Central Vegilance Commission
Satarkta Bhawan, Block ‘A’
GPO Complex, I.N.A.
Dated: March 14, 2011
Sub: Complaints against Secretaries to the Government of India and Chief Executives of the Public Sector Enterprises and CMDs of the Public Sector Banks and Financial Institutions.
Attention is invited to DoPT OM No.104/100/2009-AVD.I Dated 14.01.2010/08.03.2010 and DPE OM No.15(1)/2010-DPE(GM) dated 11.03.2010 / 12.04.2010, constituting Groups under the Chairmanship of Cabinet Secretary and Secretary (Coordination) in the Cabinet Secretariat respectively for handling complaints received against Secretaries to the Government of India and Chief Executives of the Public Sector Enterprises and CMDs of the Public Sector Banks and Financial Institutions. In this connection, the Central Vigilance Commission (CVC) vide circular No.29/07/10 dated 27/07/2010 had issued a clarification regarding handling complaints in respect of the above mentioned categories of officers received by the CVC and referred to the concerned administrative authorities by CVC.
2. Cabinet Secretariat has brought to the notice of the CVC that in spite of above clarifications issued by CVC, some Ministries/Departments which receive complaints from CVC for taking appropriate action, instead of taking further necessary action at their level continue to forward the same to the Group of Secretaries of Group of Officers for consideration. Cabinet Secretariat has therefore, desired that instructions be issued by CVC to all the Ministries/Departments in this regard.
3. In the light of above, the Commission would like to impress upon all Ministries/Departments of the Government of India that the Central Vigilance Commission has been assigned powers under Section 8(1) of the CVC Act, 2003 (45 of 2003) to inquire or cause an inquiry or investigation to be made into any complaint alleging commission of offences under Prevention of Corruption Act, 1988 against any official belonging to such categories of officials specified in sub-section (2) of ibid section. The categories of officials prescribed are the members of All India Services serving in connection with the affairs of the Union and Group ‘A’ Officers of the Central Government which would include the Secretaries to the Government of India. Further, the notifications issued by the DoPT under clause (b) of sub-section (2) of Section (8) of the CVC Act, 2003 dated 18.03.2004 and 12.09.2007 prescribing categories/levels of officers in PSUs /Banks etc. includes the Chief Executives and Functional Directors of the Public Sector Enterprises and CMDs and Functional Directors of the Public Sector Banks and Financial Institutions.
4. The Commission would, therefore, make it clear that all complaints referred by the Commission to the Ministries/Departments against the above categories of officials are to be dealt/inquired into and reports submitted to the Commission by the respective authorities to whom the complaints are sent by the Commission and such complaints should not be forwarded or referred to the Group of Secretaries or Group of Officers for consideration. All Ministries/Departments of the Government of India my ensure compliance in this regard.
(J Vinod Kumar)
Officer on Special Duty
Central Vigilance Commission
CIRCULAR NO 03/03/11,
Dated: March 11, 2011
Subject:- Expeditious disposal of cases involving public servants due to retire shortly.
Attention is invited on Commission’s circular of even No dated 27.09.2007 wherein all Ministries/ Departments/ Organisations were impressed on the need for expeditious completion of disciplinary proceedings/ action, particularly against officials likely to retire. Commission has of late, observed that some Departments/ Organisations have a marked tendency to refer the vigilance cases to the Commission seeking its advice at the last moment and sometimes even a few days before retirement of officers.
2. The Commission has taken a serious note of such lax attitude on the part of CVO’s/ DAs in making such references which leaves no option for the Commission, except to examine the case in a hurry. Such delayed references ultimately result in situations which either serve to the advantage of the suspect public servants/ charged officers (SPS/COs) or initiation of disciplinary proceeding at the fag end of service of an officer.
3. While reiterating its earlier instructions in this regard, the Commission emphasises that the vigilance functionaries as well as administrative authorities concerned should prioritise their activities of conducting investigation and disciplinary action so as to avoid such late references to the Commission. Undue delays on part of administrative authorities, in dealing with vigilance matters/ disciplinary cases, will henceforth be viewed seriously by the Commission and it would be constrained to take an adverse view of CVOs/Administrative authorities for such avoidable delays.
4. All CVOs/Administrative Authorities should ensure strict compliance to the above instructions.
(J Vinod Kumar)
Officer on Special Duty