104. Knowledge Spectrum – Discipline - CONSULTATION WITH CENTRAL VIGILANCE COMMISSION -20
52. What is the term of the Central Vigilance and other Vigilance Commissioners?
The Central Vigilance Commissioner and other Vigilance Commissioners shall hold officer for a term of four years from the date on which they enter upon their offices or till they attain the age of sixty-five years, whichever is earlier.
53. What measures have been provided in the Act to ensure independence of the Central Vigilance Commission?
Following are some of the measures provided in the Act to ensure independence of the Central Vigilance Commission:
(a) Central Commissioner and the Vigilance Commissioners have been provided a fixed term of appointment, as seen above. (b) They are not eligible for re-appointment except that a Vigilance Commissioner may be appointed as the Central Vigilance Commissioner, for the left over period out of the total of four yers (c) On ceasing to hold office, they are not eligible for appointment as
(i) any diplomatic assignment, appointment as administrator of a Union territory and such other assignment or appointment which is required by law to be made by the President by warrant under his hand and seal.
(ii) further employment to any office of profit under the Government of India or the Government of a State.
(d) They can be removed from office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought on such ground be removed.
54. What are the functions and powers of CVC?
In addition to the functions entrusted to CVC vide Government of India’s Resolution dated 11.02.1964, the CVC Act assigns the following functions and powers to CVC:
(a) To exercise superintendence over the functioning of Delhi Special Police Establishment [DSPE] insofar as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act (PC Act) or an offence with which a public servant belonging to a particular category [i.e. a member of All India Services serving in connection with the affairs of the Union; or Group ‘A’ officer of the Central Government; or an officer of the Central Public Sector enterprise/autonomous organisation etc.] may be charged under the Code of Criminal Procedure at the same trial;
(b) To give directions to the DSPE for the purpose of discharging the responsibility of superintendence. The Commission, however, shall not exercise powers in such a manner so as to require the DSPE to investigate or dispose of any case in a particular manner;
(c) To 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 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 PC Act; or an offence with which a public servant may, under the Code of Criminal Procedure, 1973, be charged at the same trial;
(d) To inquire or cause an inquiry or investigation to be made into any complaint against any official belonging to the following categories of officials, wherein it is alleged that he has committed an offence under the PC Act:
(i) Members of All India Services serving in connection with the affairs of the Union;
(ii) Group 'A' Officers of the Central Government;
(iii) Officers of Scale-V and above of public sector banks;
(iv) Such level of 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, as that Government may, by notification in the Official Gazette, specify in this behalf, provided that till such time a notification is issued, all officers of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred to in this clause.
(e) To review the progress of applications pending with the competent authorities for sanction of prosecution under the PC Act;
(f) To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act;
(g) 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 on such matters as may be referred to it by that Government, the said Government companies, societies and local authorities owned or controlled by the Central Government or otherwise; and
(h) To exercise superintendence over the vigilance administration of various Ministries of the Central Government or corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government.
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