Transfer/Posting of officers/officials working in Vigilance Unit of the organization: CVC Circular No. 07/02/22
CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi-10023
Circular No. 07/02/22
Subject:- Transfer/Posting of officers/officials working in Vigilance Unit of the organization- reg.
Reference:- (i) Com mission’s Circular No. 98/VGL/60 dated 15.04.1999
(ii) Commission ‘s Circular No. 98/VG L/60 dated 02.11.2001
(iii) Com mission’s Circular No. 17/4/08 dated 0 l.05.2008
(iv) Commission ‘s Circular No. 02101/12 dated 04.01.2012
(v) Commission ‘s Circular No. 03/09/ 13 dated 11.09.2013
(vi) Commission’s Circular No. 03/04/21 dated 05.04.2021
Central Vigilance Commission, as part of its functions relating to exercising supervision over vigilance administration or the organizations under its advisory jurisdiction, has issued guidelines relating to transfer of officers/officials working in Vigilance Units of the respective organizations. Based on the inputs/requests received from various organizations and in view or DoPT’s Office Memorandum N o. 372/7/2016-AVD-III dated 28.04.2017 relating to appointment and tenure or Chief Vigilance Officers, the Commission has reconsidered the matter relating to posting/transfer of officers/officials working in Vigilance Un its of the respective organizations.
2. The Commission has directed that initial posting of an officer/official in Vigilance Unit of an organization should be for a period of three years only. If considered necessary, the tenure of the vigilance functionary may be extended for a minimum period of three months and a maxim um of two years. only after review, which shall be based on his efficiency, integrity and requirement for completion of work on hand, etc. The continuation of an officer/official in Vigilance Unit beyond three years, shall be subject to concurrence of the Chief Vigilance Officer concerned. In case, CVO’s position is vacant, concurrence of the Head of Vigilance Un it shall be required for granting extension of tenure beyond three years.
3. After transfer of an officer/official from Vigilance Unit, irrespective of the period for which he has served there, he should undergo a cooling off period of at least two years, before being considered for posting in Vigilance Unit again, if necessary.
4. The Commission has further directed that an exercise may be conducted and completed latest by 31.03.2022. by the respective organization s, to identify those officers/officials, who have completed the tenure of three years/five years (as on 31.03.2022) in Vigilance Unit. In case, services of an officer/official are required beyond the period of three years, such officers/orticials may be identified and the process for their retention in Vigilance Unit (for a minimum period of three months and a maximum period upto two years) should be completed by 31.03.2022 . Those officers/officials, who have completed three years as on 31.03.2022 and are not being considered for further extension, should be transferred latest by 30.06.2022. Further, in respect of those officers/officials, who have completed the tenure of five years as on 31.03.2022, the exercise of their transfer and relieving out of Vigilance Unit should also be completed by 30.06.2022. A compliance report regarding retention/transfer of all such vigilance personnel, may be reported/uploaded under Para (9) of the Quarterly Performance Reports, beginning from June, 2022.
5. It may be noted that the above guidelines are to be adhered to strictly and it may be ensured that:-
(a) None of the officers/officials in Vigilance Unit is retained beyond the period of three years, without the concurrence of CVO and approval of the Competent Authority.
(b) None of the officers/officials should continue in Vigilance Unit beyond the period for which extension has been granted, after initial tenure of three years (the extended period may be for a minimum of three months and a maximum upto two years).
(c) In case of non-performance of the vigilance functionary or due to any other sensitive issue, the Competent Authority may transfer the vigilance officer/official, any time during his posting in Vigilance Unit, with concurrence of the Chief Vigilance Officer.
6. In case of disagreement between the CVO and the Competent Authority regarding retention/transfer of any officer/official, which is not finally resolved. the matter may be placed before the Chief Executive of the organization concerned for a final decision. In case, the Competent Authority is the Chief Executive of the organisation, the matter may be placed before the Board of Directors/Governing body of the organisastion or Secretary of the administrative ministry, for resolving the difference.
7. In order to ensure proper manpower strength in Vigilance Units, adequate number of suitable officers/officials should be provided. It should also be ensured that proper replacement is provided at the time or transfer of officers/officials, so that proper manpower strength is maintained in the Vigilance Units.
8. The above instructions may be noted for strict compliance.