Central Vigilance Commission

Central Vigilance Commission
Seal of the Central Vigilance Commission
Agency overview
Formed	February,1964
Legal personality	Governmental: Government agency
Jurisdictional structure
Federal agency	India
Governing body	Government of India
General nature	Federal law enforcement Civilian agency
Operational structure
Headquarters	New Delhi, India
Agency executive	Pradeep Kumar, Central Vigilance Commissioner
Website
http://www.cvc.nic.in/

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, and advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.

It was set up by the Government of India in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. ^[1] Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.

The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the Commission's advises were ignored etc.

Role

The CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the Departmental Chief Vigilance Officers. ^[2]

The only investigation carried out by the CVC is that of examining Civil Works of the Government which is done through the Chief Technical Officer.^[3]

Corruption investigations against government officials can proceed only after the government permits them. The CVC publishes a list of cases where permissions are pending, some of which may be more than a year old^[4]

The CVC has also been publishing a list of corrupt government officials against which it has recommended punitive action^[5].

A few years after the murder of IIT Kanpur alumnus NHAI engineer Satyendra Dubey, the CVC launched an initiative to protect whistleblowers. However, this program has been criticized by ex-Chief Justice of India R.C. Lahoti as being ineffective^[6]

Appointment

The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President by warrant under his hand and seal; provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of:

• the Prime Minister — Chairperson;
• the Minister of Home Affairs — Member;
• the Leader of the Opposition in the House of the People (The Lok Sabha) — Member.^[7]

Removal

The Central Vigilance Commissioner or any Vigilance Commissioner shall be removed from his office only by order of the President on the ground of proved misbehaviour 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 on such ground be removed. The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference. The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:

• is adjudged an insolvent; or
• has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
• engages during his term of office in any paid employment outside the duties of his office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
• has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.^[8]

Organisation

The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners' Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI).

Cabinet Secretariat

The Secretariat consists of a Secretary of the rank of Additional Secretary to the GOI, one officer of the rank of Joint Secretary to the GOI, ten officers of the rank of Director/Deputy Secretary, four Under Secretaries and office staff.

Chief Technical Examiners' Wing (CTE)

The Chief Technical Examiner's Organisation constitutes the technical wing of the Central Vigilance Commission (India) and is manned by two Engineers of the rank of Chief Engineers(designated as Chief Technical Examiners) with supporting engineering staff. The main functions assigned to this organisation are:

• Technical audit of construction works of Governmental organisations from a vigilance angle;
• Investigation of specific cases of complaints relating to construction works;
• Extension of assistance to CBI in their investigations involving technical matters and for evaluation of properties in Delhi; and

Tendering of advice/assistance to the Commission and Chief Vigilance Officers in vigilance cases involving technical matters.

There are fifteen posts of Commissioners for Departmental Inquiries (CDI) in the Commission, 14 in the rank of Deputy Secretaries/Directors and one in the rank of Joint Secretary to Government of India. The CDIs function as Inquiry Officers to conduct inquiries in departmental proceedings initiated against public servants.

References

1. ^ http://cvc.gov.in/cvc_back.htm
2. ^ http://cvc.gov.in/faqs.htm#invest
3. ^ M.P. Jain on Administrative Law, Tripathi(1986)
4. ^ http://www.cvc.nic.in/spp_cbi_11072011.pdf. Released 31 May 2011, oldest case from 30/04/10 relates to Rakesh Mohan, (IAS 78 batch), ex-CEO, Delhi Jal Board
5. ^ 121 officers named in 2011 and in 2009
6. ^ Krishnadas Rajagopal (Jul 21 2010). "Whistleblowers who went to CVC suffered, stem rot: Ex-CJI to Sonia". Indian Express. http://www.indianexpress.com/news/whistleblowers-who-went-to-cvc-suffered-stem-rot-excji-to-sonia/649640/0. quote: "every whistleblower who approached CVC came to grief, while culprits remain, by and large, unharmed to this day."
7. ^ http://cvc.nic.in/cvcact.pdf
8. ^ http://cvc.nic.in/cvcact.pdf

2. Hawala Scandal

External links

• Official website - http://www.cvc.nic.in
• The CVC Act, 2003 - http://cvc.gov.in/cvcact.pdf