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Anti-corruption efforts of the Government of India were initiated during World War-II

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Summary

In case CBI requests that the Investigating Officer of the case should be associated with

Text of the circular

1 CHAPTER III

CENTRAL BUREAU OF INVESTIGATION

301.

Evolution:

301.1 Anti-corruption efforts of the Government of India were initiated during World War-II, when it was realized that the vast increase in expenditure for war efforts had provided enormous opportunities for bribery and corruption. It was felt that the Police and other Law Enforcement Agencies under the State Governments were not in a position to cope with the situation. An executive order was, therefore, passed by the Government of India in 1941, setting up the Special Police Establishment (SPE) under a DIG, in the then Department of War, with the mandate to investigate cases of bribery and corruption in transactions with which the War and Supply Department of the Government of India was concerned.

301.2 At the end of 1942, the activities of SPE were extended to include cases of corruption on the Railways also, because Railways were vitally concerned with the movement and supply of war materials.

301.3 In 1943, some doubt was felt about the legal powers of Police officers working with SPE and, therefore, an Ordinance was issued by the Government of India, by which a Special Police Force was constituted for the investigation of certain offences committed in connection with the departments of the Central Government, with powers to investigate such offences anywhere in British India.

301.4 Even after the end of World War II, the need for a Central Government Agency to investigate cases of bribery and corruption was felt and, therefore, the Ordinance issued in 1943, which had lapsed on 30th September, 1946, was replaced by the Delhi Special Police Establishment Ordinance of 1946. This was subsequently replaced by the Delhi Special Police Establishment Act, 1946. After promulgation of the Act, the superintendence of SPE was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India.

301.5 The jurisdiction of SPE encompassed all Union Territories, which could be further extended to States with the consent of State Governments. The organisation was initially put under the charge of Director, Intelligence Bureau. However, in 1948, a post of Inspector General of Police, SPE, was created and the organization was placed under his charge.

301.6 With the passage of time, this organization was entrusted with more responsibilities. In 1953, an Enforcement Wing was added to the SPE to deal with offences under the Import and Export Control Act.

301.7 In due course, the need was felt for a Central Police Agency, at the disposal of the Central Government, which would investigate not only cases of bribery and corruption,

2 but also those of breach of Central fiscal laws, major frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organised gangs and professional criminals. Therefore, the Government of India set up the Central Bureau of Investigation by a resolution dated 1st April, 1963, with the following six divisions:

(i) Investigation & Anti- Corruption Division (Delhi Special Police Establishment)

(ii) Technical Division

(iii) Crime Records and Statistics Division

(iv) Research Division

(v) Legal and General Division

(vi) Administration Division

301.8 The Investigation & Anti Corruption Division (Delhi Special Police Establishment) was entrusted with the responsibility to investigate and prosecute :

(i) Cases in which public servants under the control of the Central Government are involved either by themselves or along with State Government servants and/or other persons.

(ii) Cases in which the interests of the Central Government, or of any public sector project or undertaking, or any statutory corporation or body set up and financed by the Government of India, are involved.

(iii) Cases relating to breach of Central Laws e.g. Import and Export Control Orders, Foreign Exchange Regulation Act, Official Secrets Act,etc.

(iv) Serious cases of cheating or fraud relating 

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