Conduct & Disciplinary Rules - 56 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

  Conduct & Disciplinary Rules - 56 : Article from Mr. K.V.Shridharan, Ex General Secretary, AIPEU Group C

Conduct & Disciplinary Rules – 56

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

31. WARRANT FOR LEVY OF FINE

1. When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may :

(a) Issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;

(b) Issue a warrant to the Collector of the District, authorising him to realise the amount as arrears of Land Revenue from the movable or immovable property, or both, of the defaulter ; provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do or unless it has made an order for the payment of expenses or compensation out of the fine under Section 357.

2. The State Government may make rules regulating the manner in which warrants under Clause (a) of Sub-Section (a) are to be executed and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

3. Where the Court issues a warrant to the Collector under Clause (b) of Sub-Section (1) the Collector shall realise the amount in accordance with the law relating to recovery of arrears of Land Revenue, as if such warrant were a certificate issued under such law. Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

(Section 421 Cr, P. C)

32. WAIVAL OF PROSECUTION

I.  A question was raised on the exercise of powers of waival of prosecution by the Additional Postmaster General. A few circles, supporting the exercise of such powers by Addl., Postmaster Gcneral, suggested that these powers should be exercised by the Addl., Postmaster General only where the loss has been made good.

II. After consideration of the issue involved, it is clarified that normally in all cases which involve an amount of more than Rs. 5,000/- prosecution should be launched, irrespective of recovery of loss either in full or in part. The waival of prosecution should be considered only in cases where there is no sufficient evidence for successful prosecution and consequent conviction of the principal offender. There is, therefore no nexus between the waival of prosecution and the extent of loss made good by or on behalf of principal offender.

III. As regards the exercise of the powers of prosecution by the Addl., Postmaster General, it is made clear that in as much as the Addl., Postmaster General have separate identifiable jurisdiction, there is no objection for them to exercise the powers of waival of prosecution, subject of course to other conditions, stipulated thereon.

(D.G Posts No. 8-5/Rig/8-7INV dt. 1-2-88).

33. WAIVAL OF PROSECUTION

A question was raised on the exercise of powers of waival of prosecution by the addl. postmaster general. A few circles, supporting the exercise of such powers by addl. PMG, suggested that these powers should be exercised by addl. Postmaster general only where the loss has been made good.

ii. After consideration of the issue involved, it is clarified that normally in all cases which involved an amount of more than Rs. 5000/- prosecution should be launched, irrespective of recovery of loss either in full or in part. The waival of prosecution should be considered only in case where there is no sufficient evidence for successful prosecution and consequent conviction of the principal offender. There is, therefore, no nexus between the waival of prosecution and the extent of loss made good by or on behalf of principal offender.

iii. (i) As regards the exercise of the powers of prosecution by the Addl. Postmaster General, it is made clear that in as much as the Addl. PMG have separate identifiable jurisdiction, there is no objection for them to exercise the powers of waival of prosecution, subject of course to other conditions, stipulated thereon.

(DG (P) letter no. 8-5/RLG/8-INV dt. 1-2-88)

(ii) Withdrawal from prosecution under section 321 of Cr. P.C.

The public prosecutor or A.P.P in charge of a case may, with the consent of the Court, at any time before the judgement is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried, under certain conditions as explained in rule 321 Cr P.C.

(iii) Collection of certified copy of Court Judgement.

a) The Govt. counsel is not bound to obtain the certified copy of the judgement automatically and instructions in this regard have to be given by the department,