Section 11(1) in Rules Regarding Prosecution of Criminal Cases Instituted at the Instance of the Departmental Officers
(1)(a)When a prosecution against a Government servant is or is likely to be necessary in connection with the losses mentioned in rule 12, the procedure laid down therein shall be followed by the officer of the department concerned in making reports of losses to the competent authority.(b)As soon as a reasonable suspicion exists that a criminal offence has been committed, the senior officer of the department concerned present in the station shall report to the District Magistrate and ask for a regular Police investigation under the Code of Criminal Procedure, 1898.(c)If the District Magistrate agrees that an investigation may be made, the senior officer of the department concerned present in the station should (i) request the District Magistrate to arrange for the investigation to proceed from day to day, (ii) see that all witnesses and documents are made available to the investigating officer and (iii) associate with the investigating officer of the department who is not personally concerned with the inregularing leading up to the loss, but who is fully congnizant of the rules and procedure of the office in which the loss has occurred.(d)when the investigation is completed an officer of the Department (accompanied by the officer who attended the investigation) shall be made available for conferences with the authority who will decide whether a prosecution should be instituted. If it is decided not to prosecute, the case shall be reported through the usual channel to Government for orders.(e)If it is decided to prosecute, the departmental representative should ascertain from the prosecuting officer whether having regard to the engagements of the prosecuting staff and the state of work in the court which ordinarily hear the case, it is necessary to move the District Magistrate to make special arrangements for a speedy trial, and should request prosecuting officer to make any application that he may think necessary.(f)When the case is put into court by the Police, the senior officer of the department concerned present in the station should see that all witnesses serving in the department and all documentary evidence in the control of the department, are punctually produced, and should also appoint an officer of the department (preferably the officer who attended the investigation) to attend the proceedings in court and assist the prosecuting staff.(g)If any prosecution results in the discharge or acquittal of any person, or in the imposition of sentences which appear to be inadequate, the senior officer of the . department concerned should at once consult the District Magistrate as to the advisability of instituting further proceedings. In revision or appeal, as the case may be, and if the District Magistrate is of opinion that further proceedings are necessary, should request him to proceed as he would in any other case.(h)The Senior Officer of the department concerned present in the station should see that, in addition to the reports required under clauses (a), (b) and (d) above, prompt reports are submitted to Government through the usual channel regarding :(i)the commencement of a police investigation;(ii)the decision to prosecute in any particular case;(iii)the result of any prosecution;(iv)the decision to proceed further in revision or appeal in any case;(v)the result of any proceedings in revision or appeal.(vi)Notwithstanding any thing contained in clause (b) to (h) the Senior Officer of the department concerned present in the station, may, if he thinks fit, refer any matter through the usual channel for the orders of Government before taking action.
