CENTRAL VIGILANCE COMMISSION -CVC

 

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption, monitoring all vigilance under the central government, and advising various authorities in central government organization in planning, executing, reviewing their vigilance work. It has the status of an autonomous body.

It was set up by the Government of India in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance. Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.

Vigilance means to ensure clean and prompt administrative action towards achieving efficiency and effectiveness of the employees in particular and the organization in general, as lack of Vigilance leans to waste, losses and economic decline.

The CVC is not controlled by any Ministry/Department. It is an independent body which is only responsible to the Parliament.

 

History

·        The Special Police Establishment (SPE) which was set up in 1941 by the Government of India.

·        The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Department of India during World War II.

·        Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt.

·        The Delhi Special Police Establishment Act was therefore brought into force in 1946.

·        After promulgation of the Act, superintendence of SPE was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India.

·        The jurisdiction of SPE was extended to all the Union territories and the Act provided for its extension to States with the consent of the State Government.

·        By 1963, the SPE was authorised to investigate offences under 91 different sections of Indian Penal Code (IPC) and 16 other Central Acts besides offences under the Prevention of Corruption Act 1947.

·        A growing need was felt for a Central Police Agency at disposal of the Central Government which could investigate not only cases of bribery and corruption, but also:

o   violation of Central fiscal laws,

o   major frauds relating to Government of India departments,

o   public joint stock companies,

o   passport frauds,

o   crimes on the high seas,

o   crimes on the Airlines,

o   and serious crimes committed by organised gangs and professional criminals.

·        On the recommendations of the Santhanam Committee on Prevention of Corruption, Central Bureau of Investigation (CBI) was established by a resolution of the Ministry of Home Affairs on April 1, 1963.

·        In 1964, the Central Vigilance Commission (CVC) was set up by the Government on the recommendations of Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance.

·        The Supreme Court in the judgement of Vineet Narain & Others vs. Union of India (1997), gave directions regarding the superior role of CVC.

·        In this case the role of the Central Bureau of Investigation was criticised and the court directed that CVC should be given a supervisory role over CBI.

·        The Government promulgated an Ordinance in 1998, conferring statutory status to the CVC and the powers to exercise superintendence over functioning of the Delhi Special Police Establishment (CBI), and also to review the progress of the investigations pertaining to:

·        The Commission was given statutory status by the enactment of “The Central Vigilance Commission Act, 2003”.

·        After enactment of CVC Act, 2003, the Commission became a multi-member body consisting of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Members), to be appointed by the President.

·        The Supreme Court in a Writ Petition filed after the murder of Shri Satyendra Dubey in 2003, a whistle-blower, directed that a machinery be put in place for acting on complaints from whistle-blowers till a law is enacted.

·        In pursuance of that direction, the Government of India notified the Public Interest Disclosure and Protection of Informers Resolution (PIDPI), 2004:

·        This Resolution is popularly known as “Whistle Blowers” Resolution and it designated the Central Vigilance Commission as the agency to receive and act on complaints or disclosure on any allegation of corruption or misuse of office from whistle blowers.

·        The Commission has been entrusted with the responsibility of keeping the identity of the complainant secret while lodging a complaint under PIDPI Resolution, in order to provide protection to whistle blowers from victimisation.

·        The Public Interest Disclosure and Protection to Person Making the Disclosures (PIDPPMD) Bill 2010 renamed as “The Whistle Blowers’ Protection Bill, 2011” was enacted by the Central Government in Parliament as “The Whistle Blowers’ Protection Act, 2014”.

·        Through subsequent ordinances and legislations the Government has added to the functions and powers of the Commission.

·        In 2013, the Parliament enacted the Lokpal and Lokayuktas Act, 2013.

·        This act has amended CVC Act, 2003 whereby the Commission has been empowered to conduct preliminary inquiry and further investigation into complaints referred by the Lokpal.

·        Service conditions and appointment of Vigilance Commissioner

·        The Central Vigilance Commissioner is to be appointed by the President of India. He holds the office for 4 years. He can be removed or suspended from the office by the President on the ground of misbehavior but only after the Supreme Court has held an inquiry into his case and recommended action against him.

 

Functions

 

·        The Commission is mainly an advisory body. It mainly considers the complaints relating to corruption, misconduct, lack of integrity or some other kinds of malpractice or misdemeanor on the part of the public servants.

·        It cannot extend sanction for criminal prosecution for offences committed by public servants.

·        It has no machinery to investigate or inquire into complaints of corruption except to a limited extent.

·        The commission is not authorized to investigate the complaint itself, it has to refer them to the Central Bureau of Investigation or Ministry or Department for investigation.

·        The Commission advices as to the action to be taken in following cases:

(i) Reports of investigation by the Central Bureau of Investigation which involves departmental action or prosecution in the matter either referred to it by the commission or otherwise.

(ii) Reports of investigation by the Ministry or department involving the case of disciplinary action in the matters either referred by the Commission or otherwise.

(iii) Cases received direct from public sector undertakings and statutory corporations; etc.

·        The commission is required to submit an annual report to the ministry of Home Affairs, stating the cases in which its recommendation were accepted and acted upon by the competent authorities.

 

Governance

The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners' Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI).

For investigation work, CVC has to depend on two external sources CBI and Chief Vigilance Officers (CVO).

The Central Vigilance Commission

§  Multi-member Commission consists of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Member).

§  The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President on the recommendations of a Committee consisting of the Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the House of the People (Member).

§  The term of office of the Central Vigilance Commissioner and the Vigilance Commissioners is four years from the date on which they enter their office or till they attain the age of 65 years, whichever is earlier.

Secretariat

§  The Secretariat consists of a Secretary, four Additional Secretaries, thirty Directors/Deputy Secretaries (including two Officers on Special Duty), four Under Secretaries and office staff.

 

Chief Technical Examiners' Organisation (CTEO)

§  The Chief Technical Examiner's Organisation constitutes the technical wing of the Central Vigilance Commission and is manned by two Engineers of the rank of Chief Engineers (designated as Chief Technical Examiners) with supporting engineering staff. The main functions assigned to this organisation are:

o    Technical audit of construction works of Governmental organisations from a vigilance angle; Investigation of specific cases of complaints relating to construction works;

o    Extension of assistance to CBI in their investigations involving technical matters and for evaluation of properties in Delhi;

o    and Tendering of advice/assistance to the Commission and Chief Vigilance Officers in vigilance cases involving technical matters.

 

§  During the year 2017, CTEO undertook intensive examinations of 66 procurement cases, covering 52 organizations. Some of the organizations where intensive examinations were undertaken are:

o    Ministry of Road Transport & Highways (MoRT&H),

o    Central Public Works Department (CPWD),

o    All India Institute of Medical Sciences (AIIMS),

o    Employees’ State Insurance Corporation (ESIC),

o    Central University of Punjab, Airports Authority of India (AAI),

o    North Delhi Municipal Corporation (NDMC),

o    Oil and Natural Gas Corporation (ONGC),

o    Bank of Baroda (BoB)

 

Commissioners for Departmental Inquiries (CDIs)

§  There are fourteen posts of Commissioners for Departmental Inquiries (CDI) in the Commission, 11 in the rank of Director and 03 in the rank of Deputy Secretary.

§  The CDIs function as Inquiry Officers to conduct Oral inquiries in departmental proceeding initiated against public servants.

 

CVC Investigation by External Agencies

CVC has no investigation wing of its own as it depends on the CBI and the Chief Vigilance Officers (CVO) of central organizations, while CBI has its own investigation wing drawing its powers from Delhi Special Police Establishment Act.

 

Chief Vigilance Officers (CVO)

§  Vigilance administration in Departments/Organisations is headed by the Chief Vigilance Officers (CVO) and the Commission’s activities concerning inquiry or causing inquiry are supported by/carried out through the CVOs.

§  Complaints received in the Commission are scrutinised thoroughly and wherever specific and verifiable allegations of vigilance nature are noticed, the complaints are forwarded to the CVO/CBI to conduct inquiry/investigation into the matter and report to the Commission expeditiously.

§  CVOs in all Departments/organisations are appointed after prior consultation with the Commission.