In order to avoid or minimize conflicts arising from overlap of functions with the existing appropriate authorities responsible for enforcing discipline in each establishment, the following categories of Misconduct should be appropriately handled by the Anti-Corruption and Transparency Unit:
- Suppression of Records: If the suppression is to cover up fraud or to cover up “corruption”, vide Section 15 of the Corrupt Practices and Other Related Offences Act, 2000, hereinafter referred to the Anti-Corruption Law.
- False Claim: The false claim provided in Public Service Rule 04401 becomes a crime under the Anti-Corruption Law if it was made by an officer in the course of his duty and against the Government or any of its Agencies.
- Corruption: Public Service Rules 04401 defines “corruption” as a serious misconduct and by virtue of Section 2 of the Anti-Corruption Law that acts includes “bribery, fraud and other related offences”. This, therefore, amounts to misconduct under the Public Services Rules and is a crime under the Anti-Corruption Law.
- Embezzlement: By virtue of Section 12 of the Anti-Corruption Law, embezzlement, recognized as a serious misconduct in PSR 04401, is equally a crime.
- Dishonesty: Dishonesty is a serious misconduct in the Service under PSR 04401. The import of the provisions of Sections 19 and 25 of the Anti-Corruption Law is that dishonesty in the discharge of official duty, which may cause the Government financial or proprietary loss, is also a crime.
- Falsification of Records: Falsification of records of any nature is a serious misconduct under Chapter 4 of the Public Service Rules. However, the falsification of record becomes a crime by virtue of Section 16 and 25 of the Anti-Corruption Law, if the “falsification of records” is with respect to government finances or government proprietary interests.