Central Vigilance Commission Quotes

Cases of unauthorized absence, over-stayal, insubordination, use of abusive language, etc. do not have any vigilance angle. There are some border line cases, such as gross or willful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible public interest is evident; failure to keep the controlling authority/superiors informed in time – these are some of the irregularities where the disciplinary authority with the help of the CVO should carefully study the case and weigh the circumstances to come to a conclusion whether there is reasonable ground to doubt the integrity of the officer concerned.4. What are the two parts of the register for recording complaints? One part of the register is meant for registering the complaints in respect of category ‘A’ officers i.e. those in respect of whom the advice of the CVC is required. The other part pertains to Category ‘B’ officers are those in respect of whom CVC advice is not required. As far as central Government employees are concerned Category ‘A’ refers to Group ‘A’ officers. If a complaint involves both the categories of officers, it shall be entered in the higher category i.e. category ‘A’.5. How to deal with anonymous and pseudonymous complaints? Para 3.8.1 of the CVC Manual provides that as a general rule, no action is to be taken by the administrative authorities on anonymous/pseudonymous complaints received by them. It is also open to the administrative authorities to verify by enquiring from the signatory of the complaint whether it had actually been sent by him so as to ascertain whether it is pseudonymous. CVC has also laid down that if any department/organisation proposes to look into any verifiable facts alleged in such complaints, it may refer the matter to the Commission seeking its concurrence through the CVO or the head of the organisation, irrespective of the level of employees involved therein.Besides, any complaint referred to by the Commission is required to be investigated and if it emerges to be a pseudonymous, the matter must be reported to the Commission.6. What action is required in the case of false complaints? If a complaint is found to be malicious, vexatious or unfounded, departmental or criminal action as necessary should be initiated against the author of false complaints 33

In 2012, Vigilance Commissioner R. Sri Kumar cited an internal study to say that the CBI’s conviction rate in corruption cases was a shocking 3.96 per cent. The CBI analysed 264 corruption cases in which 698 people were accused, including 486 government officials. On an average, the CBI took more than thirteen months to conclude investigations and just eight out of the total accused were convicted after twenty-six years of investigation and trial, Sri Kumar said. ‘There is no certainty of punishment for corruption and that is why corruption has increased,’ said Sri Kumar, who, as a member of the Central Vigilance Commission, was officially tasked to supervise the CBI.

c) Taking a view as to whether there is any need to keep the delinquent employee under suspension (d) Taking a view on the preliminary investigation report and deciding about the future course of action thereon, such as warning, training, counseling, initiation of major or minor penalty proceeding, prosecution, discharge simpliciter, etc.(e) Consultation with the Central Vigilance Commission (CVC) where necessary (f) Deciding whether there is any need to issue of charge sheet or penalty may be imposed dispensing with inquiry under the appropriate provision (g) Issue of charge sheet where necessary - Rule 14(3) (h) In the case of minor penalty proceedings, deciding, either suo motu or based on the request of the delinquent employee, as to whether it is necessary to conduct a detailed oral hearing.(i) In the case of minor penalty proceedings, forming tentative opinion about the quantum of penalty based on the representation of the delinquent employee, if any, and ordering for a detailed oral hearing where necessary.(j) After issue of charge sheet, deciding as to whether there is any need to conduct inquiry, or the matter may be closed, or the penalty can be imposed, based on the unambiguous, unconditional and unqualified admission by the delinquent employee.(k) Passing final order imposing penalty or closing the case, based on the response of the delinquent employee (l) Appointment of Inquiry Authority and Presenting Officer, where necessary (m)Taking a view on the request, if any, of the delinquent employee for engagement of a Legal Practioner as Defence Assistant (n) Making originals of all the listed documents available to the Presenting Officer so that the same could be presented during the inspection of documents.(o) Examination of the inquiry report to decide as to whether the same needs to be remitted back to the inquiry authority - Rule 15(1) (p) Deciding as to whether the conclusion arrived at by the Inquiring Authority is acceptable and to record reasons for disagreement if any – Rule 15(2) 6

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