Vigilance officers to be transferred every 3 years
#GS2 #POLITY # NON CONSTITUTIONAL BODIES
- The Central Vigilance Commission (CVC) has modified the guidelines pertaining to the transfer and posting of officials in the vigilance units of government organisations, restricting their tenure to three years at one place.
- The tenure may be extended to three more years, albeit at a different place of posting.
- Undue long stay of an official in a vigilance department had the potential of developing vested interests, apart from giving rise to unnecessary complaints or allegations.
New modification in the guidelines.
- Personnel who have worked for over three years at one place should be transferred in phases, with priority given to those who have served for the maximum period.
- In order to emphasis on the importance of the issue and to ensure transparency, objectivity and uniformity in approach, the Commission has decided to modify its earlier guidelines.
- Personnel can have two continuous postings in vigilance units at different places of posting, each running to a maximum of three years.
- Those having completed over five years at one place should be shifted on top priority basis.
- In the first phase, at least 10% of such personnel should be shifted in a sequential order without any exception.
- In case someone has served at one place for over three years, his tenure at the next place would be curtailed to ensure that the combined tenure was limited to six years.
- The first phase of transfer/posting has to be completed by May 31.
- The exercise of transferring all the personnel in question should be completed by June 30.
- After transfer from the vigilance unit, there would be a compulsory cooling off period of three years before anyone could be considered again for posting in the unit.
Central Vigilance Commission (CVC)
- Central Vigilance Commission is 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.
- Vigilance means to ensure clean and prompt administrative action towards achieving efficiency and effectiveness of the employees in particular and the organization in general, as lack of Vigilance leans to waste, losses and economic decline.
- The CVC was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam.
- In 2003, the Parliament enacted CVC Act conferring statutory status on the CVC.
- The CVC is not controlled by any Ministry/Department. It is an independent body which is only responsible to the Parliament.
- The CVC receives complaints on corruption or misuse of office and to recommend appropriate action. Following institutions, bodies, or a person can approach to CVC:
- Central government
- A whistleblower is a person, who could be an employee of a company, or a government agency, or an outsider (like media, higher government officials, or police) disclosing information to the public or some higher authority about any wrongdoing, which could be in the form of fraud, corruption, etc.
- It is not an investigating agency. The CVC either gets the investigation done through the CBI or through chief vigilance officers (CVO) in government offices.
- It is empowered to inquire into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants.
- Its annual report gives the details of the work done by the commission and points to systemic failures which lead to corruption in government departments.
- Improvements and preventive measures are also suggested in report.
- Multi-member Commission consists of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Member).
- The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President on the recommendations of a Committee consisting of ○ The Prime Minister (Chairperson),
- The Minister of Home Affairs (Member) and
- The Leader of the Opposition in the House of the People (Member).
- Term - The term of office of the Central Vigilance Commissioner and the Vigilance Commissioners is 4 years from the date on which they enter their office or till they attain the age of 65 years, whichever is earlier.
- Removal - The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought to be removed.
CVC Act 2003
The Lokpal and Lokayuktas Act, 2013
The Whistleblowers Protection Act, 2014
Limitations of CVC
- The removal procedure is undertaken by the president of India insolvency,infirmity of body or mind,job outside the commission, unsound mind, convicted and sentenced to imprisonment for offense. President shall refer the matter to SC for inquiry.
- Appointed by the governor but removed by president of India
Source: The Hindu