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VIGILANCE: CVC Orders for Transfer/Posting of Vigilance Officers/Officials …

CVC Orders for Transfer/Posting of Vigilance Officers/Officials
Panel of Part-Time CVOs
Time limit and procedure for seeking reconsideration of CVC’s 1st Stage Advice
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CVC Orders for Transfer/Posting of Vigilance Officers/Officials

Panel of Part-Time CVOs

Time limit and procedure for seeking reconsideration of CVC’s 1st Stage Advice

– CVC Circular dated 01.09.2021 – Observance of Vigilance Awareness Week 2021
Annual Report 2020 of Central Vigilance Commission (As on CVC website-31.08.2021)
– CVC Circular dated 23.08.2021 – Submission of online Quarterly Reports by CVOs
See all CVC Orders/Circulars at CVC Circulars/Guidelines 

Guidelines regarding grant of ‘Vigilance Clearance’ to AIS officers

Jan 29, 2021
Comprehensive guidelines for grant of “Vigilance Clearance” to AIS officers were issued vide DoPT O.M. No.104/33/2005-AVD-I dated 29.10.2007. As per at para 3  of the O.M., in cases where complaints have been referred to the State Government and no substantive response has been received from the State Government within three  months  from  the  date  on  which  the  reference  was  made,  the  Cadre  Controlling Authority  may  provide  a  copy  of  the  complaint  to  the  officer  concerned  to  seek  his comments.  If the comments are found to be prima facie satisfactory by the Competent Authority, vigilance clearance shall be accorded.
The CVC, in para 2 of its O.M. dated 07.01.2021, has observed that it has come to the notice of the Commission that the guidelines in the said O.M. are not followed by the Competent Authority, due to which long pending complaints are shown against the officers while seeking Vigilance Clearance of the officer from the Commission. In some cases, the officers were not even aware that a complaint is pending against them.
In view of the above, the Commission has advised all the Cadre Controlling Authorities to strictly adhere to the guidelines at para 3 of the O.M. of DoPT dated 29.10.2007 before seeking vigilance clearance in respect of the individual officer from the Commission.
Copy of O.M. dated 07.01.2021 > CVC O.M. dated 07.01.2021-Guidelines regarding grant of ‘Vigilance Clearance’ to AIS Officers (reg. adherence to guidelines in para 3 in DoPT O.M. dated 29.10.2007)

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CVC advice dated 22.12.2020
CVC has advised examination of legal/court matters where the stay has been granted, in the light of the Supreme Court Judgement dated 28.03.2018

CVC Circular dated 22.12.2020 – Judgement dated 28.03.2018 in Criminal Appeal No.1375-1376 of 2013 passed by Supreme Court of India (reg. period of stay)

CVC have issued instructions regarding additional charge arrangements of CVOs of certain PSUs and appointment of Part-Time CVOs. See copy of the CVC’s O.M. dated 19.11.2020, below:-

CVC O.M. dated 19.11.2020-Addl. charge arrangements of CVOs of certain PSUs and appointment of Part-Time CVOs-reg.

‘Over 700 CBI investigations pending for more than a year’: Central Vigilance Commission

The apex vigilance body said a major share of complaints against public servants are vague, unverifiable and made to harass.
Hindustan Times
Sep 27, 2020
It was found that about 25 corruption investigations in CBI are pending beyond five years. Overall, total 1,239 investigations and enquiries were pending in CBI till December last year.
The Central Vigilance Commission (CVC) has claimed that the Central Bureau of Investigation (CBI) has been slow in investigating certain cases due to several reasons including work overload, delay in obtaining reply to the Letter Rogatories (LRs) sent to various countries seeking information, government departments not supplying relevant records and sanction to the agency, delay in obtaining forensic reports from laboratories, among other reasons.

Anonymous ComplaintDon’t Act On Anonymous Corruption Complaints, Directive to Government Departments

Anonymous complaints are those complaints which do not carry name and address of the complainant.
Sep 28, 2020 : Dtf.in
According to the Department of Personnel and Training’s O.M. dated 08.10.2018, no action is required to be taken on anonymous complaints, irrespective of the nature of the allegations and that such complaints need to be simply filed.
In this regard, the Central Vigilance Commission has issued further clarification as under:-

“The Commission has observed instances wherein some Departments/Organisations are taking cognizance of anonymous complaints,  despite strict guidelines issued by DoPT and the CVC. Such non-compliance/violation of guidelines by the concerned authorities would be viewed seriously.”

See copies of DoPT O.M. dated 08.10.2018 and the CVC Circular dated 24.09.2020 at CVC Circulars/Guidelines

Benefit of Doubt

38 years on, man accused of selling adulterated haldi is cleared by SC

Times of India
July 31, 2020
NEW DELHI: Nearly four decades after being accused selling adulterated haldi, the Supreme Court on Thursday acquitted a Haryana shopkeeper, setting aside the HC order convicting him under the Prevention of Food Adulteration Act. Read more … 
It has, inter alia, been held by Hon’ble Supreme Courtin the case of Prem Chand Vs. State of Haryana that “Although, the   sample   was   received   in   the   office   of   the   public   analyst   on 20.08.1982 and the report was finalized on 07.09.1982 after the delay of 18 days. There is no evidence that the samples were not tampered within the intervening period, therefore benefit of doubt accrues in favor of the accused. Moreover, the report of the public analyst   does   not   mention   that   the   sample   was   either   “insect infested” or was “unfit for human consumption”, in the absence of such   an   opinion,   the   prosecution   has   failed   to   establish   the requirements   of   Section   2   (1a)(f)   of   the   Act   (See  Delhi Administration.   v.   Sat   Sarup  Sharma,   1994  Supp (3) SCC 324). Moreover, no evidence has been adduced by the prosecution to prove the offence under Section 16 (1) of the Act either before the trial court or the High Court.” –  SC Judgment dated 30.07.2020 – Prem Chand Vs. State of Haryana

Amit Shah inaugurates I4C, launches National Cyber Crime Reporting Portal

Jan 10, 2020
New Delhi: Union Home Minister Amit Shah on Friday inaugurated the Indian Cyber Crime Coordination Centre (I4C) to fight cyber crimes and the National Cyber Crime Reporting Portal through which people can report cyber crimes online.The minister said that I4C is a 7 pronged scheme to fight cyber crime. …

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Adultery No Ground For Action Against Government Employees : High Court

The Rajasthan High Court gave this ruling recently on a writ petition filed by two police officers, a man and a woman, who were charged by the state government in 1999 for having illicit relations.
March 17, 2019
JAIPUR: The Rajasthan High Court has ruled that the state government cannot begin departmental proceedings against any government employee for being involved in an extramarital relationship.
The court gave this ruling recently on a writ petition filed by two police officers, a man and a woman, who were charged by the state government in 1999 for having illicit relations. …

Departmental Proceeding under the Payment of Gratuity Act >>> Court Judgements on Service Matters

Andhra Pradesh Bars CBI Officials From Entering State, Carrying Out Probe Without Informing Govt

In the absence of permission, the CBI cannot interfere with any case that takes place within the limits of AP any more. The state government cited lack of confidence in the CBI after its officials were accused in recent scams
Nov 16, 2018
A notification by the state government issued this week says the general consent accorded to by the state to Delhi Special Police Establishment stand withdrawn. The CBI has was constituted under the Delhi Special Police Establishment Act of 1946. …

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