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PROCESSING OF VIGILANCE CASES IN RAILWAY BOARD
· 2004-04-16
Circularstaff-establishment
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| Date | 2004-04-16 |
|---|---|
| Type | VCRC archived Railway commercial circular / manual |
| Topic | staff-establishment |
| Archive source | vcrc.in |
Summary
The case will be referred to the Commission for advice
Text of the circular
42 CHAPTER V PROCESSING OF VIGILANCE CASES IN RAILWAY BOARD 501. This chapter deals with the processing and disposal of reports and gives an over view of the stages through which a report is processed. 502. In cases where allegations were investigated against non gazetted officials, at the behest of Board, the final disposal of the report vis-à-vis action to be initiated or closure will be at the level of the concerned Executive Director. Where, however, the case is dealt by a Joint Director or Director who reports directly to Additional Member Vigilance, the final decision on such cases will be taken by Additional Member (Vigilance). 503. The level of initial examination, channel of submission and level of final disposal of reports in respect of gazetted officers dealt with in Board’s office is as under:- Nature of case Channel of submission Level of final disposal 1. Cases against Gr.B DDV/JDV/DV & Addl.Member (Vig.) Officers where GM’s EDV views are acceptable or a more lenient view is taken. 2. Cases against Gr.B DDV/JDV/DV, EDV & Concerned Board Officers where GM’s Addl. Member (Vig.) Member views are not acceptable and a more serious view is taken. 3. Cases against gazetted DDV/JDV/DV & Addl. Member Officers found fit for EDV (Vig.) closure. 4. Cases involving Gr.A DDV/JDV/EDV Concerned Board officers where action and Addl. Member Member has been proposed. (Vig.) The above channels of submission are equally applicable in the case of investigations/checks conducted by the Board’s Vigilance. 504. After the report is considered as per the above channel of submission and a course of action has been decided upon, the case is required to be referred to the Central 43 Vigilance Commission for its first stage advice. The following are the exceptions to this provision, and in these cases the case need not be referred to the CVC for advice - (a) Preventive check cases where no irregularity has been observed and no action is recommended against any Group ‘A’ officer. (b) Cases where the highest level of officer against whom action is recommended is Asstt. Scale Group ‘B’ and there is no difference of opinion between DA & CVO 505. Hitherto, all cases of Gazetted Officers were required to be referred to the CVC for advice. However, considering their own workload, the CVC, in their letter No.98/VGL/15 dated 16.4.2004 (office order No.26/4/04) delegated the powers for decision in regard to Group B officers to the CVOs of various Ministries/Departments. The salient features of the Commission’s Office order, circulated under Board’s letter No. 2004/V-I/CVC/1/11 dated 13-5-2004 are as follows:- (a) Only cases of officers of the level of Group A and above of the Central Government and Members of the All India Services in connection with the affairs of the Union may be referred to the CVC for advice. (b) CVC’s advice would, however, be necessary in respect of all officers, irrespective of their level, if they are involved in the same matter in which an officer of the level of Group A or above is involved. (c) CVC’s advice would also be necessary in cases of difference of opinion between the disciplinary authority and the CVO with regard to the action to be taken against officers who are not within the jurisdiction of the Commission, if these differences cannot be resolved with the intervention of the Secretary of the Ministry or Heads of Department. (d) In cases of officers below Group A, in which the Commission has tendered its first stage advice before the issue of these instructions, the matter need not be referred to it for second stage advice if, on conclusion of disciplinary proceedings, the disciplinary authority proposes to impose a penalty which coincides with CVC’s first stage advice, provided none of the officers involved is an officer of the All India Services or a Group A officer. The case may, however, be referred to the CVC if the disciplinary authority proposes to take action which
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