CVC

An Overview

Nyayapati Gautam

Triumphant Institute of
www.time4education.com
Management Education P Ltd
 CVC – The Beginning
• A debate in the Parliament on corruption led
to setting up of a Committee by Shri Lal
Bahadur Shastri.
 Committee
The committee identified the causes of corruption:
• Administrative delays.
• Governments taking upon themselves more
than what they could manage by way of
regulatory functions.
• Scope for personal discretions in the exercise
of powers vested in different categories of
govt. servants.
• Cumbersome procedures in dealing with
various matters which were of importance to
citizens in their day-to-day affairs.
 Recommendation
• The Committee conceptualized an apex body
for:
– Exercising control over vigilance administration.
– Creating a body having the technical expertise to
deal with matters relating to engineering works,
constructions, etc.
 CVC
• The Central Vigilance Commission was set up
by the Government of India through a
Resolution of 1964.
• It was to be an apex body for prevention of
corruption in Central Govt. institutions.
 Status
• Later, in September 1997, an independent
review Committee constituted by Central
Government recommended conferring
statutory status on the Central Vigilance
Commission.
 Hawala Case
• Months later, the Supreme Court of India in
the case of Vineet Narain and others Vs Union
of India and others (popularly known as Jain
Hawala Case) also gave directions on
18.12.1997 that statutory status should be
conferred upon the Central Vigilance
Commission.
 2003
• The Central Vigilance Commission Act, 2003
(45 of 2003) came into force with effect from
11.9.2003.
 Organisational set-up

• The Central Vigilance Commission has:

– Its own Secretariat.
– Chief Technical Examiners' Wing (CTE) [Technical
audit of construction works of governmental
organisations from a vigilance angle]
– A wing of Commissioners for Departmental Inquiries
(CDI).
 Functions
• It is an independent body which is only
responsible to Parliament.
• To inquire into a reference made by the
central Government wherein it is alleged that
a public servant being an employee of the
Central Government or a corporation,
established by or under any Central Act.
Government company, society and any local
authority owned or controlled by that
Government, has committed an Offence under
the Prevention of Corruption Act- 1988
 Functions…
• To cause an inquiry or investigation to be
made into any complaint against any official
belonging to the, following category of
officials:
– Group 'A' Officers of the Central Government
– officers of the Corporations established by or
under any Central Act, Government companies,
societies and other local authorities, owned or
controlled by the Central Government.
 Functions…
• Review the progress of applications pending
with the competent authorities for sanction of
prosecution under the Prevention of
Corruption Act 1988
• Tender advice
• Exercise superintendence over the vigilance
administration of the various Ministries of the
Central Government, corporations, societies
and local authorities owned or controlled by
that Government.
 “Whistle-Blowers”
Resolution
• The CVC shall receive written complaints or
disclosure on any allegation of corruption or
of mis-use of office.
• It will ascertain the identity of the
complainant; if the complainant is anonymous,
it shall not take any action in the matter.
• The identity of the complainant will not be
revealed unless the complainant himself has
disclosed his identity to any other office or
authority.
 “Whistle-Blowers”
Resolution…
• The Commission shall be authorised to call
upon the CBI to render all assistance to
complete the investigation pursuant to the
complaint received.
• If any person is aggrieved by any action on
the ground that he is being victimised due to
the fact that he had filed a complaint or
disclosure, he may file an application before
the Commission seeking redress in the matter.
• If either the complainant or the witnesses
need protection, it shall issue appropriate
directions.
 “Whistle-Blowers”
Resolution…
• In case the Commission finds the complaint to
be motivated it shall be at liberty to take
appropriate steps.
• In the event of the identity of the informant
being disclosed in spite of the Commission’s
directions to the contrary, it is authorised to
initiate appropriate action as per extant
regulations against the person or agency
making such disclosure.
 Thank You
nyayapati.gautam@time4education.com