19 September 2009

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India - Know about CVC, Central Vigilance Commission –

India - Know about CVC, Central Vigilance Commission –

First time CVC has publicized all the 123 government officials who are involved in corruption on there website.

CVC stated on its official website that, “In furtherance of the transparency initiatives and the spirit of the RTI Act 2005, the Central Vigilance Commission has decided to regularly post info / details of cases pending for sanctions for prosecution over four months with organizations / departments.
Cases where the Commission has advised issuance of sanction for prosecution during the month and Cases where Commission had advised imposition of suitable major penalty during the month.”



The Central Vigilance Commission was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, 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.
The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which lead to corruption in various Departments/Organizations, system improvements, various preventive measures and cases in which the Commission's advises were ignored etc.

The CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the Departmental Chief Vigilance Officers.

CVC is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.

The Commission is consist of:

• a Central Vigilance Commissioner - Chairperson;
• not more than two Vigilance Commissioners - Members;
Vide GOI Resolution on “Public Interest Disclosure and Protection of Informer” dated April 2004, the Government of India has authorized the Central Vigilance Commission as the “Designated Agency” to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action.

The designated agency will ascertain the identity of the complainant; if the complainant is anonymous, it shall not take any action in the matter.

The identity of the complainant will not be revealed unless the complainant himself has made either the details of the complaint public or disclosed his identity to any other office or authority.

While calling for further report/investigation, the Commission shall not disclose the identity of the informant and also shall request the concerned head of the organization to keep the identity of the informant a secret, if for any reason the head comes to know the identity.

The Commission shall be authorized to call upon the CBI or the police authorities, as considered necessary, to render all assistance to complete the investigation pursuant to the complaint received.

The Commission shall not entertain or inquire into any disclosure in respect of
which a formal and public inquiry has been ordered under the Public Servants
Inquiries Act, 1850.

Commission’s Jurisdiction under CVC Act

1. Members of All India Service 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 Corporations

8. Officers drawing salary of Rs.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

Procedure for lodging complaints with the Commission –
Complaint can be lodged only against officials belonging to the
Organizations over which CVC has jurisdiction namely:-

1. Central Govt. Ministries/Departments

2. Central Govt. Public Sector Undertakings

3. Nationalized Banks

4. Autonomous organizations like Port Trusts

5. Centrally administered territories including Delhi, Chandigarh, Daman and Diu, Pondicherry etc.

6. The Commission has no jurisdiction over private individuals and State Governments. Therefore please do not lodge complaints against officials of these organizations to the Commission.

7. The Commission does not entertain anonymous/pseudonymous complaints so please give your proper name and address.

8. Complaints must be brief and contain factual details, verifiable facts and related matters. They should not be vague or contain absurd allegations and sweeping statements since these are liable to be filed.

9. Please ensure that the complaint is addressed directly to the Commission

10. The complaint will generally be acknowledged by the Commission but it

11. Is not possible to keep the complainant up dated with the status of the case. However the complaints are followed by the Commission to its logical conclusion.

12. Public lodging complaints are also advised not to continue corresponding on the same subject after receiving the acknowledgement from the Commission.

Central Vigilance Commission that is CVC is the apex body for all vigilance cases in Government of India
The CVC is a toothless body. CVC is just advisory body.
CVC does not have powers to register criminal case.
It deals only with vigilance or disciplinary matters
It does not have powers over politicians.

If there is an involvement of a politician in any case, CVC could at best bring it to the notice of the Government.
It neither has resources nor powers to investigate and prosecute.
CVC does not have the powers to take any action against the guilty.
It can only make recommendations.

CVC is an independent body but does not have powers to take any action.
It is merely an advisory body. Plus, it does not have jurisdiction over politicians.

CVC forwards a complaint to a department and then keeps sending reminders to them to enquire and send report.

Many a times, the departments just do not comply.
CVC does not have any really effective powers over them to seek compliance of its orders.

CVC Act gives supervisory powers to CVC over CBI.
However, these supervisory powers have remained ineffective.

CVC does not have the power to call for any file from CBI or to direct them to
do any case in a particular manner.
Besides, CBI is under administrative control of DOPT rather than CVC.

CVC does not have jurisdiction over politicians. And it merely forwards the complaints against bureaucrats to respective department heads to investigate and report back.

So, if the head of the department himself is involved, who would investigate such cases? Such serious flaws render the proposed whistleblower protection bill to be showpiece legislation.

CVC is a very small set up with staff strength less than 200.
It is supposed to check Corruption in more than 1500 central government departments and ministries, some of them being As big as Central Excise, Railways, and Income Tax etc. Therefore, it has to depend on the vigilance wings

Of respective departments and forwards most of the complaints for inquiry and report to them.

While it monitors the progress of these complaints, there is delay and the complainants are often disturbed by this.
It directly enquires into a few complaints on its own, especially when it suspects
motivated delays or where senior officials could be implicated. But given the constraints of Manpower, such number is really small.

Central Government Departments seek CVC’s advice on various corruption cases. However, they are free to accept or reject CVC’s advice.

Even in those cases, which are directly enquired into by the CVC, it can only advise government.
CVC mentions these cases of non-acceptance in its monthly reports and the Annual Report to Parliament.
But these are not much in focus in Parliamentary debates or by the media.
whenever CVC advised major penalty, it was reduced to minor penalty.
Therefore, CVC can hardly be treated as an effective deterrent against corruption.

CVC cannot direct CBI to initiate enquiries against any officer of the level of Joint Secretary and above on its own.
The CBI has to seek the permission of that department, which obviously would
not be granted if the senior officers of that department are involved and they could delay the case or see to it that permission would not be granted.


Phone Numbers to Register complaints

Toll Free No:
1800-11-0180
(for BSNL,MTNL & TTSL users throughout India and all operators in Delhi)

Helpline No:
011-24651000


Following is the link to lodge the complaint
http://cvc.nic.in/lodgecomp.htm


Below is the CVC Logo


7 comments:

BK Chowla, September 19, 2009  

I read this report and one TV channels made a passing reference to this report.Let the state,if it wants to,do anything they like.
But,my question is to the media...what are you all waiting for?You pick some of the most un-important topics and try and create a public opinion?What is holding you to expose those in the list?How about being more responsible this time ?

sm,  September 19, 2009  

BK
Cattle class should be ignored and this corruption should be the topic, but i read somewhere 100% print,audio and video media is controlled by politicians.

Indian Home Maker September 20, 2009  

RTI Act is one powerful tool to control corruption.

sm,  September 21, 2009  

IHM,
yes RTI act is the very powerfultool, but news is that politicians are trying to introduce such amendments to this law that this RTI law will become useless in the future.

Insignia September 21, 2009  

Well, this news never made any prominent headlines on newspapers or on TV. When Rakhi Sawant's Swayamwar can make headlines and breaking news, why not these??

Media is so irresponsible.

sm,  September 21, 2009  

Insignia,
yes i agree with you.

Unknown September 09, 2012  

who is the president of cvc?