839. Reasons for not instituting Criminal Prosecution should be recorded.
- Cases occasionally occur in which it is considered inexpedient to undertake the prosecution of Government servants who are dismissed on account of offences for which they are liable to be criminally prosecuted. In such cases, the reasons which render it inexpedient to undertake a criminal prosecution should be recorded at the time the order of dismissal is passed. When there is no objection to such a course, the reasons should be included in the order of dismissal of which the dismissed servant receives a copy; but in every case a copy of the recorded reasons for not instituting a prosecution, when the offender was liable to one, should be forwarded with any report that may afterwards be made on the case to Government.(Board's Rules, Article 175.)
