ANTI CORRUPTION MEASURES - PART 2
Commissioners for Departmental Inquiries: The CDIs function as Inquiry Officers to conduct or alinquiries in departmental proceedings initiated against public servants.
Functions:
1. inquire or cause an inquiry or investigation to be conducted on a reference made by the Central government wherein it is alleged that a public servant being an employee of the Central government or its authorities, has committed an offence under the Prevention of Corruption Act, 1988.
2. Inquire or cause an inquiry or investigation to be conducted into any complaint against any official belonging to the below mentioned category of officials wherein it is alleged that he has committed an offence under the Prevention of Corruption Act, 1988:
(a) Members of all-India services serving in the Union and Group ‗A‘ officers of the Central government; and
(b) Specified level of officers of the authorities of the Central government.
3. Exercise superintendence over the functioning of Delhi Special Police Establishment (which is a part of Central Bureau of Investigation) in so far as it relates to the investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988.
4. The Delhi Special Police Establishment is required to obtain the prior approval of the Central government before conducting any inquiry or investigation into an offence committed by officers of the rank of joint secretary and above in the Central government and its authorities.
5. Give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under the Delhi Special Police Establishment Act, 1946.
6. Review the progress of investigations conducted by the Delhi Special Police Establishment into offences alleged to have been committed under the prevention of Corruption Act, 1988.
7. Review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act,1988.
8. Tender advise to the Central government and its authorities on such matters as are referred to it by them.
9. Exercise superintendence over the vigilance administration in the ministries of the Central government or its authorities.
10. To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informers‘ Resolution and recommend appropriate action.
11. The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All-India Services.
12. The Central Vigilance Commissioner is also the Chairperson of the two Committees, on whose recommendations the Central Government appoints the Director of the Delhi Special Police Establishment and the Director of Enforcement.
13. The Committee concerned with the appointment of the Director of CBI is also empowered to recommend, after consultation with the Director (CBI), appointment of officers to the posts of the level of SP and above in DSPE.
• The Committee concerned with the appointment of the Director of Enforcement is also empowered to recommend, after consultation with the Director of Enforcement, appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement.
Jurisdiction:
1. Members of All India Services serving in connection with the affairs of the Union and Group A officers of the Central Government.
2. Officers of the rank of Scale V and above in the Public Sector Banks.
3. Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
4. Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A‘ and ‘B‘ Public Sector Undertakings.
5. Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C‘ and ‘D‘ Public Sector Undertakings.
6. Managers and above in General Insurance Companies.
7. Senior Divisional Managers and above in Life Insurance Corporation.
8. Officers drawing salary of `8700/- p.m. and above on Central Government D.A. pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.
Working:
• Conducts its proceedings at its headquarters (New Delhi).
• Vested with the power to regulate its own procedure.
• Has all the powers of a civil court and its proceedings have a judicial character.
• Call for information or report from the Central government or its authorities so as to enable it to exercise general supervision over the vigilance and anti-corruption work in them.
• On receipt of the report of the inquiry undertaken by any agency on a reference made by it, advises the Central government or its authorities as to the further course of action.
• The Central government or its authorities shall consider the advice of the CVC and take appropriate action.
• Where the Central government or any of its authorities does not agree with the advice of the CVC, it shall communicate the reasons (to be recorded in writing) to the CVC.
• Has to present annually to the President a report on its performance.
• The President places this report before each House of Parliament.
• All ministries/departments in the Union Government have a Chief Vigilance Officer (CVO) who heads the Vigilance Division of the organisation concerned, assisting and advising the Secretary or Head of Office in all matters pertaining to vigilance.
• Provides a link between his organisation and the Central Vigilance Commission on the one hand and his organisation and the Central Bureau of Investigation on the other.
• Vigilance functions performed by the CVO include
a. Collecting intelligence about corrupt practices of the employees of his organisation
b. Investigating verifiable allegations reported to him
c. Processing investigation reports for further consideration of the disciplinary authority concerned Referring matters to the Central Vigilance Commission for advice wherever necessary.
Important Facts to Remember:
1. CVC Established in - Feb 1964
2. Recommended by - K Santhanam Committee on prevention of Corruption
3. Composition
a. Chairman
b. 2 Vigilance Commissioners
4. Chariman and commissioners are Appointed by :The president
5. Chariman and commissioners are recommended by a 3 member committee consisting of
a. Prime Minister (Head)
b. Union Minister of Home Affairs
c. Leader of Opposition in the Lok Sabha
6. Tenure : Four Years or 65 Years of Age.
7. Not eligible for further employment under state or Central Government after retirement.
8. Head Quarters: New Delhi
9. It has powers equal to that of a civil court while inquiring.
Functions:
1. inquire or cause an inquiry or investigation to be conducted on a reference made by the Central government wherein it is alleged that a public servant being an employee of the Central government or its authorities, has committed an offence under the Prevention of Corruption Act, 1988.
2. Inquire or cause an inquiry or investigation to be conducted into any complaint against any official belonging to the below mentioned category of officials wherein it is alleged that he has committed an offence under the Prevention of Corruption Act, 1988:
(a) Members of all-India services serving in the Union and Group ‗A‘ officers of the Central government; and
(b) Specified level of officers of the authorities of the Central government.
3. Exercise superintendence over the functioning of Delhi Special Police Establishment (which is a part of Central Bureau of Investigation) in so far as it relates to the investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988.
4. The Delhi Special Police Establishment is required to obtain the prior approval of the Central government before conducting any inquiry or investigation into an offence committed by officers of the rank of joint secretary and above in the Central government and its authorities.
5. Give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under the Delhi Special Police Establishment Act, 1946.
6. Review the progress of investigations conducted by the Delhi Special Police Establishment into offences alleged to have been committed under the prevention of Corruption Act, 1988.
7. Review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act,1988.
8. Tender advise to the Central government and its authorities on such matters as are referred to it by them.
9. Exercise superintendence over the vigilance administration in the ministries of the Central government or its authorities.
10. To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informers‘ Resolution and recommend appropriate action.
11. The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All-India Services.
12. The Central Vigilance Commissioner is also the Chairperson of the two Committees, on whose recommendations the Central Government appoints the Director of the Delhi Special Police Establishment and the Director of Enforcement.
13. The Committee concerned with the appointment of the Director of CBI is also empowered to recommend, after consultation with the Director (CBI), appointment of officers to the posts of the level of SP and above in DSPE.
• The Committee concerned with the appointment of the Director of Enforcement is also empowered to recommend, after consultation with the Director of Enforcement, appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement.
Jurisdiction:
1. Members of All India Services serving in connection with the affairs of the Union and Group A officers of the Central Government.
2. Officers of the rank of Scale V and above in the Public Sector Banks.
3. Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
4. Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A‘ and ‘B‘ Public Sector Undertakings.
5. Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C‘ and ‘D‘ Public Sector Undertakings.
6. Managers and above in General Insurance Companies.
7. Senior Divisional Managers and above in Life Insurance Corporation.
8. Officers drawing salary of `8700/- p.m. and above on Central Government D.A. pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.
Working:
• Conducts its proceedings at its headquarters (New Delhi).
• Vested with the power to regulate its own procedure.
• Has all the powers of a civil court and its proceedings have a judicial character.
• Call for information or report from the Central government or its authorities so as to enable it to exercise general supervision over the vigilance and anti-corruption work in them.
• On receipt of the report of the inquiry undertaken by any agency on a reference made by it, advises the Central government or its authorities as to the further course of action.
• The Central government or its authorities shall consider the advice of the CVC and take appropriate action.
• Where the Central government or any of its authorities does not agree with the advice of the CVC, it shall communicate the reasons (to be recorded in writing) to the CVC.
• Has to present annually to the President a report on its performance.
• The President places this report before each House of Parliament.
• All ministries/departments in the Union Government have a Chief Vigilance Officer (CVO) who heads the Vigilance Division of the organisation concerned, assisting and advising the Secretary or Head of Office in all matters pertaining to vigilance.
• Provides a link between his organisation and the Central Vigilance Commission on the one hand and his organisation and the Central Bureau of Investigation on the other.
• Vigilance functions performed by the CVO include
a. Collecting intelligence about corrupt practices of the employees of his organisation
b. Investigating verifiable allegations reported to him
c. Processing investigation reports for further consideration of the disciplinary authority concerned Referring matters to the Central Vigilance Commission for advice wherever necessary.
Important Facts to Remember:
1. CVC Established in - Feb 1964
2. Recommended by - K Santhanam Committee on prevention of Corruption
3. Composition
a. Chairman
b. 2 Vigilance Commissioners
4. Chariman and commissioners are Appointed by :The president
5. Chariman and commissioners are recommended by a 3 member committee consisting of
a. Prime Minister (Head)
b. Union Minister of Home Affairs
c. Leader of Opposition in the Lok Sabha
6. Tenure : Four Years or 65 Years of Age.
7. Not eligible for further employment under state or Central Government after retirement.
8. Head Quarters: New Delhi
9. It has powers equal to that of a civil court while inquiring.
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