No. 394-Estt/Embz/CP/807-57, dated 12-3-1969.Sub.-Police Action in cases of embezzlement, theft, mis-appropriation etc. etc.It has been observed that correct procedure is not being followed in dealing with cases of embezzlement, mis-appropriation, theft, tampering with measurement books etc. Detailed instruction for regulating the enforcement of responsibility for losses etc. have been laid down in appendix II of the General Financial and Accounts Rules of the Rajasthan Government which should be scrupulously observed while dealing with such cases. The following further executive instructions have been issued by the Government vide their letter No. F. 16 (138) lrg/68, dated 2½2-1-69."Whenever such cases are detected, the appropriate step is to submit a detailed report to the District Magistrate. The district Magistrate consults the legal advisers and then decides the legal steps to be taken. The Irrigation authorities, should therefore, report the cases to the District Magistrate and abide by his decision.Some officer should be made responsible to pursue the case with the District Magistrate and supply all information required by him.When a case is sent up for trial before the Courts, some one must invariably be appointed as Officer-in-charge of the case.If the cases are put-up before criminal courts, prayer should be made to the court to pay the money of the department out of the fine realised from the accused in accordance with the provisions of section 545 of the code of Criminal Procedure.The possibility of recovering the amount from the person concerned should invariably be explored irrespective of the decision in criminal or departmental proceedings. All possible steps must be taken to recover the Government money.When cases are handed over to the Police for investigation close liasion should be kept with them by some responsible departmental officer who should provide all help and assistance required in expeditious completion of the investigation. Cases of delay and-in-action at the investigation stage should be taken up with the higher police officials.These instructions may please be brought to the notice of all concerned and compliance insisted upon. Action on these lines should be taken on all pending cases, including cases reported in the Audit Report 1966-67".In pursuance of the above directions from the Government, it is hereby ordered that Executive Engineer, Superintending Engineer or P.A. to Chief Engineer, Irrigation in whose office embezzlement, theft, mis-appropriation, etc. has taken place or may take place in future shall be the responsible officer to fulfil the above requirements. Action taken on each case should be reported briefly in the monthly return prescribed vide Standing Order No. 88 invariably.
