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The broad features of complaint handling are as below

Circularstaff-establishment
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TypeVCRC archived Railway commercial circular / manual
Topicstaff-establishment
Archive sourcevcrc.in

Summary

Standard layout of speaking order for grant of “sanction for prosecution” and “sanction order” cases of Group ‘A’ officers, where GM has recommended action, the case is put up to

Text of the circular

11 CHAPTER II

CENTRAL VIGILANCE COMMISSION (CVC)

201.

Objectives of establishing CVC:

The Central Vigilance Commission (CVC) was established by the Government of India on 11th February 1964 as an apex body for exercising general superintendence and control over Vigilance Administration. It was set up on the recommendations of the Committee on Prevention of Corruption, popularly known as the Santhanam Committee. Its establishment was considered essential for evolving and applying common standards in deciding cases involving lack of probity and integrity in Administration. It has been conceived as 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.

202.

Statutory status to CVC under CVC Act 2003:

202.1 As a result of the directions given by Supreme Court, in a public interest Writ Petition, to confer statutory status to the CVC, the Government of India promulgated an ordinance in 1998. This Ordinance gave CVC the powers to superintend functioning of the Delhi Special Police Establishment and review the progress of their investigations concerning alleged offences under the Prevention of Corruption Act, 1988. The Government introduced the CVC Bill 1998 in the Lok Sabha to replace the Ordinance.

However, the Bill could not be passed and it was notified, under the Government’s Resolution dated 4.4.99, that the CVC would continue to discharge its functions. The Bill was reintroduced in 1999. Ultimately, the CVC Act came into being in September 2003.

202.2 The CVC Act 2003 provides for constitution of the Central Vigilance Commission, to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act 1988, by certain categories of public servants of the Central Government, Corporations established by or under any Central Act, Government Companies, Societies and Local authorities owned or controlled by the Central Government and for matters connected therewith or incidental thereto.

203.

Powers & functions of CVC:

The CVC has the following functions & powers:

1.

To inquire or cause an inquiry or investigation to be made into any transaction in which a public servant working in any Organization, to which the executive

12 control of the Govt. of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner.

2.

To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e.

investigation, inquiry, appeal, review etc.

3.

To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Government of India and other Organizations to which the executive power of the Union extends.

4.

To exercise superintendence over functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act (PC Act), 1988; or offences under the Criminal Procedure Code (Cr. P.C.) for certain categories of public servants and to give directions to the DSPE for the purpose of discharging this responsibility.

5.

To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act.

6.

To chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE.

204.

Jurisdiction of CVC:

204.1 The jurisdiction of CVC extends to all organizations to which the executive power of the Union extends (refer CVC’s letter of 2003). However, for practical reasons, the Commission presently advises only on vigilance cases of Group ‘A’ officers in Central Government, All India Service Officers, and other off

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