106. Knowledge Spectrum – Discipline - CONSULTATION WITH CENTRAL VIGILANCE COMMISSION -22
57. What are the cases having vigilance angle?
Vigilance Manual (Sixth Edition, 2005) indicates two categories of cases having Vigilance Angle, viz. the cases which indisputably have vigilance angle and the cases which, depending upon the facts and circumstances have vigilance angle.
Para 1.6.1 illustrates the following acts wherein Vigilance angle is obvious:
(i) Demanding and/or accepting gratification other than legal remuneration in respect of an official act or for using his influence with any other official.
(ii) Obtaining valuable thing, without consideration or with inadequate consideration from a person with whom he has or likely to have official dealings or his subordinates have official dealings or where he can exert influence.
(iii) Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a public servant.
(iv) Possession of assets disproportionate to his known sources of income.
(v) Cases of misappropriation, forgery or cheating or other similar criminal offences.
Besides, para 1.6.2 provides the following illustrative list of irregularities where circumstances will have to be weighed carefully to take a view regarding the officer’s integrity:
(a) Gross or willful negligence; (b) recklessness in decision making; (c) blatant violations of systems and procedures; (d) exercise of discretion in excess, where no ostensible public interest is evident; (e) failure to keep the controlling authority/ superiors informed in time
The manual suggests that in these types of cases, the disciplinary authority with the help of the CVO should carefully study the case and weigh the circumstances to come to a conclusion whether there is reasonable ground to doubt the integrity of the officer concerned.
58. How to deal with the cases which do not have a vigilance angle?
Cases which do not have a vigilance angle will have to be dealt with departmentally.
59. What is the procedure for seeking first stage advice?
CVC has vide its Circular No. 21/8/09 dated the 6th August 2009 prescribed revised format for the proposals seeking first stage advice. A copy of the letter is annexed herewith for ease of reference.
60. What is the procedure for seeking the second stage advice of CVC?
Based on the recommendations of the Hota Committee (Committee of Experts to review the procedure of Disciplinary/Vigilance Inquiries and recommended measures for their expeditious disposal), DoPT, vide its OM No. No.372/19/2011-AVD-Ill(Pt.1) dated the 26th September, 2011 has dispensed with second stage consultation with CVC in disciplinary matters where UPSC is consulted. However, in those cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC should continue.
In respect of the cases where CVC is to be consulted, the details of the documents to be forwarded is available in Circular No. 21/8/09 dated the 6th August 2009 annexed to this chapter
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