(Prosecution and Allied Works)

(Drafted and co m puterised in the o ffice o f The Jo in t Directo r o f Pro secutio n , MEERUT RANGE

MEERUT)

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i . Organization,Functions and Duties Directorate of Prosecution came into existance in 1980 . In 1974 Appointment of APP Regulations 1974 was framed . In 1991 UP Procecuting Officers Service Regulations 1991 prepared to govern apppointment Service conditionbs etc. of Prosecutors . Whole Organization can be distribeted namely in 3 Categories as under :- (1) Directorate of Prosecution situated at Laxmi Complex,Vibhuti Khand,Gomtinagar,Lucknow :- Under Administrative control of Home-9 of up Govt. D G Prosecutin is the Head of the Deptt . Director /Addl Dir / JD Law are to assist to Dg Prosecution at HQ :- Main Functions/Duties of Officers at Directorate to supervise the work of Joint Director of Prosecutions,SPOs and Other Prosecutors . (2) Joint Director of Prosecution are posted at 13 Regions :- Main Functions/Duties of Joint Director of Prosecution to supervise the work of SPOs,POs and Other Prosecutors . (3) 18 Post of SPOs Senior Grade and 97 Post of SPOs exist :- Main Functions/Duties of SPOs are to supervise the work of POs,APOs and Ministerial Staff . (4) 213 Posts of Prosecuting Officers and 903 Post of APOs exist :- Prosecuting Officers are posted in each Distt according to Allocations of Distts . Their Main Functions/Duties are to work in Various Courts allotted to them . Beside this, SPOs/POs are also posted at PTCs/PTSs and different Cells such as CBCID,Vigilence,EOWS, Co-ooertaive Cells,Anti-corruption,Hydle Vigilence and CBI .

ii . Powers and duties of Officers and Employees Prosecuting Officers and Asstt Prosecuting Officers are posted in each Distt according to Allocations of Distts . Their Main Functions/Duties are to work in Various Courts allotted to them . Details of Powers and duties of Prosecutors are as under :- (A) Prosecution of State cases Instituted on Police Report: (1) Senior Prosecution Officer, Prosecuting Officers and Asstt. Prosecuting Officers shall conduct prosecution of all those cases Instituted upon police report i.e. those cases in which charge sheet or challani report is submitted by the police. (2) In lower court (Courts from C.J.Ms. to J.Ms) the Asstt Prosecuting Officer/Prosecuting Officer shall conduct prosecution of the cases instituted on police report/challani report, while in Sessions Courts, Addl. Sessions Courts or Special Courts constituted under Special enactment in which S.P.O./P.Os. are specially authorised by the State govt. by notification in that behalf, S.P.Os. or P.Os. shall conduct prosecution of such cases.( Sec.301 Code of Criminal Procedure, 1974) (3) In the cases in which cognisance is taken by the Court on final report, Asstt. Prosecuting Officer or Prosecuting Officer shall conduct prosecution of such cases in lower courts or Sessions Courts, as the case may be. (4) Prosecuting Officer shall plead for and on behalf of the State or conduct prosecution in District Magistrate Court of all those criminal and quasi-criminal cases/proceedings in which State is a party.

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(5) Asstt. Prosecuting Officer shall represent the State and conduct prosecution in Addl District Magistrate/Sub Divisional Magistrate Courts of all those criminal and quasi-criminal cases/proceedings in which State is a Party. (6) The duty of the Prosecutor is to represent the State and not the police and every Prosecutor should endeavour to discharge his duty fairly and fearlessly and with full sense of the responsibility attaching to his position. The Prosecutor would strive himself to place the truth before the court and help the Court in dispensation of justice and not merely to secure conviction of the accused by hook or by crook. (7) Any case which is exceptionally important in nature pending in any court may be prosecuted by the Senior Prosecuting Officer or by more than one Prosecutor if the Sr. Prosecuting Officer so directs. (2) Production of witnesses: (1) The Prosecutor should produce and examine the witnesses which are produced before him and, which are present in the court on the call of the court after verifying his identity through papers available on file, strictly in accordance with the provisions of Indian Evidence Act and Code of Criminal Procedure. The Prosecutor should also get proved all papers necessary for proving the case in accordance with the procedure as contained in the Indian Evidence Act. (2) Before producing the witnesses the Prosecutor should master the facts of the case and should decide which witness would be required to prove which ingredients of the charge framed against the accused. When witnesses are produced before him by the Parokar of the Police Station /department concerned, the Prosecutor should first test their memory regarding the facts of the case. If the memory of the witnesses has faded due to lapse of time, the Prosecutor should help them in memorising the facts as contained in the documents sent by the Police with Charge sheet under Sec.173 Cr.PC. In some cases the witness may differ from what is written in said papers due to concealment or exaggeration of some facts by the I.O. and may insist upon to depose what is the truth and what has really happened. In such situation the Prosecutor should let the witness depose in a truthful manner. (3) In case during the prosecution of the case the Prosecutor comes across any latches, slackness or negligence in the Pairvy of the cases by the Police Station/department concerned he should bring this in the notice of the Senior Superintendent of Police/District Magistrate or the Department concerned as the case may be. (2) Withdrawal of cases: (1) The Prosecutor may apply for withdrawal of those State cases in which instructions are so received by the Govt. But apart from the instructions, he will also apply his mind to the facts of the case and decide whether it is necessary to withdraw the case in the interest of justice. If he opines that it is not in the interest of justice to withdraw the case, he will inform the Govt. accordingly. (2) The Prosecutor may also withdraw that case which is inherently week in evidence and there is no prospect of its success and further prosecution of which is a sheer wastage of courts’ time. (Sec.321 Cr.P.C.) (3) If the case is withdrawn in compliance of the Govt. orders, the Prosecutor shall inform the Govt. accordingly after withdrawing the case.

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(B) Prosecution of State cases instituted other than police Report:

(1) The Asstt. Prosecuting Officer/Prosecuting Officer shall conduct prosecution of those

State cases in which complaint/Challani report is required to be filed in any Court by Public Servant under any Code or enactment such as:

(a) Prevention of Food Adulteration Act. (b) Indian Forest Act. (c) Weight and Measurement Act (d) Shop Act. (e) Labour Act. (f) U.P.Excise Act. (g) Drug and Cosmetics Act (h) Prenatal Diagnostic Technique (Regulation and Prevention of Misuse) Act, 1994; or (i) Any other Act in which there is such provision for filing of complaint by Public

Servant. (2) The provisions regarding prosecution of State cases by the Prosecutor contained hereinbefore shall also apply mutates mutandis to the prosecution of complaint cases (C) Custody and remand: (1) When any accused is brought and produced or appeared before the Magistrate for purposes of remand under Sec.167 of the Code of Criminal Procedure, 1973 the Prosecutor shall assist the court in remanding him to such custody as the court thinks fit. If the court refuses to remand the accused to any custody (judicial or Police) due to any fault in investigation or any fault on the part of Investigating Officer, the Prosecutor should bring this fact to the notice of Superintendent of Police or the District Magistrate of the District. (D) Prosecutor to oppose bail: (1) When the accused who is in judicial custody moves for bail in non-bailable offences and the Court has issued notice to the Prosecutor on his bail application, the Prosecutor shall oppose this bail application to the best of his ability unless otherwise directed by the District administration in the interest of public. If, however, any direction is given by the District administration for not opposing the bail, the Prosecutor shall decide whether it is fair to do so in the interest of justice. If he reaches to the conclusion that justice does not demand non-opposition of bail, he will appraise the district administration with this fact and oppose the bail.

(2) The Prosecutor may move for cancellation of bail under Sec.437(5) or 439 Code of Criminal Procedure, 1974 granted to the accused by the court conditionally, when it is brought to his notice and there is sufficient evidence in that behalf that the accused has committed breach of any of the conditions imposed by the court while granting him bail. The Prosecutor may also apply for cancellation of bail of any accused in case instances of misuse with sufficient evidence are brought to his notice. (3) The Prosecutor shall ensure that the Court Moharrir has made all necessary entries in a prescribed register kept by him in respect of those accused persons who have been released on bail. He will also ensure that necessary information in the prescribed form has been sent to the Police Station concerned regarding surrender or release of the accused on bail by Court Moharrir day to day. (E) Opposition of Bail in Sessions Courts:

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(1) When the Senior Prosecuting Officer or Prosecuting Officer are given notice of Bail Applications by the Sessions Courts, he shall observe the same procedure as contained in Para (2) above with regard to opposition and cancellation of bail. (F) Custody and disposal of property: (1) The movable property seized by the police/seizing authority (Sec.457 CrPC) and which is the subject matter of offence, shall be kept in Sadar Malkhana and necessary entries in respect thereof will be made in the registers as prescribed in Chapter XIV of the Police Regulations. (2) The valuable movable properties seized by the police/seizing authority under Sec.457 CrPC like gold, ornaments and cash exceeding rupees one thousand shall be kept in Treasury in safe custody and one key thereof will be kept with the senior most Prosecuting Officer who will be the In-charge of this double lock and will be responsible for its production in the concerned court on the date when its production is required by the court or the Prosecutor concerned. (3) When application for release of the property in respect of which an offence is committed and the same is seized by the police and its seizure is reported by the police or seizing authority to the court under Sec.457 Code of Criminal Procedure, the Prosecutor will oppose the release of the said property, if in his opinion the release of such property will adversely affect successful prosecution. (4) When the property is released in favour of the person entitled to its possession, the Prosecutor may ask the court to pass necessary orders for making good the expenses incurred by the Police/seizing authority in maintaining and up-keeping of such properties during the period it remained in police/seizing authority’s custody. (5) When the case is finally disposed off then after expiry of period of appeal, if any, the case properties kept in the Sadar Malkhana will be disposed off as per direction given in the judgment of the concerned case. In case no such direction is given in judgment the Prosecutor should obtain necessary directions in this behalf by the court concerned. The case properties seized under the Arms Act and are kept in the Sadar Malkhana will be disposed off as per directions contained in the circular letters made in this behalf time to time by the competent authority. (6) The Prosecutor will also ensure that information regarding decision of the cases is sent to the Police Station/Department concerned so that the case properties kept in the Malkhana of the Police Stations are also disposed off in accordance with the directions given hereinbefore or prescribed in this behalf. (G) Proclaimed offender: (1) Any person for whose appearance a proclamation has been issued under Sec.82/83 of the Code of Criminal Procedure is an "Proclaimed Offender" within the meaning of this Chapter. (2) In the office of Senior Prosecuting Officer of the District a register shall be maintained in the form as prescribed in the Police Regulation regarding Class "A" and "B" offenders. This register shall contain the names of only those absconded offenders who are triable in the district other than those wanted by the GRP regarding which separate register is maintained by GRP Prosecutor. A Moharrir/clerk shall be responsible for maintaining this register. The Register kept at police Station concerned regarding Absconded offenders should correspond with the register kept at the office of Sr. Prosecuting Officer. The S.Os./Inspector In charge of the Police Station shall get the register regarding absconded offenders maintained at Police Station updated with this register as required by the Chapter XIX of the Police Regulation.

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(3) Asstt. Prosecuting Officer shall be In-charge of this register whose duty will be to see that all entries regarding such proclaimed offender have been properly made in this register. (4) All Prosecutors shall get recorded evidence against proclaimed offender in accordance with the procedure laid down in under Sec.299 CrPC. (5) When the Investigating Officer submits application for issuing processes under Sec.82/83 Cr.P.C. through Prosecutor, the Prosecutor shall ask the I.O. to show sufficient evidence which may prove that the person whose arrest or process is desired has really absconded. The Prosecutor should not submit such applications of the I.O. to the court merely on the statement or report of the I.O. who has no personal knowledge or sufficient evidence of the absconding to satisfy the court. (H) Taking of Finger Print of convicted person: (1) Whenever any accused is convicted by any court and his finger Prints are required to be obtained as per provisions of the Identification of Prisoners Act, the Prosecutor concerned shall ensure that his finger prints are properly taken by the Proficient the same day when he is convicted by the court either before the court or before him. (2) If the accused is convicted by the court which is situated outside district Head Quarter and it is not possible to take his finger prints as prescribed in Para (1), such convict should be sent to jail and if possible his finger prints should be taken in jail before the jailor by the proficient appointed in the office of S.P.O. (I) Taking of Finger Print of other persons: (1) Fingerprint of all those persons shall be taken who are either unknown and are arrested on suspicion or against whom prosecution launched. For purposes of this every person who is arrested and whose residence and previous history is not known to the police will be deemed as "unknown".

(2) Police has got right to get the finger print taken of all those persons who are arrested for the offence punishable for more than one year punishment, but in other matters permission of the Magistrate is required for obtaining this fingerprint. (See Identification of Prisoners’ Act and Para 32 of the Finger and Foot Print Manual, U.P.) Duties of In charge Finger Print Cell: One Prosecutor in the District shall be made In charge of the Finger Print Section in the office of S.P.O. whose duty shall be:

a) To ensure that the search slips of all the unidentified persons have been duly sent to the Finger Print Bureau concerned.

b) To ensure that the fingerprints are properly taken in accordance with the directions contained in the Finger and Foot Print Manual, U.P.

c) To ensure that the verification slip has been sent immediately to the place where the person belongs.

d) To ensure that reminder has been sent to the Bureau whose matter is pending due to non-receipt of information.

e) To prove the previous conviction of the accused in accordance with the procedure contained in he Indian Evidence Act who has been detected by the Bureau as previous convict.

f) To avail the services of the Bureau whenever required.

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g) To send the information regarding conviction, acquittal and discharge to the Bureau of the person who has been searched.

h) To obtain orders of the Superintendent of Police in respect of those persons whose finger prints are to be taken for purposes of record.

i) To ensure that the offences and other particulars noted in the finger print register are the same, which are noted in the judicial record.

j) To ensure that the Proficient is proficient in his work and is discharging his duties satisfactorily as contained in Para 58 of the Finger and Footprint Manual, U.P.

Duties of the Proficient: (1) The Superintendent of the Police shall appoint at least two Proficient in the office of Senior Prosecuting Officer one of which shall be of the rank of Head Constable or above. (2) The duties of the Proficient shall be as follows:

a) To prepare the search slips of the unidentified persons and to send them to the concerned Bureau

b) To prepare the Fingerprint for record of all the persons and to send them to the

concerned Bureau. c) To mention "Finger Print Taken" on the admit card and History sheet of the accused

confined in jail, if his Finger Prints have been taken. d) To prepare all the statements required by the Bureau. e) To maintain all the registers/records required to be maintained by Para 48 of the

Fingerprint and Footprint Manual. f) To keep all the instruments of taking finger prints in working condition.

(3) The proficient shall not only be responsible for taking fingerprint but he will be equally responsible for furnishing correct information on the back of the slip. The presence of his signature on the slip will mean that he has verified all the particulars of the person from jail and judicial record.

(J) Acquittals: (1) When any case is ended in acquittal, the Prosecutor shall ensure that the Court Moharrir has prepared its daily Report the same day and the same has been submitted by him in the office of Sr. Prosecuting Officer to the person responsible for keeping these daily reports. (2) All acquittals shall be entered into a register as prescribed by the Directorate of Prosecution called "Register of Acquittals (Lower Court)" and every acquittal shall be allotted a number and this number will also be appended on the Daily Report with red ink. The Senior Prosecuting Officer shall make one Prosecuting Officer responsible for maintaining this register who will enter all the acquittal in this register column-wise day to day. (3) The Prosecutor shall prepare the acquittal report of the case acquitted within seven days from the date of acquittal. In acquittal report he will mention the grounds of acquittal, comments on the reasons given for acquittal, the adverse comments, if any, made in the judgment against any Govt. official and his opinion whether the acquittal of the accused persons is justified or unjustified. Every acquittal report will be accompanied with a copy of judgment. (4) The Acquittal report so submitted by the Prosecutor shall be checked and scrutinised by the Senior Prosecuting Officer who will also form his own opinion regarding justifiability of the

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acquittal. In case he forms an opinion that the acquittal is unjustified, but the Prosecutor has opined otherwise, he will direct the Prosecutor to file an appeal in accordance with the direction given in this Chapter. (5) In case there is any adverse comments (Stricture) against any Police Officer, the same shall be entered in a register called "Register of Strictures" maintained in the office of the Senior Prosecuting Officer and the Senior Prosecuting Officer shall forward this Acquittal Report, retaining copy of the same in his office, along with his comments to the Supdt. of Police of the District for onward action in the matter as prescribed in Police Regulations, U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and Govt. Servant Conduct Rules etc. (6) In case the adverse comments (Stricture) in the judgment relates to any other Govt. Servant, the Senior Prosecuting Officer may forward this Acquittal Report with his comments and with the copy of the judgment to the Head of the Department of the employee against whom adverse comments are passed. (7) In case the adverse comments (Stricture) are passed against the conduct of Prosecutor, the Senior Prosecuting Officer will decide whether this stricture was proper or uncalled for. If in his opinion the stricture against the Prosecutor is proper, he will initiate action against the Prosecutor in accordance with the directions contained in the circular letters issued by the Directorate of Prosecution time to time. In case the stricture was uncalled for, no action will be taken in the matter. (8) All the acquittal reports in which no action is called for, will be filed in the office along with the comments of the Senior Prosecuting Officer. (9) The daily reports relating to Sessions Cases shall be kept separately in a file cover and then shall be submitted to the Prosecuting Officer who is made responsible for maintaining the Acquittal Register of Sessions Trial Cases. Such Prosecuting Officer shall enter these Sessions Trial acquittals in the register column-wise as is done in cases of Acquittals of lower court cases. If the Acquittal Report of these acquittals is not received from the office of District Government Counsel (Criminal) within fifteen days of the date of acquittal, the Prosecuting Officer concerned should bring this lapse on the part of the DGC (Crl.) office to the District Magistrate. (10) The acquittal reports submitted by the office of the District Government Counsel (Criminal) will be scrutinised by the Senior Prosecuting Officer and in case he finds that the case is acquitted due to any lapse on the part of D.G.C./A.D.G.C., he will bring this fact to the notice of the District Magistrate. In case there is any stricture in the judgment, he shall follow the same procedure as prescribed above. (K) Appeal against acquittal: (1) The period of filing appeal against the judgment of acquittal in State cases as given in Sec.378 of the Code of Procedure, is sixty days. When the Prosecutor forms an opinion that the acquittal is unjustified and he recommends for filing of State appeal, he should apply for obtaining three certified copies of judgment as early as possible, latest on the next day of pronouncing the judgment. He should keep in mind that only that much period is excluded in computing the period of filing of appeal which is consumed in obtaining certified copies of judgment. (2) After obtaining the certified copies of the judgment, the Prosecutor should prepare a proposal (narrative) for appeal containing brief facts of the case, the charges framed against the accused, the witnesses examined by the defence, the defence version and the witnesses examined by the defence, if any, the grounds of acquittal and the reasons how the acquittal is unjustified. This proposal along with the three certified copies of the judgements shall be sent to the office of the District Magistrate in the prescribed form within three days from the date of receipt of copies of impugned judgment.

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(L) Appeal for enhancement of sentence: (1) Where the sentence passed by the court against any convict is inadequate or is disproportionate to the facts and circumstances of the case and the punishment attached to the offence and the Prosecutor forms an opinion that appeal should be filed for enhancement of sentence, he should follow the same procedure prescribed for filing of appeal given hereinbefore. The period prescribed for filing of appeal for enhancement of sentence is sixty days as given in Sec. 377of the Code of Criminal Procedure.

iii. Decision making process including Channels of supervisions and accountability :-

Main Channel for making decision in respect of affective Prosecution and Administration is D G Prosecutin UP Lucknow . Decision are to be implemented through Regional Joint Directors . Accountability of DG Prosecution,Joint Director of Prosecution ,SPOs and all Prosetures is according to their work assigned . (1) Prosecutor to report the latches, lapses and negligence of police: (1) While at the time of conducting prosecution the Prosecutor comes across any latches, lapses and negligence of any kind on the part of the police or other Department in regard to Investigation, enquiry or Pairvy of the case he will report it to the Superintendent of Police or the District Magistrate. (2) Prosecutor to furnish legal assistance to police and officers of other department: (1) Every Prosecutor shall furnish legal opinion or assistance in regard to criminal or departmental proceeding matters to the Police or other department whenever so requested by them. (3) Prosecutor and Police to keep liaison with each other: (1) Police and Prosecutor should keep in mind that their object is to help in administration of criminal justice and they should endeavour to achieve this object with full sense of mutual co-operation and trust. (4) Joint Directors to be the legal adviser of the I.G. Range and Commissioner: (1) The Joint Director (Prosecution) Range shall be the legal adviser of the Inspector General of Police Range and also the Commissioner and he shall furnish legal advise/opinion to them on all criminal matters and also on departmental files whenever so demanded by them. (5) Senior Prosecuting Officer to be Legal adviser to District Magistrate and Superintendent of Police: (1) The Senior Prosecuting Officer shall be the legal adviser in criminal matters to the District Magistrate and Superintendent of Police and he shall furnish legal opinion on such matters which are either sent to him or consulted with him. (3) The Senior Prosecuting Officer shall be legal adviser to D.I.G. Range in all criminal matters.

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(6) Prosecuting Officer/Assistant Prosecuting Officers to be legal adviser of the District Magistrate and Superintendent of Police: (1) The Prosecuting Officer and Assistant Prosecuting Officer shall be the legal adviser in criminal matters to the District Magistrate and Superintendent of Police and they shall furnish legal opinion on such matters which are either sent to them or consulted with them. iv. Norms of Discharge of functions :- Everyone is expected to conduct his

work with Punctuality,Honesty,Sincerity and Dedications .

v. Rules, Regulations, Instructions, Manuals and Records :-

(1) UP Prosecuting Officers Service Rules 1991 (2) UP Prosecution Ministerial Staff Rules 1992

vi. Categories of Documents under control (1) Correspondence with the Head Office- (1) All the correspondence will be made in Hindi except the correspondence, which is made out of U.P. State.

(1) Correspondence purely on departmental matters that is to be sent to the Directorate Prosecution, Lucknow U.P. by the Senior Prosecuting Officer of the District should be generally sent through Joint Director (Prosecution). However, letters may also be sent directly to the Head Office under intimation (with an endorsement) to the Joint Director Range, if the nature of the letter so requires. (2) No correspondence on any matter by the P.O., A.P.O., Clerk, or Orderly/Peon be made directly to the Joint Director Prosecution or the D.G. Prosecution. Any correspondence to them will be made through the S.P.O. (3) P.Os., A.P.Os. may correspond with other Department in relation to prosecution work directly. However, it will be advisable if such correspondence is made through S.P.O. of the District. (4) If the correspondence is required to be made in relation to judicial work of any Magistrate, that should be made generally to the District Judge/ C.J.M. in the form of a D.O. by the S.P.O. bearing in mind that the language of the letter should not be contemptuous in any way. (2) Correspondence with the other State: (1) There should be no correspondence with the Department of other States on general question of practice, except through the D.G. Prosecution. (2) When correspondence with the Officers of the other State is made and the language of that State differs from the language of the Uttar Pradesh, the correspondence should be made in English.

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(3) Manner of Correspondence: (1) Letters should be generally typewriter or computer written in Hindi on fool-scape size paper. Postcards may be used for reminders and matters of routine. Official letters of more than one sentence should be written in the first person. Whenever reference is quoted the subject should be briefly stated. The following particulars should be clearly shown in the official letters:

a) Name and designation of the officer sending the letter b) Number and date of the letter and the number of enclosures, if any. c) Abstract of the contents.

(2) When the letter is typewriter or computer written, the first impression of a typed letter should be sent to the addressee and the carbon copy/impression should be kept in the office. The signature should be appended with pen. (4) Confidential Letters: All confidential communications intended for the post should be enclosed in double covers, the inside one being sealed and marked "Confidential", the outer one bearing the addressee’s official designation only. When covers containing such communications are not sent by post and are addressed by name to the person who would open them, there is no need to use double covers. (5) Telegrams/Radiograms: The U.P. Police Telegraphic/wireless system will be used while sending any urgent messages to the Head Office, Joint Directors and other offices like S.P.O.s of the District. However, wireless should not be sent without any real necessity. They should be brief and express/crash should only be sent in cases of special urgency. (6) Filing System (1) Correspondence is dealt with on the file system and no receipt and despatch register is maintained. A separate file should be opened for each separate subject or sub-head of the subject. In subjects which are of general nature a main file should be maintained in addition to the separate files under sub heads e.g. Building and Project (Office), Building and Project (Avas) etc.; under building a "Building Projects file (containing lists of projects and general correspondence about building; the object of this is to secure that correspondence of a general nature about any subject shall be kept separate and distinct from correspondence relating to particular cases under that subject. In subjects in which circular instructions are issued to the clerks/ P.Os./AP.Os. "Instruction File" should be maintained. (2) When papers are received back after compliance, a note to that effect should be made in the register against the serial number on which they were entered on the last occasion, but if they have to be re-issued owing to incomplete information a fresh number should be allotted and under it the old serial number noted. (3) A file consists of all the letters received and issued in the course of a consecutive correspondence on one topic, arranged in chronological order, the first letter at the bottom and the last at the top; each letter should have a number marked in blue chalk in the right upper corner to show its place in the file, the letter at the bottom being mark no.1 and the letter next above it no.2 and so on. This number is called the serial number. With each letter should be kept any office notes

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pertaining to it. These notes should bear the same serial number as the letter to which they refer and be marked K.W. (Keep With). 7 in case of notes referring to serial no.7. Each file should be kept in a double foolscap sheet of brown paper marked clearly on the outside with the title, sub-title, index letter and number of the file (see example below); tags will be used to keep the papers together. (4) In the cover of each file should be kept a loose slip or card containing the file number and title. When a file is removed from the files almirah for submission to any officer, a note of the officer to whom it is sent and of the date, should be made on the slip and this slip kept in the place of the file; on return of the file, the entry should be scored out and the slip replaced inside the file cover. (5) Files should be kept in a separate almirah for open and closed files respectively, arranged in a alphabetical order and, under each letter of the alphabet, in numerical order. (7) Index of files: (1) The index of all files should be opened. The Index should contain cross references enabling particular correspondence to be traced. It is maintained alphabetically, pages being allotted to each letter of the alphabet according to the estimate of entries to be recorded. Files should be entered on the page appropriate to the initial letter the main title of the file and cross references on the page of the initial letter of the sub-title. Under each main title entry sufficient space must be left for sub-head files. Cross-references to connected or allied file should be shown in column 4. It will make for convenience of file numbers as well as title are shown in cross-references. Example

Title of file Sub-title Index letter & Number of file Remarks Date of closing

1 2 3 4 5 Stationary Indent File A1 … Bhawan Office A1 …. Avas Prosecutors A1 ….. (2) No entries relating to individual letters should be made in the Index of files. This is a file Index only and no record of individual letter is necessary; the security of each file is insured by the addition of the serial number on each letter as shown in paragraph (5) above. (3) Each alphabetic division of the register should start on a right hand page of the register; on the corresponding left hand page should be kept a memo of the file numbers used; e.g. A 1, 2, 3, 4, 5, 6, 7 etc. As a number is taken a stroke should be drawn through that number; from this note it can at once be ascertained what number should be assigned to the next file to be opened. When a file is transferred to the next year its number should be retained and a stroke placed through that number on the corresponding page of the new file register. (4) A new Index of the Files will be opened every year on the 1st January. All entries in the old Index relating to incomplete files will be copied into the new Index, on change in the file numbers being made before any entries are made in the new year. AA note of the transfer should be made against the entries for each incomplete file in the old Index. The serial numbers of the letters in incomplete files thus transferred should be kept unbroken. (8) Correspondence received and handled

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(1) The Dispatcher/clerk will receive all letters received either from post office or other departments. He will then affix round stamp of the office along with the date of receipt on the left side of the corner except those, which are personal or confidential in nature. All the letters so received by him will be first entered in a Register called Central Dispatch Register and then placed before the S.P.O. for passing necessary orders on them. After passing necessary orders the letters will be kept in the corresponding file opened and kept in the office after due compliance, if any made in respect of that letter. If any letter is endorsed for compliance to the P.O./A.P.O. the same will be given to him and the Dispatcher will obtain signature of the Prosecutor/employee concerned in the relevant column of the Dispatch Register. If no file is opened yet for the new letter, a new file will be opened as per procedure given above. If the S.P.O. is absent from Head Quarter, the orders on the letters will be passed by the P.O./A.P.O. in-charge who has been so made by the S.P.O. while proceeding on leave etc. (8) Duties of the clerk maintaining files (1) Before returning open files clerk should place each new letter on the top of the file concerned and should note its serial number in blue on the right hand top corner and the file number in the left hand margin. (2) If the letter opens a new correspondence the files clerk should enter the subject of the correspondence in the Index of the Files, and allot a number which he will score out on the left hand page as shown in Para 6 above and should open a new file cover on which he should show clearly the title, sub-title, alphabetical letter and number of the file; he should also note in the left hand margin of the letter the file number allotted and the serial number in blue on the right hand top corner. The new file should then be sent to the Head Clerk for action. (9) Correspondence despatched: (1) The second clause of Para 8 applies to correspondence that originates in the office. The files clerk will prepare file cover for the office copy of the letter, make the necessary entries in the files register and allot a title and number. The files clerk should also act as Dispatcher and should maintain the stamps register and issue reminders. 10) References: (1) On letters issued from the office, no means of reference other than the file number and the date will be shown. The file number should be shown prominently on the left hand top corner of the letter, In answering correspondence the file number of the letter to be answered and its date should invariably be quoted and the subject of the letter mentioned briefly in the opening clause of the letter, for example " Reference your letter A-2 dated 2 March, 2002 regarding office Bhawan… … … … ." 11) Multiple addresses: (1) When a special report or other official communication is sent to more than one addressee the names and designations of all the addresses must invariably be shown at the foot of each copy. The names of the addressees for whom a particular copy is not meant should be lightly struck out, but in such a manner that is remains legible. (2) No forwarding letter is required for a return, statement or indent periodically submitted in the office of Joint Director Prosecution Range or other offices. An entry should be made in the Index of Files and the return or other paper marked as if it were a letter.

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12) Reminders: (1) No letter will be issued from the office until its despatch has been authorised by the Head Clerk/Senior Clerk. When authorising the despatch of a letter, the head clerk/Senior Clerk should decide whether a reply is required within a specified period (according to the status of the office to which the letter is despatched or the urgency of the matter dealt with). He should note at the bottom left hand corner of the office copy the date on which a reminder should be issued in the event of a reply not being received before the date. It is the duty of the Head Clerk to bring to the notice of the Head of the office about any file on which action is delayed owing to a reply not being received. All the reminders received from other offices should be placed before the Head of the office for information together with an explanation from the head clerk of the cause of delay. (2) The following system should be followed with regard to the issue of reminders. A diary should be maintained in which should be recorded the file numbers of letters despatched together with the dates on which reminders should be issued in the event of replies not being received before those dates. It is the duty of the correspondence clerk to check this diary and to see that replies, which are noted for receipt on that particular day, have been received. In those cases in which replies have not been received reminder should be issued. 13) Closed correspondence: (1) When a correspondence is finally closed, an entry "closed" followed by the date should be recorded in the Index of Files against the file entry, the file being then removed from the pending to the closed almirah. 14) Standing Orders:

(1) An Instructions file should be opened for each such subject on which general standing orders are issued so as to ensure that all orders issued on a particular subject will be kept in one place in chronological sequence for immediate reference. These Instructions files are to be regarded as permanent records and must be most carefully maintained. They should not find entry in the Index of Files, but in a separate Index to be entitled "Index to Instructions Files," which should be maintained permanently. Should any correspondence originate on the subject of an Instructions File the letter "I" must be placed before the index number of the file to indicate that it relates to an Instructions File and not to a file entered in the general index of files.

Note: The extended use of Instructions Files is aimed at with a view to reducing the necessity for amendments to the office manual and it is of the greatest importance that the files be carefully maintained as directed.

15) Guard Book

(1) Guard Books should be maintained for;

(a) Government Notifications and orders (b) Orders received from the Directorate of Prosecution

(2) The Guard Book should be maintained for each year and kept as a permanent record, and each book will include a correctly maintained alphabetical index. The Index should include a column for reference to the previous order, if any, on the same subject. Whenever an order is issued on a subject for whom an Instruction File is maintained, that order will be filed in the appropriate Instructions File; a note only being kept in the correct serial position in the Guard Book to the effect that this has been done.

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(3) It is made imperative that S.P.O./P.Os,/A.P.Os. and all clerical staff shall study the current Guard Book to keep them abreast with all the Govt. and departmental orders.

16) Postage:

(1) An account of service stamps for postage must be kept up to show the number received from the Treasury and the number used daily. Account should be inspected at irregular intervals by a gazetted officer.

(2) In affixing service stamps to postal packages, care should be taken to use the smallest number possible; stamps of the higher value should, therefore, be procured to meet actual demands

(3) Very heavy papers should ordinarily be sent as letters, but by the cheapest form of postage consistent with safety or by rail. The Indian Post Office Acts and rules must be strictly followed in this behalf.

17) Returns (Statements):

(1) A register showing the returns and reports to be furnished to the Head Office, Joint Director, District Magistrate should be kept in the office.

18) Acknowledgements to be obtained for papers:

(1) Whenever papers are despatched from the office signature of the recipient should be taken on Despatch Register or on invoice.

19) Stationary:

(1) Stock Book: One or more stock books should be maintained for stationery, blank books, registers etc. The Head Clerk is responsible for the safe custody of stationery. The issue of stationery should be placed in charge of some reliable officer. (2) Subject to the provisions of the Printing and Stationery Manual, the Head of the Office may make local purchase of the stationery the cost of which should not exceed Res.2000/-at one time during the financial year. The cost of such local purchases should be met from the allotment of "Contingency Fund." (3)Annual Indent: Annual Indent for stationery should be submitted before the 15th April to the Head Office in printed form supplied by the Superintendent, Printing and Stationery. It should be carefully prepared in accordance with the instructions issued from time to time which should be maintained in an Instruction Files 20) Arrangement of correspondence: (1) For the purposes of arrangement, correspondence will be divided into two classes:

(a) Pending files in which further correspondence is expected. (b) Closed files.

For arrangement and record a collection of papers, not in the form of correspondence but relating to one subject, should be treated as a file. 21) Pending files: (1) One almirah or more according to the requirements of the office should be specially kept for pending files and should be divided into compartments one for each letters of the alphabet.

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(2) Every file should be kept in its proper place in the compartment to which it belongs except when it is in actual use. 22) Closed Files: (1) Close files should be placed in the almirahs with a separate space assigned to each letter of the alphabet according to requirements. The files under each letter of the alphabet should be arranged according to their file numbers, tied together in packets of a convenient size, and placed between stiff boards. On the top of the board should be written the number of files under the letter of the alphabet. A slip should be inserted for any file temporarily removed from the packets. An almirah or a separate part of an almirah should be assigned to the files of each year. (2) The Head clerk should obtain the orders of the Head of office for the destruction of the closed files of each year after the expiry of the period prescribed for their retention and should note the fact that they have been weeded out against the entries made for them in the Index of Files. 23) Library: (1) In regard to the maintenance of the library and the weeding and destruction of obsolete books the rules in paragraphs 776 to 788 of the Manual of Government Orders Volume II should be strictly followed. All Government books and publication should be kept in a closed almirah, the key of which should be kept by Head Clerk. (2) All the books of the Library should be entered into a register called "Central Register" mentioning therein the name of the book, serial number allotted to the book, Name of Published/Writer and the price of the book. A separate register should be kept for issue of the Library Books to the Prosecutor called "Distribution Register" in which apart from the above column, two more columns; one for the name and second for the signature of the persons to whom the book is issued, shall be inserted. 24) Registers:

(1) The following registers shall be kept in the office of Senior Prosecuting Office:

(a) Register of Casual Leave: Two registers of casual leave will be maintained in the office in the prescribed form which will be called as Casual Leave Register in which the leave taken by the Gazetted Officer and Non-gazetted staff will be entered. This register will commence from January to December of each calendar year. Maximum 14 days Casual Leave can be granted to Gazetted Officer and Non-gazetted staff. Head of Office is empowered to grant Casual Leave. The Head of Office can grant ten days extra leave in extra ordinary cases. The Officer who has granted the leave will also initial the entry made in this register. A proper level of Casual Leave Register should be appended on the register. Every Causal leave application will be submitted in the office on which the clerk will affix his report regarding the leave availed off so far and the leave left in balance. The application will then be placed before the Head of Office, who will pass necessary orders regarding leave. (Subsidiary Rules 201 and 202 of Financial Hand Books Volume II deal generally with Casual leave, which will be followed) (b) Earned Leave Register: A separate register for Earned Leave will be kept in the office, which will be called as Earned Leave Register. A proper level of Earned Leave Register should be appended on this register. Two registers each for Gazetted Officer and Non-gazetted staff should be kept.

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Part I of Fundamental Rules and Part II of Subsidiary Rules of Financial Hand Books Volume II deal generally with leave, which will be followed.

(c) Leave Travel Concession Register: Two Registers each for Gazetted Officer and non-gazetted staff will be maintained in the office in which the entries in the prescribed form will made by the clerk made responsible for maintaining this register.

Procedure contained in the G.O.for LTC will be followed regarding grant of the LTC to the

employee concerned. (d) Joining time leave register: A separate register for joining time leave will be

maintained in the office, which will be called as Joining Time Leave Register. A level will be pasted on this register.

Joining Time calculated as prescribed in subsidiary Rule 174 may be granted to a Govt.

servant when he joins on transfer. During such joining time he shall be regarded as on duty and shall be entitled to the leave salary, which he last drew on leave.

Fundamental Rule 105 prescribes the conditions in which joining time may be granted go a Govt. servant. (d) Telephone Register: A separate register for telephone will be maintained in the office in which entries will be made in accordance with the direction issued by the Directorate in this behalf. (e) Govt.Property Register: A register for Govt. Property will be maintained in the office in which all the properties of the office will be entered. This register will be maintained in accordance with the directions issued in this behalf by the Directorate. (25) Responsibility of Head of Office (Drawing and Disbursing Authority): (1) The Drawing and disbursing authority will be responsible for the regularity and accuracy of the accounts of his office. Subject to the exercise of the close supervision, which this responsibility implies, he may delegate his duties to any of the senior most Gazetted Officer (2) When the D.D.O. is absent from Head Quarter, this duty, other than monthly verification of the cash balance, the verification of treasury credits and payments and the signing of the bill, can be performed by the senior-most gazetted officer. (26) Detailing of work to assistant Accountants: (1) The accountant will be directly responsible for the accuracy of the accounts and for the safe custody and proper disposal of money, stamps vouchers and other papers connected therewith. Subject to this condition and to the general control of the D.D.O.he can delegate to his assistants such portions of the accounts work as he considers can be efficiently performed by them. The accounts must be kept in Hindi. 27) Custody of money: (1) All money received by the accountant which he can not disburse or pay into the Treasury on the date of receipt must be kept in a chest of the office. The accountant shall keep the key of the chest, unless the amount exceeds the amount of the Accountant’s Security, in which case he should make it over to the D.D.O. or to the Officer deputed by him.

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(2) Money may be entrust for conveyance to the officers, officials, men or peons mentioned below upto the limit specified in each case: Upto Rs.100- A peon in permanent Government service. Upto Rs.200- A peon of over 20 years service. Upto Rs.500-A peon who has furnished security of not less than Rs.100 Upto Rs.2000-A peon who have furnished security as above or an official in perment Government serive of not less than two years’ standing whose pay is not less than Rs.5000/-. When the accountant has occasion to draw a large sum of money from the Treasury or the State Bank he should be accompanied by peon/peons. 28) Restriction on drawing of money: No money, which cannot be immediately disbursed, should be drawn from the Treasury except money required for the re-coupment of the permanent advance and they pay or travelling allowances of men temporarily absent. 29) Money received to be paid into Treasury: For the orders regarding disposal of moneys received, see the Financial Hand Book Volume V, part I, paragraphs 19 to 21. Ordinarily all money received should be paid at once into the Treasury or Bank. Sums, which have to be disbursed, should subsequently be drawn as items of expenditure. 30) Receipts when to be stamped: Receipts for sum of exceeding Rs.20 must be stamped unless they are exempted from stamps duty e.g. receipts granted by or on behalf of the Government. 31) Challans and receipts: The Instructions in paragraphs 31 and 47 of the Financial Hand Book, Volume V, Part I, regarding the preparation of challans and vouchers and those in paragraph 75 thereof prohibiting the grant of duplicates of receipts must be carefully observed. 32) Numerals: The use of numbers not in general use, for example those used by certain classes of traders, is forbidden. When Hindi is the official language, Hindi numerals should be used and in other papers English numerals should be used. 33) Bills to be cashed within the financial year: Claims against the State Government should be promptly settled in accordance with paragraph 159 of the Financial Hand Book Volume V, Part I, but it is not permissible to draw money to pay for articles before they are supplied, or in order to prevent the lapse of an appropriation. All bills countersigned or passed by the D.D.O. must be cashed before 31St March: they should in no circumstances be paid from the budget grant for the following year 34) Proforma payment forbidden: The payment of pro forma bill is strictly prohibited. If articles ordered from a firm are not supplied before the close of a financial year they must be paid for from the grant for the ensuing year.

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35) Money Orders: A counterfoil book of money order forms should be kept and the receipt slips granted by post office should be attached to the counterfoils. Payees’ postal receipts should be attached to the acquaintances rolls or payment orders. 36) Income from miscellaneous sources I: (1) A special register of income from miscellaneous sources should be maintained by the accountant in the prescribed proforma. (2) Some unruled pages should be reserved at the beginning of the register for a list of regular sources of income. (3) The register should be examined at least once in a every quarter, by the D.D.O. who should satisfy himself that no source of income is being overlooked, that instalments due in respect of rent or lease are being punctually paid and that all money received has been paid into the Treasury and credited under the correct heads. For this examination of the accountant should enter in the register a list of outstanding claims and the D.D.O. should attest the correctness of this list. (4) When a sale is necessary a list of the articles to be sold should be prepared by the Head Clerk or in the case of waste paper, by the clerk. The D.D.O. should note on this list any directions necessary to ensure that the full market value of the articles is obtained. The date and time of sale should be made known locally and articles should ordinarily be sold by auction to the highest bidder, subject to the acceptance of the bid by the D.D.O. The accountant should enter in the register particulars of the articles sold and the amount realised and the D.D.O. should attest this entry. Necessary entries should also be made in the cash book and the money should be paid into the Treasury without delay, a copy of the list of articles sold being attached to the Treasury Invoice. In the case of articles entered in the stock book the Head Clerk should enter in that register the amount realised and the date of remittance of the money to the office of the D.D.O. When articles are sent to an auctioneer, a list of such articles should be sent to the accountant who should enter particulars in the register and await the receipt of the amounts realised by the auctioneer. 37) Correspondence, Bills, Cash Book, Credit Orders and Payments: All references on the following subjects should be addressed to Head Office:

(a) General questions regarding accounts. (b) Advances (c) Arrear Pay Bills (d) Telephone charges (e) Travelling Allowance Bills (f) Arrears Travelling Allowance Bills (g) Monthly statement of receipts (h) Books adjustment under various budget heads (i) Bills in connection with the running charges of cars, scooter etc.

2) Specimen signature: On a change of incumbency of drawing officers the relieved officer should send to the Treasury an intimation of the change together with three specimens of the signature of the relieving officer.

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3) Preparation of Bills: In addition to the general rules for the preparation of the bills as contained in paragraph 47 Financial Hand Book, Volume V Part I, the following rules must also be observed:

a) The total amount of the bill should be entered in the words and may be filled in by the clerk who prepares it. The Head Clerk must check the bill and initial it, but drawing officer will be held responsible for the accuracy of the entries and for their being made so not to lend themselves to fraudulent manipulation. Corrections affecting the amount of the bill, either in words or in figures, should, however, be attested by the drawing officer with his full signature and not merely with his initials

b) All officers who sign vouchers or bills and all clerk who prepare them must satisfy themselves that the entries are so made as to preclude the insertion of words or figures either before or in continuation of the words or figures entered in the vouchers or bills.

c) Bills must be endorsed before presentation with the words "under Rs… … .." in red ink. d) The drawing officer must see that the progressive total shown in each contingent bill is

correct and that it agrees with the total in the contingent register. e) Bills presented directly for payment at the Treasury should be clearly marked "Not

payable unless accompanied by a separate receipt" f) All Bills drawn from the Treasury must be numbered serially e.g. "Detailed Bill of

contingent charges of the S.P.O.Meerut. g) The complete classification of accounts required by paragraph 47(e) of the Financial Hand

Book Volume V, Part I must be observed. h) The account classification of every bill should show whether the expenditure is "voted" or

"charged". The pay and allowances of Gazetted Officer are "charged". The pay and allowances of all other non-gazetted staff under "supplies and services" and "Contingent" or "Voted".

4) Daily Cash Book: (1) The daily cashbook should be maintained by the accountant. Details of the daily balance in hand should be given under each of the Heads. The Head Clerk should initial the cash book each day after checking the totals and comparing each item with the credit orders. (2) The accountant should place the cash book daily before the D.D.O. together with the necessary contingent registers and credit orders and payment warrants and the D.D.O.should check all entries and sign the cash-book. (3) The following instruction regarding the maintenance of the cashbook should be carefully followed: Credit side: Column 1-shows month and date Column 2- shows the head of account in Hidi In case of permanent advance the entry should be for a recoupment of payment made from this head; the entry should be in the form P.A. over the head of account. The number of the bill should be shown in column 4 when a recoupment is made by a contingent bill of any kind. Column 3- shows the serial number of both the credit order cashbook, thus Serial number of credit order Serial number of cash book

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The Serial numbers for the credit order and cashbook should run throughout the year, starting from the Ist April. Only one credit order should be prepared for each bill drawn, even if it includes money both for the re-coupment of the permanent advance and for original payments. Column 4-shows detail of receipts with the number of any bill or cheque. The detail should include a description of each item in the credit order showing separately the amounts drawn in cash and by Tehsil order. For a recoupment of the permanent advance the numbers of the debit items recouped must be shown in the column. Column 5- shows the amount credit. Column 6-shows the total receipts of each day with the progressive total for each page for the day. Column 7-shows the date or dates on which the item in column- 5 was disbursed, together with the amount disbursed on each date when the full amount is not disbursed in one day-see column II. When all the items in a page have been adjusted, the D.D.O. should mark the page in the left hand top corner with the letter A and his initials and date, once a week or an authorised gazetted officer should go through all the pages not so marked and examine the files to ascertain the cause of delay. Debit Side: Column 8-should show the same date as column 1. The debit side should begin daily from the same line as the credit side. Column 9-shows in Roman figures the head of account to which the payment relates. For payments from the permanent advance the entry will be in the form P.A. order the head of account. Column 10-shows, except for payments from the permanent advance, the number of the item in column 3 from which the payme3nt is made i.e. the number of the credit order and of the cash book as written in column 3. Payment from the permanent advance sho8uld be serially numbered in this column, the serials running from the 1st April. Thus, for example, the entries for a payment from the permanent advance might be P.A./VI in column 9, and will be 15 in column 10 for the fifteenth sum paid out of the permanent advance since the 1st April. Column 11-shows the date on which the payee’s receipt is examined by the D.D.O.; this applies also to items paid from the permanent advance. Each separate item of payment should be adjusted separately as soon as the receipt is available. When adjusting column 11 the D.D.O. should also check column 7 and see that the accountant has duly entered the date of payment there. Column 12 and 13- Payments are entered here in the same manner as credits are entered in column 4 and 5. Column 14- shows the total of the payments for the day and the progressive total of each page for the day. 38) All receipts and payments to be shown in cashbook: (1) All money received in any form must be shown in the cash-book before it is paid into the Treasury and all money drawn from the Treasury must be shown in the cash book before it is disbursed. (2) Receipts and payments must be shown in detail; but for payments made for contingencies the full details of which are given in the contingent registers only the daily totals need be shown with clear references to the items in the contingent registers.

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39) Credit orders: (1) When any bill if to be signed by the D.D.O. for payment without pre-audit, or when any cheque has been received from the Accounts Office after pre-audit, or when money is received in any form, the D.D.O. should sign a credit order before signing the bill endorsing the cheque or issuing a receipt for the amount received in cash, as the case may be. Similarly, when a remittance transfer receipt money order, or other paper is received which requires the signatures of the D.D.O. before the money can be drawn it should be signed at the same time as the credit order. (2) The Head Clerk will be held responsible for the safe custody of the book of credit order forms in use. Books not in use should be kept by the D.D.O. with a memo, showing the balance in hand and the dates of receipts and issues. 40) Crediting of money: (1) Money should in the first place be received by the Head Clerk who should prepare the necessary credit order and obtain the signature of the D.D.O. thereon. He should then hand over the money and credit order to the accountant who should credit the money and file the credit order as a voucher for the entry in the cash book. Credit orders should be numbered serially for each financial year. (2) The Head Clerk is responsible for seeing that all items for which he fills in credit orders are duly entered in the cashbook. 41) Encashment of bills and cheques: (1) When a bill or cheque is ready for presentation at the treasury it should be brought to the D.D.O. for signature with a credit order showing separately the amount to be drawn in cash and the accounts to be drawn by Tahsil cash orders (if need). The D.D.O.should sign the bill or cheque and the credit order and, if Tahsil cash orders are required, a requisition for them in duplicate prepared by the accountant in the prescribed form (except in the case of cheques when only one form need be prepared the original requisition being entered in manuscript on the reverse of the cheque). When examining the accounts for the day he sho8uld see that the amount drawn in cash by the accountant and the amount for which cash orders have been issued agree with the total of the bill or cheque. He should satisfy himself that the duplicate copy of the requisition for cash orders has been signed at the Treasury in accordance with the relevant rules in the Financial Hand Book Volume V. In the case of a bill or cheque to be drawn wholly in Tahsil cash orders he should as a safeguard against encashment at the Treasury, protect himself by writing on it "Payment required by Tahsil cash order." (2) Sums should not be drawn in c ash and returned subsequently to the Treasury for the issue of Tahsil cash orders. 42) Payments: (1) The accountant must make no payment without the authority of the D.D.O. Any cash payment made by him should be made in the presence of a gazetted officer who should attest the payee’s receipt. He must obtain for each payment a receipt in police form no.139, showing clearly the identity of the payee. The receipt, if not sent to the Accountant General should be filed with the credit order to which it relates. . All receipts and other vouchers should be prominently defaced with the word "cancelled" and marked with the connected serial number of the daily cash book and should be retained in files for three years. (2) Before any records that properly appertain to the accounts audited by the auditor, a list of them should be forwarded to the Accountant General for his concurrence vide clause (d) of Appendix XVI of the Financial Handbook, Volume V Part I. Each file should have a credit order as

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its basis and should contain the original orders of payment, receipt, vouchers and other papers relating to the credit order. The file should be kept in one or more monthly bundles arranged according to the number or the credit orders. 43) Duties of D.D.O.: The D.D.O. should examine the cash book punctually on the day following that for which the accounts are written up to see that the totals are correct, that all sums received and drawn have been properly shown on the credit side of the cash book and that no payment or credit into the Treasury has been made without due authority. He must (a) initial credit orders on the front at the bottom right hand corner after comparing them with the cash book (b) fill in with his own hand column 11 of the cash book for each item or sub item after examining the payee’s receipt and seeing that the whole sum shown is accounted for (c) mark each credit page with the letter "A" and his initials and date when all the items on the page have been fully disbursed and adjusted; and (d) see that the sum in the police treasury chest does not unnecessarily exceed the accountant’s security, that it is kept down to the lowest possible limit and that it agrees with the cash book. At the end of each month the D.D.O. should enter in the cashbook the certificate of verification of each valance required by paragraph 27A of the Financial Hand Book Volume V. 44) Unadjusted items: On the 15th of every month a list of unadjusted items, which have been pending for fifteen days or longer, and a list of recoverable advances should be entered in the cashbook and shown to the D.D.O. . 45) Treasury check: A gazetted officer should visit the Treasury at the beginning of each month and carefully check all credits and payments of the preceding month with the Treasury records. The result of this verification should be recorded in the cashbook over the signature of the gazetted officer. 46) Receipts: Form No.1 of the Financial hand book Volume V Part 1 should be used for all recei9pts issued including those for the proceeds of sale of any property. Insturcti8ons contained in paragraph 26, 26A and 27 of the Hand Book should be carefully followed. An accurate account of the issue of the books containing these forms must be kept in the Stock Book of Forms only one book being issued at a time. 47) Contingent charges and Registers: (1) The definition and classification of contingencies are given in paragraphs 1450-153,m Financial Hand Book, Volume V, Part I. Contingencies are mainly of three types, namely, 1) Contract contingencies, 2) Non-contract contingencies and 3) Special contingencies. (2) A definite sum is allotted to each District each year for non-contract expenditure.

(3) A separate register is maintained for class expenditure. In the register for contract contingencies a separate column should be assigned to each detailed head. The register for non-

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contract contingencies should be sub-divided according to the provincial sub-heads of expenditure. The sanctioned budget allotment for each detailed head should be entered at the tope of its column. Every Item of expenditure should be entered in its appropriate column and should be admitted by the D.D.O. (or the gazetted officer to whom the D.D.O. delegate this duty) entering his initials and the date in the column provided for the purpose. The expenditure from the permanent advance shown in the cashbook should be checked with the contingent register concerned before the cashbook. Entries in contingent registers should be sufficiently detailed to admit of each item of expenditure being easily identified. When a bill is drawn the total expenditure up to date and the balance available under the head should be noted in the register. Once a month the D.D.O. should personally scrutinise the expenditure and the balance available under each head. 48) Preparation of contingent bill: (1) Detailed instructions regarding the preparation and encashment of contingent bills and the manner in which service postage stamps are obtained will be found in paragraphs 176 and 166 to 168 Financial Hand Book, Volume V. (2) The D.D.O. may authorise a subordinate gazetted officer top sign a bill, voucher or order for him during his absence communicating the name and specimens signature of such officer to the Treasury. This will not, however relieve the D.D.O., in any way from his responsibility for the accuracy of the bill or for the disposal of money received in payment. (3) The rule regarding inspecting officers’ bills will be found in paragraph 188,Financial Hand Book Volume V. 49) Method of drawing contingent charges: Contingent charges may be drawn either of the following ways: (a) After payment from the permanent advance, on bills to which, in the case of non-contract contingencies, should be attached payee’s receipt, for any item over Rs.25 and a certificate that receipts have been obtained for small items; in the case of contract contingencies, the receipts for items over Rs.25 should be retained in the office, while other receipts should be destroyed or so defaced that they can not be used again. (b) Before payment: on bills in which the form of certificate printed on the bill to the effect that payee’s receipt will be forwarded as soon as the amounts have been signed. Method (a) should be adopted if the sums are small and if there is sufficient money in hand. Method (b) should be adopted if the sums are small and if there is sufficient money in hand. The authority for the charges must be quoted on the bill and it must be prepared according to the general instructions for the preparation of bills in paragraph 47, Financial Hand Book Volume V and any directions issued by the Accountant General. 50) Record of Service: A combined character and service roll must be kept up in the office for non-gazetted and clerical staff.

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Page 1 and all entries in the remaining pages should be signed by the supervising officer (S,P.O.& J.D.). There should be no erasures or over-writing, all corrections being neatly made and properly attested. The Character Rolls of the Gazetted Officers shall be maintained in the Office of the Joint Director (Prosecution). 51) Cancellation or alteration of entries: The supervising officer will not cancel a misconduct or punishment entry in the character roll of any employee unless such an entry has been made by him or under his order. The J.D. may direct the S.P.O. to alter or cancel any entry concerning the conduct of an employee of the S.P.O. office on the petition of the employee concerned where, on enquiry it is shown that the entry was unjustified. The entry or the portion thereof orders to be deleted shall be made illegible. 52) Adverse entries: The relevant rules contained in C.C.A.Rules 1999 shall be followed while awarding adverse entries. Copies of character rolls may not be given to the employee, but every entry, which may adversely affect the promotion of an employee, should be communicated to him and a note that this has been done must be included in the entry itself. Before such an entry is made an opportunity should be given to the employee concerned to show cause why it should not be made. The character Rolls are the property of the State Government and on the retirement or dismissal of an employee should be retained in the office. 53) Transfer: When an employee is transferred, his roll should be sent to the head of the officer under who is he to serve. 54) Particulars on page 1 of the character roll: (1) The date of birth should be ascertained as nearly as possible and J.D/.,S.P.O. should satisfy himself that the employee has filled correct date of birth. All entries should be clearly explained to the newly appointed employee who should be required to affix his signature as well as his finger impressions. Height and indelible marks of identification should be very carefully recorded. (2) On page two the entries should be made thus; entries should be brief. The duration of any temporary appointment, break of service, promotion, suspension, absence or other inciedent of service should be shown by entering the exact dates. The officiating pay of an officer who holds an officiating post should be entered in the remarks column and whenever officiating pay counts towards pension in article 486(h) Civil Service Regulations, the chain of arrangements should be detailed. Important incidents of service such as reduction should be recorded clearly and prominently in red ink. The kind of leave should be clearly shown. All ordinary leave should be entered in the leave account in the character roll and extra ordinary leave should also be noted. Details of previous service, if any, should be carefully entered as soon as possible after enlistment. Properly attested service only should be admitted. The entry should contain a clear statement of the proof adduced of such previous service (with exact dates and other details) and a certificate signed by the D.D.O. that he accepts such proof.

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(3) Previous military service: When an ex-military personnel is appointed, his previous military service should be verified, as soon as possible after his appointment from the Controller of Defence Accounts concerned. Information on the following points, duly verified by that officer should be noted in the character roll of the employee concerned; That correct period of service with the dates of commencement and termination of such service and the amount of leave, if any enjoyed during the period. Whether the service was qualifying under the military rules and whether it terminated before a pension or gratuity was earned. Whether any pension gratuity, reward or bonus was granted by the Military authorities and whether the official was attached to permanent or temporary unit. 55) Service Book: A service book in Treasury form No.356 should be kept for every employee in which every step in official life of the employee should be recorded and each entry will be duly attested by the D.D.O. A service book should be supplied at his own cost to every Government servant for whom it is necessary, on his first appointment. 56) Entries in the service book: Subsidiary Rules 135-140 regulates the maintenance of service book. The entries on page 1 should be re-attested every five years. The following instructions should be observed with reference to the remaining pages and the Government servant for whom the service book is kept should be required to sign against every entry in these rules: (1) When an officer for whom a service book is maintained is transferred from one district to another, the last entry in the service book should be closed by noting the date of handing over charge in column 10 and the words "Transferred to… … ." in column 11, with the signature of the attesting officer in column 12, before the service book is sent to the head of the office to which he is transferred. As soon as the book is received in the new district, periods spent by the officer in transit should be entered across the page below the last entry, and a fresh entry should be made in column 1-9, the date of taking over charge being entered in column 7. (2) In columns 2 and 3 every change of grade or class as well as every change of rank, temporary or permanent, should be entered; but it is not necessary to use a whole page for the entry of each step. (4) In Column 9, the signature should be the signature of the D.D.O. or a duly authorised gazetted officer. (5) Except as noted in paragraph noted below, column 15 should be left blank as this information is recorded in character and service rolls. (6) Officiating pay should be entered clearly in column 5 in the case of officers whose pay is not less than Rs.2000 whose pay is on an incremental scale or whose officiating or acting allowance counts for pension under Articles 486(h) Civil Service Regulations. Important events in service, such as reduction, should be clearly recorded, preferably in red ink, in the appropriate column. (7) For period of qualifying service prior to permanent qualifying service, extracts of departmental orders showing the nature of the temporary or officiating vacancy in which or in connection with which, the officer was appointed should be attached to or entered in the service book. 60) Miscellaneous rules relating to Service Book:

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(1) When an officer is promoted substantively to a post for the holder of which the rules require that a service book be maintained, a service book should be opened for him, but the entries from page 2 to the end should relate only to service rendered subsequent to such promotion. (2) A service book may be given to a Government servant if he resigns or is discharged without fault, an entry being made therein to this effect. (3) A Government servant should be allowed to examine his service book at any time should he desire to do so. Ordinarily there should be no occasion for this, as the examination should be made whenever the Government servant is required to sign against an entry. (4) Personal certificate of character should not, unless the State Government so direct in particular case, be entered in column 15. The reason for any reduction should, however, be briefly stated .

Records of Prosecutors :- 61) Prosecutors’Court Diary 62) Witness Register 63) Malkhana Register 64) Absconder Register 65) Court Moharrir Inspection Register 66) ACquittals Report Register for both Lower/Sessions court

vii Arrangements for Consultations with public (1) All gazetted and non-gazetted staff should be soberly dressed. (2) While appearing in any court every Prosecutor shall wear the dress as prescribed by the Directorate of Prosecution or prescribed in General Rules (Criminal) framed by the High Court of Judicature at Allahabad i.e. Black coat and black tie. (3) The Prosecuting Officer and Assistant Prosecuting Officer is the legal adviser in criminal matters to the District Magistrate and Superintendent of Police furnishs legal opinion on such matters which are either sent to them or consulted with them. (4)for consultation with public ADG Prosecution UP vide letter no Samanya-2-2005/153/2005 dated 9th Jan 2006 Appointed Joint Director of Prosecution Meerut and Distt SPO as State Information Officer respective for Regional Office Meerut and SPO Office Meerut . ADG Prosecution also Appointed Sinior Asstt and Senior most PO as State Asstt Information Officer .

viii. Boards Counncil Commiitees :- NIL

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ix. Directory of Officers and Employees :- (A) Directorate of Prosecution UP Lucknow Sl No

Name and Designation STD CODE

Tel/Mobile Nos

Office Residence Mobile

1 2 3 4 5 6 1 Sri HS Balwaria,IPS

ADG Prosution 0522 2720656 2205150 -------------

2- Sri Suvrat Tripathi IPS Director of Prosecution

0522 272749 2781626

3- Sri SujanVir Singh IPS Addl Dir Prosecution

0522 2720717 2302379

4- Sri SG Imam,Joint Director Prosecution (Law)

0522 2720754 ------------ 9415519203

(B) Joint Director Prosecution Meerut Sl No

Name and Designation STD CODE

Tel/Mobile Nos

Office Residence Mobile

1 2 3 4 5 6 1- Sri A S Tomar I/C Joint

Director Prosecution Meerut 0121 2644383 9412451211

(C) Senior Prosecuting Officer Meerut Sl No

Name and Designation STD CODE

Tel/Mobile Nos

Office Residence Mobile

1 2 3 4 5 6 1- Sri A S Tomar, Senior

Prosecuting Officer Meerut

0121 2664946 - 9412451211

2- Sri S K Sharma PO 0121 2664946 - -

3- Sri DR Premi PO 0121 2664946 - -

4- Sri Lal Bahadur Singh PO 0121 2664946 - -

5- Sri R K Tripathi APO 0121 2664946 - -

6- Sri P K Pandey APO 0121 2664946 - -

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7- Smt Madhubala Sharma APO 0121 2664946 - -

8- Sri KK Sharma APO 0121 2664946 - -

9- Sri Vipin Kr Garg APO 0121 2664946 - -

10- Sri U C Saxena APO 0121 2664946 - -

11 Sri H N Mishra APO 0121 2664946 - -

12 Sri Mewa Lal Yadav APO 0121 2664946 - -

13 Sri G K Verma APO 0121 2664946 - -

14 Sri Omprakash APO 0121 2664946 - -

15 Sri PC Dwivedi APO 0121 2664946 - -

16 Sri SK Singh APO 0121 2664946 - -

17 KmUArchana Gupta APO 0121 2664946 - -

18 Sri Ajay KumarAPO 0121 2664946 - -

19 Sri Swadesh Kumar APO 0121 2664946 - -

x. Monthlly Remuneraation received by Oficers and

Employees :- Oficers and Employees of SPO Office Meerut

Oficers and Employees of JD PRosecution Office Meerut

Rs 4,29,601 Rs 64,033 xi. Budget allocated to each of its agency

SPO Office Meerut

JJD PRosecution Office Meerut

Rs 59,63,761 Rs 9,15,150 xii. Manner of execution of Subsidies Programmes and Grants

:- NIL xiii. Recipients of Concessions permits or Authorizations

granted :- NIL xiv. Information in Electronic Form :- NIL xv. Facilities to Citizens for Obtaining information :-z To Facilitate Citizens for Obtaining information ADG Prosecution UP vide letter no Samanya-2-2005/153/2005 dated 9th Jan 2006 Appointed Officers as under:- Sl No

Office/Unit State Information Officer State Asstt Information Officer

Appellete Officer

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1 Directorate of Prosecution

Director of Prosecution Dy Director Prosecution

Director General Prosecution

2 Regional Office Joint Director of Prosecution

Senior Asstt Director of Prosecution

3 Distt Senior Prosecuting Officer Seniormost Prosecuting Officer

Joint Director of Prosecution

xvi. Public Information Officers (PIOS) Details of <Name of the

Public Authority> Sl No

Name Post Office Phone

1 2 3 4 1 Sri S K Sharma

Prosecuting Officer SPO Office

Meerut 0121-2664946

2 Sri P K Tyagi Senior Assistant Regional Office Meerut

0121-2644383

xvii. Such other Information as may be prescribed :- Nil

(A S TOMAR) SENIOR PROSECUTING OFFICER MEERUT

I/C J D PROSECUTION Meerut Range Meerut.

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