Circular
No. 11/09/2016 016/Misc/Legal/005 05.10.2016
Subject: Standard operating procedure
regarding legal cases where the Central Vigilance Commission has been made
respondent along with the organizations concerned.
The Central Vigilance
Commission, under the provisions contained in Section-8(1)(g) and Section-17(2)
of the CVC Act, 2003 has the mandate to tender advice to the Central
Government, corporations established by or under any Central Act, Government
companies, societies and local authorities owned or controlled by the Central
Government, regarding the officers covered under its advisory jurisdiction as
defined under Section 8(2) of the CVC Act, 2003. 2. The Central Vigilance
Commission takes a considered view regarding the further course of action to be
taken in respect of officers/cases as mentioned above, based on the
records/evidence/material available with it and should advise either
prosecution of the Suspected Public Servant or initiation of appropriate
disciplinary proceedings or for imposition of appropriate penalty as the case
should be, based on the irregularities noticed on their part. 3. The officers
concerned, against whom action has been advised by the Central Vigilance
Commission, sometimes feel aggrieved by the advice of the Central Vigilance
Commission and approach either Central Administrative Tribunal or other Courts
of Law with the prayer to get the advice tendered by Central Vigilance
Commission and subsequent disciplinary action against them quashed. The Central
Vigilance Commission and/or its officers, along with the organization concerned
to whom the officer belongs and the Disciplinary Authority of the petitioner
officer are made respondents by them. 4. In such cases, where the Central
Vigilance Commission has been named as a respondent along with the organization
concerned/other respondents, the authorities concerned in the organization,
immediately on receipt of a notice from the respective court or on receipt of
an advance copy of the petition/application/plaint etc. should bring the same
to the notice of the Chief Vigilance Officer of the organization. The Chief
Vigilance Officer of the organization ……2/…… -2-
should inform the
Central Vigilance Commission immediately about the court case. The Chief
Vigilance Officer should also forward a self contained note containing a
summary about the issues raised in the petition/application/plaint etc.,
indicating the paras where Central Vigilance Commission’s actions have been
described/questioned and also quoting the Central Vigilance Commission’s
references/correspondences exchanged with the organization concerned relating
to the case mentioned before the Court/Central Administrative Tribunal etc., if
any. 5. During the intervening period, when correspondence is being made by the
Chief Vigilance Officer of the organization with the Central Vigilance
Commission and prior to receipt of its specific advice/directions, the Chief
Vigilance Officer of the organization concerned should ensure that the Central
Vigilance Commission’s and its officers’ interest are duly protected before the
Court, if the case comes up for hearing. The Chief Vigilance Officer and/or any
other authority concerned of the organization, should suitably brief the
counsel/advocate of the organization about Central Vigilance Commission’s
functions and powers and its advisory jurisdiction, as mandated under Section 8
and 17 of the CVC Act, 2003 to suitably apprise the court accordingly.
Provisions contained under Section 15 of the CVC Act, 2003 stating that “No
suit, prosecution or other legal proceeding shall lie against the Commission,
the Central Vigilance Commissioner, any Vigilance Commissioner, the Secretary
or against any staff of the Commission in respect of anything which is in good
faith done or intended to be done under this Act” should also be brought to the
notice of respective Courts, through the organization’s counsel/advocate in
order to get the name of the Central Vigilance Commission or its officers
deleted from the list of respondents. 6. Many a times, petitioners/applicants/plaintiffs
approach the Courts alleging corrupt/inappropriate activities against various
Govt. organizations and/or by public servants and seek investigation about such
inappropriate activities through Central Vigilance Commission. In case they had
made complaint to the Central Vigilance Commission earlier regarding the issues
mentioned before the court, they point out this fact in their petition/prayer
and sometimes express dissatisfaction about the action taken by the Central
Vigilance Commission on their complaints, as should have been intimated to
them. In such cases also, immediately on receipt of a notice from the
respective court or on receipt of advance copy of the
petition/application/plaint etc., the authorities concerned in the organization
should bring the same to the notice of the Chief Vigilance Officer of the
organization immediately. The procedure as prescribed in paras (4) and (5)
above should be followed in respect of such cases also. 7. Wherever a need
arises to debate or argue, before the respective Courts, the merits of specific
advice tendered by the Central Vigilance Commission in a particular case or
action taken by it on an indi ividual complaint or any other action of Central
Vigilance Commission, the organization should seek specific comments and advice
of Central Vigilance Commission before informing/apprising the Court through
their counsel/advocate.
8. The Chief Vigilance
Officers should suitably sensitise/ inform the officers of their organizations
about the guidelines as given above.
9. This issues with the
approval of the Commission.
(Praveen Sinha)
Additional Secretary
To:- All Chief Vigilance Officers of
Ministries / Departments /CPSEs / Public Sector Banks / Insurance Companies
/Autonomous organizations / Societies etc
