30/11/2016
Standard operating procedure regarding legal cases where the Central Vigilance Commission has been made respondent along with the organizations concerned.
Standard operating procedure regarding legal cases where the Central Vigilance Commission has been made respondent along with the organizations concerned.
Circular
No. 11/09/2016 016/Misc/Legal/005 05.10.2016
Subject: Standard operating procedure
regarding legal cases where the Central Vigilance Commission has been made
respondent along with the organizations concerned.
The Central Vigilance Commission, under the
provisions contained in Section-8(1)(g) and Section-17(2) of the CVC Act, 2003
has the mandate to tender advice to the Central Government, corporations
established by or under any Central Act, Government companies, societies and
local authorities owned or controlled by the Central Government, regarding the
officers covered under its advisory jurisdiction as defined under Section 8(2) of
the CVC Act, 2003. 2. The Central Vigilance Commission takes a considered view
regarding the further course of action to be taken in respect of officers/cases
as mentioned above, based on the records/evidence/material available with it
and should advise either prosecution of the Suspected Public Servant or
initiation of appropriate disciplinary proceedings or for imposition of
appropriate penalty as the case should be, based on the irregularities noticed
on their part. 3. The officers concerned, against whom action has been advised
by the Central Vigilance Commission, sometimes feel aggrieved by the advice of
the Central Vigilance Commission and approach either Central Administrative
Tribunal or other Courts of Law with the prayer to get the advice tendered by
Central Vigilance Commission and subsequent disciplinary action against them
quashed. The Central Vigilance Commission and/or its officers, along with the
organization concerned to whom the officer belongs and the Disciplinary
Authority of the petitioner officer are made respondents by them. 4. In such
cases, where the Central Vigilance Commission has been named as a respondent along
with the organization concerned/other respondents, the authorities concerned in
the organization, immediately on receipt of a notice from the respective court
or on receipt of an advance copy of the petition/application/plaint etc. should
bring the same to the notice of the Chief Vigilance Officer of the
organization. The Chief Vigilance Officer of the organization ……2/…… -2-
should inform the Central Vigilance
Commission immediately about the court case. The Chief Vigilance Officer should
also forward a self contained note containing a summary about the issues raised
in the petition/application/plaint etc., indicating the paras where Central
Vigilance Commission’s actions have been described/questioned and also quoting
the Central Vigilance Commission’s references/correspondences exchanged with
the organization concerned relating to the case mentioned before the
Court/Central Administrative Tribunal etc., if any. 5. During the intervening
period, when correspondence is being made by the Chief Vigilance Officer of the
organization with the Central Vigilance Commission and prior to receipt of its
specific advice/directions, the Chief Vigilance Officer of the organization
concerned should ensure that the Central Vigilance Commission’s and its
officers’ interest are duly protected before the Court, if the case comes up
for hearing. The Chief Vigilance Officer and/or any other authority concerned
of the organization, should suitably brief the counsel/advocate of the
organization about Central Vigilance Commission’s functions and powers and its
advisory jurisdiction, as mandated under Section 8 and 17 of the CVC Act, 2003
to suitably apprise the court accordingly. Provisions contained under Section
15 of the CVC Act, 2003 stating that “No suit, prosecution or other legal
proceeding shall lie against the Commission, the Central Vigilance
Commissioner, any Vigilance Commissioner, the Secretary or against any staff of
the Commission in respect of anything which is in good faith done or intended
to be done under this Act” should also be brought to the notice of respective
Courts, through the organization’s counsel/advocate in order to get the name of
the Central Vigilance Commission or its officers deleted from the list of
respondents. 6. Many a times, petitioners/applicants/plaintiffs approach the
Courts alleging corrupt/inappropriate activities against various Govt.
organizations and/or by public servants and seek investigation about such
inappropriate activities through Central Vigilance Commission. In case they had
made complaint to the Central Vigilance Commission earlier regarding the issues
mentioned before the court, they point out this fact in their petition/prayer
and sometimes express dissatisfaction about the action taken by the Central
Vigilance Commission on their complaints, as should have been intimated to
them. In such cases also, immediately on receipt of a notice from the respective
court or on receipt of advance copy of the petition/application/plaint etc.,
the authorities concerned in the organization should bring the same to the
notice of the Chief Vigilance Officer of the organization immediately. The
procedure as prescribed in paras (4) and (5) above should be followed in
respect of such cases also. 7. Wherever a need arises to debate or argue,
before the respective Courts, the merits of specific advice tendered by the
Central Vigilance Commission in a particular case or action taken by it on an
indi ividual complaint or any other action of Central Vigilance Commission, the
organization should seek specific comments and advice of Central Vigilance
Commission before informing/apprising the Court through their counsel/advocate.
8. The Chief Vigilance Officers should
suitably sensitise/ inform the officers of their organizations about the
guidelines as given above.
9. This issues with the approval of the Commission.
(Praveen Sinha) Additional Secretary
To:- All Chief Vigilance Officers of
Ministries / Departments /CPSEs / Public Sector Banks / Insurance Companies
/Autonomous organizations / Societies etc