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.
Central Vigilance Commission is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.
Consequent upon promulgation of an Ordinance by the President, the Central Vigilance Commission has been made a multi member Commission with “statutory status” with effect from 25th August, 1998.
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.
The Commission consists of—
A Central Vigilance Commissioner – Chairperson;
Not more than two Vigilance Commissioners – Members;
They are appointed by the on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs and the Leader of the Opposition in the Lok Sabha.
The salary, allowances and other conditions of service of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC.
But they cannot be varied to his disadvantage after his appointment.
The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners’ Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI).
The Secretariat consists of a Secretary of the rank of Additional Secretary to the GOI, four officer of the rank of Joint Secretary to the GOI, thirty officers of the rank of Director/Deputy Secretary (including two OSDs), four Under Secretaries and office staff.
Chief Technical Examiners’ Wing (CTE)—
The Chief Technical Examiner’s Organisation constitutes the technical wing of the Central Vigilance Commission (India) and is manned by two Engineers of the rank of Chief Engineers (designated as Chief Technical Examiners) with supporting engineering staff.
The main functions assigned to this organisation are—
[a] Technical audit of construction works of Governmental organisations from a vigilance angle;
[b] Investigation of specific cases of complaints relating to construction works;
[c] Extension of assistance to CBI in their investigations involving technical matters and for evaluation of properties in Delhi; and
Tendering of advice/assistance to the Commission and Chief Vigilance Officers in vigilance cases involving technical matters.
Commissioners for Departmental Inquiries (CDIs)—
There are fourteen posts of Commissioners for Departmental Inquiries (CDI) in the Commission, 11 in the rank of Director and 03 in the rank of Deputy Secretary.
The CDIs function as Inquiry Officers to conduct Oral inquiries in departmental proceeding initiated against public servants.
Functions and powers of the Central Vigilance Commission—
Exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.
Give directions to the Delhi Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.
To inquire or cause an inquiry or investigation to be made on a reference by the Central Government.
To inquire or cause an inquiry or investigation to be made into any complaint received against any official belonging to such category of officials specified in sub-section 2 of Section 8 of the CVC Act, 2003.
Review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Cr.PC.
Review the progress of the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
Tender advice to the Central Government and its organizations on such matters as may be referred to it by them.
Exercise superintendence over the vigilance administrations of the various Central Government Ministries, Departments and Organizations of the Central Government.
It has all the powers of a Civil Court while conducting any inquiry.
Respond to Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services.
The Central Vigilance Commissioner (CVC) is the Chairperson and the Vigilance Commissioners (Members) of the Committee, on whose recommendations, the Central Government appoints the Director of Enforcement.
The Committee concerned with the appointment of the Director of Enforcement is also empowered to recommend, after consultation with the Director of Enforcement appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement.
Commission’s Jurisdiction under CVC Act—
Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government.
Officers of the rank of Scale V and above in the Public Sector Banks.
Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings.
Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings.
Managers and above in General Insurance Companies.
Senior Divisional Managers and above in Life Insurance Corporations.
Officers drawing salary of Rs.8700/- p.m. and above on Central Government D.A. pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.