance. 5) In cases of non-availability of the person who lent money for laying trap, the " trap money " should be remitted into Government account under the following head of account - " unclaimed account Miscellaneous General scinces unclaimed Deposits - AA - unclaimed Deposits ( AA 0003)." 6) As regards the relevant records, which relate to the detailed enquiry conducted by the Tribunal, they can be clubbed with relevant file and closed as R.Dis. The receipt of the circular is to be acknowledge by return post. To All District Revenue Officers (WE) (Copy of G.O.41, dated ) Yours faithfully, Sd/- T.N.Ramanathan, (Joint Commissioner (RA) ) for Special Commissioner and Commissioner of Revenue Administration. Copy to Stock File of Ser. 3(1), 3(2), 3(3) and (4). Copy to Ser. II, IV & V. Spare-5. for Special Commissioner and Commissioner of Revenue Administration.

3 GOVERNMENT OF TAMIL NADU ABSTRACT Directorate of Vigilance and Anti-corruption-Trap cases- Reimbursement to Complainants of the amounts equivalent to the money used for the trap- Amendment to the Tamil Nadu Civil Services (Disciplinary proceedings Tribunal ) Rules, 1955 and Tamil Nadu Civil Services ( Discipline and Appeal ) Rules, Issued PERSONNEL & ADMINISTRATIVE REFORMS (N) DEPARTMENT G.O. Ms.No.41 Dated READ:- 1. G.O. (3D) No.10, Personnel & Administrative Reforms(Per.N) Department, dated From the Director of Vigilance and Anti-corruption, No.10611/VAC.4/89, dated and ORDER :- In G.O. (3D) No.10, Personnel and Administrative Reforms (Per.N) Department, dated , the Government issued orders directing that the trap money provided by the Complainant on application to be refunded to the applicant by the Director of Vigilance and Anti-corruption subject to the execution of agreements as in Annexure A and B to that order. 2) In the G.O. as well as in the agreement, the expression " trap money " has been used to mean both " the money used for the trap " and the " amount equivalent to the money used for the trap". Since, what is to be paid to the Complainant in trap cases in terms of the G.O. is only an amount equivalent to the money he had paid earlier during the trap, the actual money having been deposited in the Court, Government agree with the Director of Vigilance and Anticorruption that it would be more apt to use the expression " an amount equivalent to the trap money" wherever it is intended to mean " the amount intended for

4 reimbursement to the complainant", Therefore, the following amendment is issued to the draft agreement in Annexure A to the said order:- AMENDMENT In the said Draft Agreement for the clause " AND WHEREAS the Government has agreed to refund to the informant the trap money on the condition that the department will execute an agreement in the prescribed form", the following shall be substituted, namely :- // 2 // "AND WHEREAS the Government have agreed to refund to the informant the amount equivalent to the money paid during the trap on the condition that the informant will execute an agreement in the prescribed form ". 4) The Government further agree with the following views of the Director of Vigilance and Anti-corruption, viz:- " The responsibility for deciding the nature of disposal of the material objects should not be on the officer concerned in the Directorate of Vigilance and Anti-corruption. It would be more appropriate if the disciplinary authority, while passing final orders, also issues orders for disposal of the material objects. This order for disposal of material objects could be implemented, after the appeal time is over. Further, the suggested arrangement need not be restricted only to cases investigated by the Director of Vigilance and Anti-corruption, as similar situations may arise in other departmental enquiries also and orders may have to be passed for disposal of material objects in those cases also". The Government have accordingly decided to amend suitably the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal ) Rules, 1955 and the Tamil Nadu Civil Services (Discipline and Appeal ) Rules, ) The following Notifications will be published in the Tamil Nadu Government Gazette:- NOTIFICATION - I In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal ) Rules, (Volume - I of the Tamil Nadu Services Manual, 1987)

5 AMENDMENT In the said Rules, in rule 10, after sub-rule (b) the following sub-rule shall be added, namely : - " (bb) While passing final orders, the Government or the Head of the Department, as the case may be, shall also pass orders regarding the manner of disposal of the material objects marked during the enquiry. After the appeal time is over, the officers concerned shall accordingly dispose of the material objects". // 3 // NOTIFICATION - II In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 (Volume -I of Tamil Nadu Services Manual, 1987). AMENDMENT In the said rules, in rule 18, after sub-rule ( c ), the following sub-rule shall be added, namely : - " (d) While passing final orders, the disciplinary authority shall also pass orders regarding the manner of disposal of the material objects marked during the enquiry. After the appeal time is over, the officers concerned shall accordingly dispose of the material objects". ( BY ORDER OF THE GOVERNOR ) N.HARIBASKAR CHIEF SECRETARY TO GOVERNMENT.

6 // True copy // for Special Commissioner and Commissioner of Revenue Administration. To The Works Manager, Government Central Press, Madras-79. (for published the notification in Tamil Nadu government Gazette) All Secretaries to Government, Madras-9. All Heads of Departments All District Collectors / District Judges The Registrar, High Court, Madras-104. The Secretary, Tamil Nadu Public Service Commission, Madras-2. All Departments of Secretariat, Madras-9. All sections in Personnel and Administrative Reforms Department, Madras-9. All Officers in Personnel and Administrative Reforms Department, Madras-9. The Personnel and Administrative Reforms (L0)Department, Madras-9.