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How to Conduct/Defend Departmental Inquiry
Vigilance Manual of Central Vigilance
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[Source: CVC Vigilance Manual]
Central Vigilance Commission - Vigilance Manual - Page: 1 of 10

CVC Manual, which can be accessed from their web site, contains very useful and essential information for Bank officer, even though these are primarily intended for Central Government civil servants based on and exclusively quoting C.C.S.(C.C.A)Rules 1965. You can access the website of CVC at the address http://www.cvc.nic.in. The link for accessing the "CVC Manual" is in the Home Page itself. If you do not find the link, the Home Page provides "Search Facility". You may search for "CVC MANUAL" using the Search Facility and get to the same

There are 18 chapters in the Manual. Chapter-VIII Dealing with Temporary Government Servants and Chapter XVI- dealing with Consultation with UPSC are not totally relevant to Bank Officers. Saving this a Table of Contents of the remaining 16 chapters are given here under. The full text of there chapters dealing basically with inquiry procedures followed by the Commissioners of Departmental Inquiry of CVC i.e.Chapter -10 and Chapter -11 and also Chapter -12 are given in this web-site. These are also relevant for Inquiries of vigilance and non-vigilance types being conducted by the Banks.

Chapter -1 deals with Organizational information about Central Vigilance Corporation. The information is incorporated in the project on "Crime & Punishment. Information about Central Bureau of Investigation is also given in the same project. You may avail the hyperlinks and visit these chapters and refer to the detail, whenever needed.

Chapter-II deals with Complaints. The particulars are included in Part II of Departmental Inquiries in the web-page titled Complaints

Chapter -III deals with preliminary investigation. The contents of the chapter is included in two web-pages Investigation and in the next chapter, for which link is provided therein.

The Vigilance Manual brought out by the Central Vigilance Commission has been found to be extremely useful by all who are involved in various areas of vigilance administration. The Manual is updated by the Commission from time to time to take on board revisions and modifications to the rules effected from time to time. When this website was hoisted in the year the 5th edition of the manual published in the year 1991 was hoisted. CVC has commenced revising the manual in the year 2005 and has published the first volume covering Chapters I to VI. The other matters are being followed as per old manual until the second volume is published old manual continues. Relevant guidelines in respect of other chapters of CVC Manual are included in the different chapters on Departmental Inquiry discussed in this web site. However for a complete text you may access and refer to contents of these chapters direct from CVC Web site at the web-address given above. The numbers given after each subject title refer to the page Number in the 6th/5th edition of the Manual.

Table of Contents(Chapters I to VI New Manual & remaining Old Manual)
Chapter I - Organisation
  1. Introduction – 1

  2. Administrative Vigilance Division- 1
  3. Central Vigilance Commission - 1-8
  4. Chief Vigilance Officer’s Organisation - 8
  5. Central Bureau of Investigation - 8-10
  6. Vigilance Angle - 10-11
  7. Determination of Vigilance Angle in Banking Sector - 11-12

CHAPTER II -CVO Appointment, Role and Functions
  1. Background 13

  2. Procedure for appointment of CVO 13-15
  3. Tenure of CVO 15
  4. Short- term arrangement in the post of CVO 15
  5. Association of CVOs with sensitive matters 15-16
  6. Permanent absorption of CVOs in PSUs 16
  7. Assessment of the CVOs’ work 16
  8. Role and functions of CVOs 16-17
  9. Preventive Vigilance 17-18
  10. Punitive Vigilance 18-21
  11. Surveillance and Detection 22
  12. Organising review meetings 22
  13. Submission of reports and returns 22
  14. List of Select organisations 23-25

Chapter III - Complaints
  1. Definition 26

  2. Sources of Complaint 26-27
  3. Complaints received from subordinate officials 27
  4. Initial action of complaints received by Ministries/Departments etc 27-28
  5. Scrutiny of Complaints 28
  6. Disposal of Complaints 28
  7. Complaints received in the CVC 28
  8. Action on Anonymous/Pseudonymous complaints 29
  9. Co-operation of voluntary public orgns., press and responsible citizens in combating corruption 29-30
  10. GOI Resolution on Public Interest Disclosure and Protection of Informer 30-31

CHAPTER IV - Preliminary inquiry/investigation
  1. Agency for conducting investigations 33

  2. Competency to refer the matter to CBI 33
  3. Parallel investigation by departmental vigilance agency and the CBI 33-34
  4. Preliminary inquiry/investigation by departmental agencies 34-36
  5. Submission of report by departmental investigating officer 36
  6. Authority competent to take a view on investigation 36-37
  7. Investigation by Central Bureau of Investigation 37
  8. Forwarding of copies of FIR/PE registration reports to administrative authority 37-38
  9. Registration of cases against officers of decision making levels 38
  10. Technical assistance from CTE organisation 38
  11. Technical assistance in investigation of cases pertaining to Railways and Defence 38-39
  12. Submission of reports by the CBI 39-40
  13. Expeditious completion of investigations by the CVOs and the CBI 40-41
  14. Investigation against officers on deputation 41
  15. Review of cases entrusted to the CBI 41
  16. Registration pending investigation/inquiry 41
  17. Action against person making false complaint 42-43
  18. Grant of immunity/pardon to approvers 43-44

CHAPTER V - Facilities and Co-operation to be extended by Administrative Authority to the CBI during investigation of cases.
  1. Full Co-operation to be extended 45

  2. Inspection of record by SPE 45-46
  3. Inspection of classified/graded documents 46-47
  4. Obtaining documents from audit office 47-48
  5. Examination of disputed documents by GEQD 48-49
  6. Technical assistance during investigation 49-51
  7. Transfer of employees on CBI’s recommendation 51
  8. Assistance in laying traps 51-52
  9. Action to be taken when a bribe is offered to a public servant 52
  10. Examination of witnesses 53
  11. Accommodation/communication transport facilities 53
  12. Arrest/handing over of defence personnel etc. to civil police 53
  13. Suspension of a public servant 53-54
  14. Close liaison between the SPE and the Administrative authority 54

Suspension
  1. Introduction 55

  2. Authorities competent to place a public servant under suspension 55-56
  3. When a Govt. Servant may be suspended 56-59
  4. Deemed Suspension 59-61
  5. Order of suspension/deemed suspension 61>
  6. Headquarters during suspension 61-62
  7. Modification/revocation of order of suspension 62
  8. Appeal against the order of suspension 62
  9. Consideration of appeal by the appellate authority 62
  10. Duration of order of suspension 63-64
  11. Revocation of suspension order 64-65
  12. Speedy investigation into cases in which an officer is under Suspension 65-66
  13. Acceptance of resignation/notice for voluntary retirement during Suspension 66-67
  14. Promotion of an officer under suspension 67-71
  15. Grant of leave while under suspension 72
  16. Marking of attendance by a suspended employee 72

The above first six chapters pertain to the New CVC Manual – Volume -I Published in year 2005. The following chapters are from the old Volume Published in the year 2001. In the latest Manual therem is inclusion of a new Chapter –“ CVO - Appointment, Role and Functions” as Chapter –II. Hence chapter VI is contained in both volumes.

CHAPTER VI - Penal provisions pertaining to bribery and corruption among public servants.
  1. General. 81-82

  2. Definition of Public Servant. 82-83
  3. Public Servants taking gratification other than legal remuneration and abutment thereof - offence and penalties. 83-91
  4. Offences of Criminal Misconduct. 91-93
  5. Section 13(1)(c) of Prevention of Corruption Act, 1988. 93-94
  6. Clause (d) of Section 13 (1) 94
  7. Clause (e) of Section 13(1) 94-95
  8. Presumption of the guilt of the accused. 95-97
  9. Accused to be competent witness. 97
  10. Matters to be taken into consideration for fixing fine. 97
CHAPTER VII - Prosecution.
  1. Sanction for prosecution. 98-99

  2. Need for sanction. 100-101
  3. Authority competent to sanction prosecution. 101-103
  4. Form of sanction. 103
  5. Fresh sanction after re-investigation. 103-104
  6. Authentication of sanction issued by Central Government. 104
  7. Authentication of sanction issued by other competent authority. 104-10>
  8. Proof of signature. 105>
  9. Investigation by Central Bureau of Investigation. 105-106
  10. Procedure for obtaining sanction of Central Government. 106-108
  11. Procedure for obtaining sanction of other competent authority. 108-109>
  12. Cases where two or more Government servant belonging to different Ministries/Department, or under the different cadre controlling authorities are involved. 109
  13. Records to be sent with the report. 109-110
  14. Action after judgement. 110-11
  15. Action after acquittal. 112
  16. Departmental action after acquittal. 112-114
  17. Setting aside the orders of penalty. 114>
  18. Withdrawal of prosecution. 114-115

CHAPTER VIII - Action against temporary Government servants.

[Not relevant for Officers of Nationalised Banks]

CHAPTER IX- Constitutional provisions
  1. General. 126

  2. Power to make rules governing conditions of service. 126-127
  3. Special provisions relating to certain categories of Government servants. 127-128
  4. Persons engaged on special contract. 128-129
  5. Alternations in conditions of service. 129-130
  6. Alternations in conditions of service of persons appointed on contract. 130
  7. Employees of departmental public sector undertakings. 130-131
  8. Employment public sector undertakings. 131
  9. Tenure of service. 131
  10. Article 310 of the Constitution (Doctrine of pleasure) 131-133
  11. Article 311 of the Constitution. 133-138
  12. Dismissal, removal and reduction in rank. 138-139
  13. When 'termination of service' will amount to punishment of dismissal or removal. 139-140
  14. Permanent Government employees. 140
  15. Temporary Government employees. 140-142
  16. Quasi-permanent employees. 142-143
  17. Discharge of probationer/person on probation. 143-144
  18. Officiating appointment. 144
  19. Reduction in rank. 145
  20. Services covered by Article 311 145
  21. Authority competent to dismiss or remove [Article 311 (1)] 145-146
  22. Reasonable opportunity or natural justice. 147-151
  23. Exceptions to Article 311 (2). 151-153
  24. Summary of principles laid down by courts. 153-155

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