VIGILANCE MANUAL

1 IVIGILANCE MANUALVOLUME ICENTRAL VIGILANCE COMMISSIONii First Edition -1968 Second Edition -1971 Third Edition -1974 Fourth Edition -1982 Fifth Edition -1991 Sixth Edition -2005iiiF O R E W O R DThe VIGILANCE MANUAL brought out by the Central VIGILANCE Commission has beenfound to be extremely useful by all who are involved in various areas of vigilanceadministration. The MANUAL is updated by the Commission from time to time to take onboard revisions and modifications to the rules effected from time to current revised edition has been meticulously compiled by Shri Ahuja whohas been associated with the preparation of the MANUAL in the earlier editions also.

2 TheCommission places on record its gratitude for the excellent work done by Shri has always been underlined by the Commission, the MANUAL is only a readyreference book for use by all the officers involved in VIGILANCE administration. It cannot andshould not be a substitute for reference to the concerned rules and orders issued by thegovernment. The Commission welcomes any suggestion to make the volume better from thepoint of view of users and will be grateful if any error or omission which might haveinadvertently crept in is brought to the Commission s notice.

3 (P. Shankar)Central VIGILANCE CommissionerNew Delhi12th January 2005ivABBREVIATION ACRA nnual Confidential ReportAG (AFHQ)Adjudicent GeneralCBIC entral Bureau of InvestigationCDIC ommissioner for Departmental InquiriesCVCC entral VIGILANCE CommissionCVOC hief VIGILANCE OfficerDOPTD epartment of Personnel and TrainingDSPED elhi Special Police EstablishmentGEQDG overnment Examiners of Questioned DocumentsJPCJ oint Parliamentary CommitteePSBP ublic Sector BankPSEP ublic Sector EnterprisePSUP ublic Sector UndertakingQPRQ uarterly Progress ReportVCVigilance CommissionervTABLE OF CONTENTSVOLUME ICHAPTER I - Organisaton Page VIGILANCE VIGILANCE VIGILANCE Officer s Bureau of of VIGILANCE Angle in Banking Sector11-12

4 CHAPTER II - CVO - Appointment, Role and for appointment of CVO13-153 Tenure of term arrangement in the post of of CVOs with sensitive absorption of CVOs in of the CVOs and functions of and Detection2212 Organising review of reports and of Select organisations23-25 CHAPTER III - of received from subordinate action of complaints received by Ministries/Departments etc of of received in the on Anonymous/Pseudonymous of voluntary public orgns., press and responsiblecitizens in combating Resolution on Public Interest Disclosure and Protection ofInformer30-31viCHAPTER IV - Preliminary for conducting to refer the matter to investigation by departmental VIGILANCE agency and inquiry/investigation by departmental of report by departmental investigating competent to take a view on by Central Bureau of of copies of FIR/PE registration reports toadministrative of cases against officers of decision making levels3810 Technical assistance from CTE assistance in investigation of cases pertaining toRailways and of reports by the

5 Completion of investigations by the CVOs and against officers on of cases entrusted to the pending against person making false of immunity/pardon to approvers43-44 CHAPTER V - Facilities and Co-operation to be extended by Administrative Authorityto the CBI during investigation of Co-operation to be of record by of classified/graded documents from audit of disputed documents by assistance during of employees on CBI s in laying to be taken when a bribe is offered to a public of transport over of defence personnel etc. to civil of a public liaison between the SPE and the Administrative authority54 CHAPTER- VI - competent to place a public servant under a Govt.

6 Servant may be of suspension/deemed during of order of against the order of of appeal by the appellate of order of of suspension investigation into cases in which an officer is of resignation/notice for voluntary retirement of an officer under of leave while under of attendance by a suspended employee721 CHAPTER IANTI- corruption AGENCIES IN CENTRAL GOVERNMENT-ROLE measures of the Central Government are aresponsibility of (i) Administrative VIGILANCE Division [AVD] in theDepartment of Personnel & Training; (ii) Central Bureau ofInvestigation; (iii) VIGILANCE units in the Ministries/Departments ofGovernment of India, Central Public Enterprises and otherautonomous organisations [hereinafter referred to as Department];(iv) the disciplinary authorities; and (v) the Central VigilanceCommission [hereinafter referred to as the Commission].

7 The AVDis concerned with the rules and regulations regarding VIGILANCE inpublic services. The SPE wing of the CBI investigates casesinvolving commission of offences under the prevention ofCorruption Act, 1988 [hereinafter referred to as PC Act] against thepublic servants and other misconducts allegedly committed by thepublic servants having VIGILANCE overtones. The disciplinaryauthority has the over-all responsibility of looking into themisconducts alleged against, or committed by, the public servantswithin its control and to take appropriate punitive action.

8 It is alsorequired to take appropriate preventive measures so as to preventcommission of misconducts/malpractices by the employees under itscontrol and jurisdiction. The Chief VIGILANCE Officer [CVO] acts asa Special Assistant/Advisor to the Head of the concernedDepartment in the discharge of these functions. He also acts as aliaison officer between the Department and the CVC as alsobetween the Department and the CBI. The Central VigilanceCommission acts as the apex organisation for exercising generalsuperintendence and control over VIGILANCE matters in administrationand probity in public Administrative VIGILANCE Division was set up in theMinistry of Home Affairs, in August 1955, to serve as a centralagency to assume overall responsibility for anti-corruptionmeasures.

9 With the establishment of the Central VigilanceCommission, a good part of the functions performed by theAdministrative VIGILANCE Division are now exercised by the CentralVigilance Commission. The Administrative VIGILANCE Division isnow responsible for the formulation and implementation of policiesof the Central Government in the field of VIGILANCE , integrity inpublic services, and anti- corruption and to provide guidance and co-ordination to Ministries/Department of Government of India inmatters requiring decisions of pursuance of the recommendations made by theCommittee on prevention of corruption [popularly known asSanthanam Committee]

10 , the Central VIGILANCE Commission was setup by the Government of India by a Resolution, dated upon the judgement of the Hon ble Supreme Court inVineet Narain vs. Union of India [CWP 340-343 of 1993], theCommission was accorded statutory status with effect through "The Central VIGILANCE Commission Ordinance,1998. Subsequently, the CVC Bill was passed by both Houses ofParliament in 2003 and the President gave its assent on 11thSeptember 2003. Thus, the Central VIGILANCE Commission Act,2003 ( of 2003) came into effect from that :In terms of the provisions made in the CVC sAct, the Commission shall consist of a Central VigilanceCommissioner [Chairperson] and not more than two VigilanceCommissioners [Members].