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NO.8(1)(H)98(1)
CENTRAL VIGILANCE COMMISSION
Jaisalmer House, Singh Road,
New Delhi-110 011
Dated the 18th November 1998
Sub: Improving Vigilance Administration
The Central
Vigilance Commission ordinance 1998. Under Section 8(1)(h) directs
that and functions of the CVC will be the following:
"exercise superintendence
over the Vigilance administration of the various Ministry of the Central
Government or corporations established by or under any Central
Act, Government Companies, societies and local authorities owned or
controlled that Government".
Improving Vigilance administration is
possible only if system improvements are made to prevent the possibilities
of corruption and also encourage a culture of honest. In exercise of
the powers conferred on the CVC by Section 8(1)(h), the following
instructions are issued for compliance.
Creating a Cultural of Honesty:-
Many organisations have a reputation for
corruption. The junior employees and officers who join the
organisations hopefully may not be so corruption minded as those who have
already been part of the corrupt system. In order to ensure that a
culture of honesty is encouraged and the junior officers do not also
adopt the corrupt practices, it is decided with immediate effects that
junior employees who initiate any proposal relating to Vigilance
matters which is likely to results in a reference to the CVC can send a
copy directly to the CVC by name. This copy will be kept in the
office of the CVC and data fed into the computer. If within a reasonable
time of say three to six months, the reference does not come to the CVC,
the CVC then can verify with the concerned authorities in the department
as to what happened to the Vigilance case initiated by the junior
employees, If there is an attempt to protect the corrupt or dilute
the charges, this will also become visible. Above all the junior
officers will not have excuse that they have to fall in line in line with
the corrupt seniors . Incidentally, the senior officers also cannot
treat the references made directly to the CVC as an act if
indiscipline because the junior officers will be complying with the
instructions issued under Section 8(!)(h) of the CVC Oridinance
1998. However, if a junior officer makes a false or false or
frivolous complaint it will be viewed adversely.
Greater transparency in administration:-
One major source of corruption arises
because of lack of transparency. There is a scope for patronage and
corruption especially in matters relating to tenders cases where exercise
of discretion relating to out of turn concernment of
facilities/privileges and so on. Each Organisation may
identify such items, which provide scope for corruption and where
greater transparency would be useful.
There is a necessity a maintain secrecy even in
matters where discretion has to be exercised. But once the
discretion has been exercised or as in matters of tenders. One the
tender has been finialised, there is no need for the secretary. A
practice, therefore must be adopted with immediate effects by all
organisation's regular publications the details of the all
such case regarding tenders or out of turn allotment or discretion
exercised in favour of an employee/party. The very
process of publication of this information will provided an automatic
check for corruption induced decisions or undue favours which go against
the principal of health vigilance administration.
The CVC will in course of time take up each
organisations and review to see whether any additions and alteration have
to be made to the list of items which the organsiations identified in the
first instance for the monthly communications for publicity in the
interest of greater transparency. This may be implemented with
immediate effect.
Speedy department inquiries:-
One major source of corruption is that guilty are
not punished adequately and more important they are not punished
promptly. This is because of the prolonged in the departmental
inquiry being delayed is that the inquiry officers have already got their
regular burden of work and this inquiry is to be done addition to
their normal work. The same is true for the Presenting
Officers also.
Each organsiation, therefore may immediately
review all the pending cases and the Disciplinary Authority may appoint
inquiry officers from among retired honesty employees for conducting the
inquiries. he names of these officers may be got cleared by
the CVC. The CVC will also separately issue an advertisement and
start building a panel of names all over India who can supplement the
inquiry officers work in the department. In fact, it will be a
healthy practice to have all the inquiries to be done only through such
retired employees because it can then be ensure that the
departmental inquires can be completed in time. If any
service/departmental rules are in conflict with the above instructions
they must be modified with immediate effects.
In order to ensure that the departmental
inquiries are completed in time following time limits are prescribed:
In all case which are presently pending for
appointment of inquiry Officers and Presenting Officers, such appointment
should be made within one month. In all other case the inquiry
Officers and the Presenting Officers should be, appointed, wherever
necessary, immediately after receipt of the public servant's written
statement of defence denying the changes.
The Oral inquiry, including the submission of the
officer's report, should be completed within a period of 6 months from the
date of appointment of the inquiry Officer. In the preliminary
inquiry in the beginning required the first appearance of the
charged officers and the presenting officers, the inquiry officers should
lay down a definite time-bound programme for inspection of the
listed documents, submission of the lists of defence documents
before the regular hearing is taken up. The regular hearing, one
started, should be conduced on day-to-day until completed and adjournment
should not be granted on frivolous grounds.
One of the causes for delay is repeated
adjournment. Not more than two adjournments should be given any case
so that the time limit of six months for departmental inquiry
can be observed.
The LO/PO, DA and the CVC will be accountable for
the strict compliance of the instructions in every case.
Tenders:-
Tenders are generally a major source of
corruption. In order to avoid corruption, a more transparent and
effective system must be introduced. As post tender negotiations are
the main sources of corruption, post tender negotiations are the main
source of corruption, post tender negotiations are banned with immediate
effect except in the case of negotiations with LI (i.e Lowest
tenderer).
Hindi Version will Follow
(N. VITTAL)
CENTRAL VIGILANCE COMMISSIONER.
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