Vigilance officers to be transferred every 3 years 

#GS2 #POLITY # NON CONSTITUTIONAL BODIES 


News info 

  • 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. 

BIASA BASICS: 

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

Functions 

  • 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 
  • Lokpal 
  • Whistleblowers 
  • 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. 

Composition 

  • 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’s Jurisdiction 

CVC Act 2003 

  • Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government. 
  • Officers of the rank of Scale V and above in the Public Sector Banks. 
  • Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI. 
  • Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings. 
  • Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings. 
  • Managers and above in General Insurance Companies. 
  • Senior Divisional Managers and above in Life Insurance Corporations. 
  • Officers drawing salary of Rs.8700/- p.m. and above on Central Government D.A. (Dearness Allowance) pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities. 

The Lokpal and Lokayuktas Act, 2013 

  • The Act has amended some provisions of CVC Act, 2003 whereby the Commission has been empowered to conduct preliminary inquiry into complaints referred by Lokpal in respect of officers and officials of Group 'B', 'C' & 'D', besides: 
  •  Group 'A' officers, for which a Directorate of Inquiry for making preliminary inquiry is to be set up in the Commission. 
  • The preliminary inquiry reports in such matters referred by Lokpal in respect of Group A and B officers are required to be sent to the Lokpal by the Commission. 
  • The Commission is also mandated to cause further investigation (after preliminary enquiry) into such Lokpal references in respect of Group ‘C’ & ‘D’ officials and decide on further course of action against them. 

The Whistleblowers Protection Act, 2014 

  • The Whistleblowers Protection Act, 2014 empowers the Commission as the competent authority: ○ to receive complaints relating to disclosure on any allegation of corruption or wilful misuse of power or wilful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure, and
  •  To provide adequate safeguards against victimisation of the person making such complaint and for matters connected therewith and incidental thereto. 

Limitations of CVC 

  • CVC is often considered a powerless agency as it is treated as an advisory body only with no power to register criminal case against government officials or direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above. 
  • Although CVC is “relatively independent” in its functioning, it neither has the resources nor the power to take action on complaints of corruption. 

 

WAY FORWARD: 

  • 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

 

 

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