Consultation with CVC for first stage advice – revised procedure

 Consultation with CVC for first stage advice – revised procedure – reg.

Satarkta Bhawan, G.P.O Complex
Block A, INA, New Delhi 110023


Dated 27th April 2015

CIRCULAR No.07/04/15

Subject: Consultation with CVC for first stage advice – revised procedure – reg.

Reference: (i) Commission’s letter No. DO VGL 10 dated 3.9.1985
(ii) Commission’s Office Order No. 24/4/04 dated 15.4.2004
(iii) Commission’s Office Order No. 25/4/05 dated 29.4.2005

As per the existing scheme for consultation with the Commission, the CVOs of the Ministries/Departments and all other organisations are required to seek the Commission’s first stage advice after obtaining the tentative views of Disciplinary Authorities (DAs) on the reports of the preliminary inquiry/investigation of all complaints involving allegation(s) of corruption or improper motive; or if the alleged facts prima-facie indicate an element of vigilance angle which are registered in the Vigilance Complaint Register involving Category-A officers (i.e., All India Service Officers serving in connection with the affairs of the Union, Group-A officers of the Central Govt. and the levels and categories of officers of CPSUs, Public Sector Banks, Insurance companies, Financial Institutions, Societies and other local authorities as notified by the Government u/s 8(2) of eve;, Act, 2003) before the competent authority takes a final decision in the matter. Such references also include cases wherein the allegations on inquiry do not prima facie indicate any vigilance overtone / angle / corruption.
2. On a review of the scheme of consultation with the Commission and to expedite the processes of vigilance administration in the Ministries/Departments/Organisations, it has been decided that, henceforth after inquiry/investigation by the CVO in complaints/matters relating to Category-A officers. as well as composite cases wherein, Category-B officers are also involved, if the allegations, on inquiry do not indicate prima facie vigilance angle/corruption and relate to purely non-vigilance/administrative lapses, the case would be decided by the CVO and the DA concerned of the public servant at the level of Ministry/Department/Organisation concerned. The CVO’s reports recommending administrative/disciplinary action in non-vigilance/administrative lapses would, therefore, be submitted to the DA and if the DA agrees to the recommendations of the CVO, the case would be finalised at the level of the Ministry/Department/Organisation concerned. In all such matters, no reference would be required to be made to the Commission seeking its first stage advice. However, in case there is a difference of opinion between the CVO and the DA as to the presence of vigilance angle, the matter as also enquiry reports on complaints having vigilance angle though unsubstantiated would continue to be referred to the Commission for first stage advice. The provisions of the Vigilance Manual and the Special Chapter on Vigilance Management in Public Sector Enterprises, Public Sector Banks and Insurance Companies would stand amended to this extant.
3. The above revised consultation procedure/dispensation would not apply to the complaints received by the Commission and referred for investigation and report to the CVO of the Ministry/Department/Organisation and CVOs would continue to furnish their investigation reports in all matters involving Category-A officers for seeking first stage advice of the Commission irrespective of the outcome of inquiry/investigation. Similarly, all written complaints/disclosures (Whistle Blower complaints) received under the Public Interest Disclosure and Protection of Informers’ Resolution (PIDPI), 2004 or the Whistle Blowers Protection Act, 2011 would also continue to be handled/processed by CVOs in terms of the existing prescribed procedures or as amended from time to time.

(J. Vinod Kumar)
Officer on Special Duty
Source: http://cvc.nic.in/015msc016.pdf

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