Malvika
ALL ABOUT CENTRAL VIGILANCE COMMISSION (CVC)
Malvika Advani 24 Apr 2019

ALL ABOUT CENTRAL VIGILANCE COMMISSION (CVC)


THE NEED TO SET UP CVC

 

The Central Vigilance Commission was set up by the Government 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.

CVC is an apex Indian governmental body. It addresses governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the CVC. It

  • has the status of an autonomous body
  • is free of control from any executive authority
  • charged with monitoring all vigilance activity under the Central Government of India
  • advises various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.

The main purpose for which this important body had been established was to ensure all sorts of corruptions in government sector could be well prevented and addressed minutely.

Central Government of India formed CVC in the year 1964 as an important body that could take into account the measures and steps to prevent all the corruptions especially the governmental ones for a better system and governance.

The Government of India has authorized the Central Vigilance Commission as the "Designated Agency" to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action.

 

PRESENT STATUS OF THE CVC

The CVC Bill was passed by both the houses of Parliament in 2003 and the President gave its assent on September 11, 2003. Thus the Central Vigilance Commission Act 2003 came into effect from that date.

Before Central Vigilance Commission can take up investigations into corruption cases against government officials, it has to be approved by the government. The Central Vigilance Commission also publishes list of corrupt officials and recommends punitive action against them.

 

COMPOSITION OF CVC

[Section 3(1)]

The Commission shall consist of:

  1. A Central Vigilance Commissioner - Chairperson;
  2. Not more than two Vigilance Commissioners - Members;

CVC is headed by a Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.

[Section 10]

The Vigilance Commissioner shall act as Central Vigilance Commissioner in the following circumstances:

  • If the office of Central Vigilance Commissioner is vacant due to his death, resignation or otherwise
  • The Central Vigilance Commissioner is unable to discharge his functions due to him being absent on leave.

 

 

APPOINTMENT OF CENTRAL VIGILANCE COMMISSIONER AND VIGILANCE COMMISSIONER

[Section. 3(3) and 4]

The President of India appoints the Central Vigilance Commissioner and the Vigilance Commissioners on the recommendation of the Prime Minister, Home Minister and the leader of the opposition in the Lok Sabha.

The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons—

  1. Who have knowledge and experience in the matters relating to vigilance, policy making and administration including police administration and have been or are in

·         an All-India Service;

·         any civil service of the Union;

·         a civil post under the Union;

  1. who have held office or are holding office in a corporation established by or under any Central Act or a Government company owned or controlled by the Central Government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations.

A Secretary shall be appointed to the Commission on terms and conditions to exercise such powers and discharge such duties as the Commission may by regulations specify in this behalf.

 

 

REMOVAL OF CENTRAL VIGILANCE COMMISSIONER AND VIGILANCE COMMISSIONER

[Section 6]

Any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court has been referred the matter and an inquiry is conducted. The result of the inquiry is such that the Central Vigilance Commissioner or any Vigilance Commissioner needs to 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 Central Vigilance Commissioner or any Vigilance Commissioner from office if such person

·         is adjudged an insolvent;

·         has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;

·         during his term of office engages in any paid employment outside the duties of his office;

·         is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body;

has acquired financial or other interest as is likely to affect prejudicially his functions.

 

 

FUNCTIONS OF CVC

[Section 8]

Main functions include technical audit of construction works of governmental organizations from a vigilance angle, investigation of specific cases of complaints relating to construction works and assisting CBI in its investigations involving technical matters.

 

IN REFERENCE TO

 

 

FUNCTIONS

 

The Central Government, corporations established by or under

  1. any Central Act,
  2. Government companies
  3. societies and local authorities owned or controlled by the Central Government

 

1.      advice on such matters as may be referred to it

2.      exercise superintendence over the vigilance administration of their various Ministries.

 

 

Offences under the Prevention of Corruption Act, 1988, or CrPC, 1973

 

  1. exercise superintendence over the functioning of the Delhi Special Police Establishment as it relates to the investigation of offences alleged to have been committed;
  2. inquire or cause an inquiry or investigation to be made on a reference made by the Central Government wherein it is alleged that a public servant who’s an employee of the Central Government or a corporation established by or under any Central Act has committed an offence;
  3. review the progress of investigations conducted by the Delhi Special Police Establishment into offences alleged to have been committed;

 

 

Other functions

  1. give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under the Delhi Special Police Establishment Act, 1946;
  2. review the progress of applications pending with the competent authorities for sanction of prosecution under the PCA, 1988;

 

 

PROCEEDINGS OF CVC

[Section 9]

The Commission shall be deemed to be a civil court. Every proceeding before the Commission shall be deemed to be a judicial proceeding. Hence the Commission has the power to

1.      summon and enforce the attendance of any person;

2.      require discovery and production of any document;

3.      receive evidence on affidavits;

4.      requisition any public record or a copy from court;

5.      issue commissions for examination of witnesses etc.

The proceedings of the Commission shall be conducted at its headquarters.

The Commission shall abide by the rules of procedure in regard to the transaction of the business as provided by regulations.

If the Central Vigilance Commissioner is for any reason unable to attend any meeting of the Commission, the senior most Vigilance Commissioner present at the meeting, shall preside at the meeting.

No act or proceeding of the Commission shall be invalid merely by reason of-

1.      any vacancy in, or any defect in the constitution of, the Commission; or

2.      any defect in the appointment of a person acting as the Central Vigilance Commissioner or as a Vigilance Commissioner; or

3.      any irregularity in the procedure of the Commission not affecting the merits of the case.

 

IS CVC A POWERLESS AGENCY?

The CVC is not an investigating agency. The only investigation carried out by the CVC is that of examining Civil Works of the Government which is done.

There are certain limitations to CVC. These are

  1. CVC is only an advisory body. Central Government Departments are free to either accept or reject CVC's advice in corruption cases.
  2. CVC does not have adequate resources compared with number of complaints that it receives. It is a very small set up with sanctioned staff strength of 299. Whereas, it is supposed to check corruption in more than 1500 central government departments and ministries.
  3. CVC cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above on its own. Such permission has to be obtained from the concerned department.
  4. CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary cases.
  5. CVC has supervisory powers over CBI. However, CVC does not have the power to call for any file from CBI or to direct CBI to investigate any case in a particular manner.
  6. CVC cannot make direct appointments as it is indirectly under the control of Govt. of India. Though the leader of the Opposition (in Lok Sabha) is a member of the Committee to select CVC and VCs. But the Committee considers candidates put up before it.
  7. Corruption investigations against government officials can proceed only after the government permits them.

As a result, although CVC is relatively independent in its functioning, it has neither resources nor powers to inquire and take action on complaints of corruption that may act as an effective deterrence against corruption.

Hence, CVC is often considered a powerless agency as it is treated as an advisory body only with no power to register criminal case against government officials or direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above.

Did you find this write up useful? YES 9 NO 0
Shiv Kanti   6 Nov 2022 9:54am
To 06.11.2022 The Commissioner/Member Central Vigilance Commissioner Barakhamba Road New Delhi Is all above then all? Culprits HC Sarvesh Kumar, P.S.Patel Nagar, instead of registering my criminal complaint jeopardy me through some women namely Poonam, Payal & culprits of come complaints with him, initiate a Criminal Case No.492/22 in Dehradun, Uttrakhand, India, on vexatious, concocted story on asking registered his complaint against some unsocial druggist around who are troubling monk Shiv Prasad Kanti complainant. But he detained innocent monk for more than 48 hour for nothing even after monk remined his duty for produce him to Magistrate, he laughed and start mockery on it. By that way saved his drugs suppling agents, culprits of my criminal case, by temptation, allurements, just fox passing their duty. City Magistrate Kumd Chauhan, Dehradun in this legal proceeding in criminal cases adjourned the matter repeatedly with granting short days to tortured me and never provide appearance & argue personally on various request to her officials in charge, so complainant filed his reply, arguments and application to retrieve damages and compensation for damages but instead take cognizance on 8.9.22 she dismissed the criminal case no.492/22 (it stated by officer in charge of her office & file was untreatable thereafter). No order served upon the accused (me a monk) so far. Culprit HC Sarvesh Kumar may be tempted to Kumd Chauhan because he is a chauky incharge of ISBT Dehradun & making handsome money in crores of crores rupees through unauthorized & illegal ways of corruption the demo of it shown to monk Shiv Prasad Kanti on his illegal detention dt.6/7.4.2022 & 8.4.2022 shifted monks at PS Patel Nagar, Dehradun with false implication. They released me complainant on 9.4.22, immediately I approached the Court of CJM with prayer of protection and lodging of FIR against culprit but disappointing till now CJM only doing hanky-panky on the issue without granting any relief to victim monk Shiv Kanti by nullity. Present Govt. of India initiated, false, fabricate, manipulated legal proceeding afterthought based on the concocted story to obsessing, devastating, destroying & disturbing my issues, mindsets with physical & mentally assaulting me, evidence underneath clearly discloses their illegal acts mention in the list of dates of complaint filed in the NHRC Case No.337/35/5/2022 in Dehradun, Ukhand, India. Simultaneously I was approached to CJM Lakshman Singh CJI in Criminal Conspiracy Complaint No.1735/22 in Dehradun, Ukhand, India, with my wounded body, I was shivering with pain prayed with urgent letter to take cognizance but he took fox pass because it was will maintained premature crime by political mafias on me. The above facts circumstances clearly shows that the IAS, IPS, PCS, Judicial officers in the punishment post (which are multiple in number) are involved in all such criminal acts doing on in Uttarakhand like women, drugs trafficking, killing innocents through or with collusion of Police Authority to being crime’s creamy liar on the holly mother earth &/or society for their illegal means and /or gains (which is not actual, natural, authentic gains to them) which they performing with gang power under the political mafia amongst societies in the world & ultra vires to the respective governments. Isn’t it a monopoly, scarcity and/or slacker toward the duty of God? As being the Supreme Authority for Human Rights please must intervene and/or interfere in such matters the human rights, natural law are must be protected, it is our responsibilities. After reaching Dehradun on 26.05.2020 during pandemic I noticed the international institutional city capital of Devbhoomi Uttarakhand was totally devastated by land-mafia’s with corroboration of political mafia’s so called MLAs, MPs by letting or setting their illegal rawadies, druggists, goodas with corroboration of Police Authorities. I sent a notice to the Secretary of Environment to delinked their garbage & drainage linked with natural sources of water i.e. holly ganga, Yamuna and its branch rivers which are permanent water source of its occupants either human or other creatures and/or acquires, also mentioned about my village rivers Shree Chandra Bhaga@ Ashan Rivers (which they totally converted into drainage now). Instead of response they hatched conspiracy with me through BJP@RSS local MLA & his mafia whose built such embankment govt. land either belong to forest such as Vanantara of BJP@RSS MLA & Minister Arya’s (spots of corruption of BJP@RSS) area with corroboration of P.S.Patel Nagar, Sarvesh Kumar HC is became hero and thereafter they took some druggist & whores from their illegal occupants from village and start troubling me & attempt to murder me. On 6.4.22 they hatched conspiracy send two women Poonam & Payal to start quarrelling and when I called police for protection police not reached, they started beating me with lathee, stone with whole family. After lapse of time two man police personnel without name plate came to me and I start complaining they took me Police Chauky, on 06.04.22 instead of lodged my complaint they took me jail as illegal detention I sought for not detained me illegally but they start mockery on me. THREE COLUMN OR DOUBLE ENGINE GOVERNMENT IN INDIA Promotion of corrupt official in Govt. Mechanism Raj Nath Singh Fake news broadcaster, lair expert for development. Narendra Modi Political mafias belongs RSS & Ors fake Hindu Religions Amit Shah Attacking by slow poisoning Cope D’tate Circumstantial attacker. Dailiborate attacker obsessioners, assassinates Innocent public/people for their exploitation & sufferers. Its full swing in Uttarakhand & other possessive states of BJP@RSS? “Ibi jus ubi remedium” Inter alia amongst other grounds, facts & circumstance respondent sought and/or raised a question before this majesty- Why administrative officers are handmade toys in hand of political mafia’s to not enforce the law in jurisdiction? Only the bad temptation is the answer I find. I, Shiv Prasad Kanti, is reporting you the under mention report about the climates & scenario of Dehradun well know institutional area like India Forest Research Institute, Indian Military Academy, Wildlife Institute and many more since way back mentioned in the Vedas as ????? ?? ???? ????????????? ????? ?????? ???????? ????? ????????? ?????????? ???? ???? ????? ?????? Yajue-18 ??? ? ?? ?????? ??? ???????????? ??? ???? ???????? ??????? ?? ???? ??????????? ?????? ??? ???? ?????? ???? ??, ???? ?? ???????? ??? ?? ???? ?????? ????? ?? ????? ?? ???, ???? ?? ?????? ?? ??????? ????????? ???, ?? ?? ??? ?? ???????? ???? ????? ???? ??? ??? ? & many other epics as well as devotional places, now capital of Uttarakhand, which is converted hellhole to human life & deliberately by the political parties by ‘suppretio veri suggestio false’ to running their illegal means & minerals, illegal businesses especially promoting drugs dealers, traffickers, mafias by jeopardizing innocent peoples lately, what is going on with myself by & between by societies surrounded me on the point of illegality going on, the local political mafias of BJP was activated & jeopardy me to facing/keeping mirror to their faces, that how they are devastating holy rivers by connecting their drainages into it, why they are not stopping illegal mining, ruining the forest by firing it, devastating the Corbate, Rajaji & Ors. National parks by polluting them with identified and/or unidentified pollution, like plastic products, migrating creatures/peoples, inhabitants, misusing localities by jeopardies, frequently shifting their illegal and/or criminal acts, in the unplanned towns/city Dehraun (head quarter of Survey of India, which has no site planned to inhabitant of its own city) to ruined the sanctity of divine earth by that way. For that I asked certain questions on the above issue through Facebook, e-mailing and /or other social media my data evidently proof that but instead of replying it they cop-de-tate, obsessed, torture, attacked me, not only Dehradun the capital of Uttarakhand but the whole state is becoming hub of criminals lot of them belongs to police authorities, drugs dealer which belongs to local political mafias (you can call them politicians) and/or state running under criminals influenced of veteran politician-criminal mafias, the crime becoming creamy liar not only in this State but the countries of glob by spraying ‘chemical warfare, to ruined the future generation. Your majesty my awareness and/or duty is to point out the malicious, illegal, ill-motives, deficiencies to the respective governments to protect the royalty of natures by ruining, ‘holocaust’ and/or devastation of future earth, but Govt of India instead of that always biased & treated me badly on the following facts, circumstance & events deliberately. Changing pattern of Law, economy, society, instead of genuine, correct, competent way of developments, lying about bringing back to black money to grab political seats, Demonetization, Misusing Currency visiting as a voyage, Instead of bring back black money, bring the Corona overnight from Guhan City, Stuck the Life in India, Hiding Crime rates, ‘one hand in glob’ with media via-versa and/or obsessing the ‘monks by imposing criminal cases against them’ and/or scared the awaked /aware persons or questioners with the help of their ex-officio mafias amongst the society of crime, it is noticed deliberately via-medias that Indian democratic country is in the hand of another ‘King John’, who is that? PRAYER It is therefore, most respectfully prayed that this Hon’ble Apex Authority may graciously be please to:- a) Pass compensation, for damages, illegal detention and falsely implicate in criminal case and punish the police official for their stigmatic heinous crime against a monk/sant who is suffering from cancer & old age ailments and retrieve damages caused to complainant by the culprit accused with compensation for illegal detention. b) Direct to the governments to not jeopardy to innocent truthful, God fearing, patriotic lovers of earth, natural law, human rights in their respective part of mother earth; c) Ensure the live and liberty of monks as well as our kids like Ankita, Kerad & many others who becoming hunk of undisciplined criminal officials or personalities whom you calling VIPs in the earth for their devotions, sanctity, praying to betterment with purity of soul for younger creatures and / or future generation of earth. With regard Monk Shiv Kanti
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Rohit yadav   19 Sep 2020 2:27pm
CVC
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This is Very Useful
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