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PROCEDURE OF THE VIGILANCE COMMISSION
&
THE OTHER VIGILANCE INSTITUTIONS
By
B.Ramaiah, I.A.S.,( Retired)
2 2
Watchfulness, Caution, Circumspection
As applied to State function
MAINTENANCE OF PURITY AND INTEGRETY IN PUBLIC
LIFE
Vigilance is function of management
VIGILANCE
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Demand and acceptance of illegal gratification
Possession of Disproportionate Assets
Forgery ,Cheating ,abuse of official position with a view to
obtaining pecuniary advantage for self or for any other
person
Irregularities reflecting adversely on integrety of the Public
Servant
Lapses involving
Gross negligence
Recklessness
Cause of undue loss or gain to an individual or
individuals or parties
Flagrant violation of systems and procedures
VIGILANCE ANGLE
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Andhra Pradesh Vigilance Commission was set up in June 1964 on
the lines of the Central Vigilance Commission.
Central Vigilance Commission - Recommendations of the Committee
on Prevention of Corruption, headed by Shri K. Santhanam, - advises
and guides Central Government agencies in the field of vigilance.
A P V C was abolished on 03-02-1983
An one-man authority called “Dharma Maha Matra” was created – AND
was abolished on 18-8-84.
Department of Vigilance and Enforcement was created on
11.06.1985
--- to co-ordinate the activities of the various vigilance and enforcement
agencies
---- to advise the Government on matters relating to vigilance,
enforcement and anti- corruption,
INTRODUCTION
Contd..
5 5
Government revived the Vigilance Commission as it existed in the past
and restored the original role and functions ----- G.O.Ms.No.368 G.A.
(Spl.B) Department, dated 29-6-1993.
The Vigilance Commission is an independent institution and is not
subordinate to any department .
The Vigilance Commission comprises single member and is designated
as Vigilance Commissioner.
The Vigilance Commissioner is appointed by the Governor of Andhra
Pradesh, generally for a period of three years.
The Vigilance Commissioner has the status equivalent to Chief Secretary
to Government.
INTRODUCTION ----Contd
6 6
Vigilance Commissioner was appointed for AP
State vide G O
Vigilance Commissioner was appointed for
TELANGAN State vide G O ------------
Procedures etc are same as on date
VIGILANCE COMMISSIONS OF A P and
TELANGANA STATES
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Jurisdiction throughout the State .
The powers and functions of Vigilance Commission are
well defined in the scheme of Vigilance Commission in
G.O.Ms.No.421 G.A.(SC.D) Dept. dated 3-8-93 and amendments are being
issued from time to time.
Takes all measures to check, prevent and eradicate
corruption in the public services.
Takes steps to check Anti-corruption work in the
Departments / Government Undertakings / Government
Companies and such other Institutions as may be notified by
the Government from time to time. --contd--
JURISDICTION , POWERS And FUNCTIONS OF
VIGILANCE COMMISSION
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deals with any complaint, information or case wherein
the public servants, including members of All India Services,
had exercised or refrained from exercising their powers for
improper or corrupt purposes.
deals any complaint of corruption, mis-conduct, lack of
integrity or other kinds of malpractices or misdemeanor on
the part of the public servants.
Co-ordinates the work and advises the Departments,
Government Undertakings etc, in respect of all matters
pertaining to the maintenance of integrity and impartiality in
the administration
The Vigilance Commissioner is responsible for the proper
performance of the duties and responsibilities .
--contd--
JURISDICTION , POWERS And FUNCTIONS OF
VIGILANCE COMMISSION ----Contd
9 9
The Vigilance Commission is not subordinate to any
department
All cases of misconduct of public servants involving lack of
integrity having a vigilance angle, viz. Illegal gratification, bribery,
causing loss to Government and unlawful gain to themselves or
others and such other acts of corruption and criminal
misconduct like misappropriation, cheating, fraud etc. should be
referred to the Vigilance Commission for advice.
Cases of misconduct involving administrative lapses which
have no vigilance angle are not referred to the Commission.
The Vigilance Commission is at liberty to call for any file at any
time in terms of the Scheme of the Commission
JURISDICTION , POWERS And FUNCTIONS OF
VIGILANCE COMMISSION ----Contd
10 10
Acts under which offences are committed / Rules that are violated
Prevention of corruption Act 1988 .
Indian Penal Code--- ( Sections -- 166,,167,168,169,217,218,219,
409, 420-, 468-, 471 and 477A)
Andhra Pradesh Civil Services ( Conduct ) Rules1964
All India Services ( Conduct ) Rules1968
Acts and Rules followed in taking action
Criminal Law Amendment Ordinance 1944
Andhra Pradesh Civil Services ( CCA ) Rules1991.
All India Services ( Discipline and Appeal ) Rules1969
Andhra Pradesh Civil Services ( Disciplinary Proceedings
Tribunal ) Act ,1960
Andhra Pradesh Civil Services (Disciplinary Proceedings
Tribunal ) Rules1989
Andhra Pradesh Revised Pension Rules 1980.
RELEVANT ACTS AND RULES -
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The Anti-Corruption Bureau (ACB)
Directorate of Vigilance & Enforcement
Crime Investigation Department
Commissionerate of Inquiries
Vigilance Wings in Secretariat Departments, managed by
Chief Vigilance Officers
Vigilance Wings in Heads of Departments , managed by
Vigilance Officers
District Collectors-the Chief Vigilance Officers at District
level
VIGILANCE INSTITUTIONS ASSIST VIGILANCE
COMMISSIONER IN VIGILANCE ADMINISTRATION
12 12
Commission issued comprehensive procedural
instructions letter No 66/VC –A2/93-3 DT 10.10.1994
It covers ------------------ COMPLAINTS
ENQUIRY OF COMPLAINTS
ADVICE OF THE COMMISSION ON THE ENQUIRY REPORTS
SUBMITTED BY DEPARTMENTS
ADVICE OF THE COMMISSION ON INVESTIGATION REPORTS
SUBMITTED BY ACB
ADVICE OF THE COMMISSION ON THE REPORTS SUBMITTED BY
VIGILANCE AND ENFORCEMENT DEPARTMENT
ADVICE OF THE COMMISSION ON THE INQUIRY REPORTS
OF TDP.
ADVICE OF THE COMMISSION ON THE INQUIRY REPORTS OF COI AND
INQUIRY AUTHORITIES OF THE DEPARTMENTS .
ADVICE OF THE COMMISSION ON PENALTIES.
PROCEDURE-
13 13
Authorities to which complaints may be made-
The Vigilance Commission;
The Secretaries/Principal Secretaries to Government
Chief Secretary to Government
The Heads of Departments
The Director-General, Anti-Corruption Bureau
The Collectors of the Districts .
The Heads of Government Undertakings, Government
Companies and such other Institutions as may be notified
by the Government from time to time. ---contd--
COMPLAINTS
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How to file complaint-Form of complaint
in writing.-in person-by post – by e-Mail
In cases where persons give oral information,-be reduced to
writing -read over to the informant and an endorsement or
attestation taken.
If informant is not willing or is desirous of concealing his
identity, he shall not be obliged to sign
In case of anonymous or pseudonymous complaints-
normally lodged - if contents are specific ,it may be
considered
complainants to be given protection- whistle blowers
Additional Director General of Police is designated to
provide protection
Due care is exercised in case of Complaints against public
servants of known integrity ---contd--
COMPLAINTS -contd
15 15
Action to be taken by commission on complaints
complaint not contains specific, ascertainable or
verifiable allegations or allegations are frivolous, fantastic or
vexatious character- lodged
May be referred to ACB to conduct Investigation
May be referred to Vigilance and Enforcement .
May be referred to concerned department to enquire and
to furnish report.
May be referred to concerned department to take action at
their level
COMPLAINTS -contd
16 16
ON REPORTS SUBMITTED BY DEPARTMENTS
Departments submit reports on complaints referred by the
Commission to enquire and also submit reports and reports on
enquiry ordered by departments on complaints received at their
level involving vigilance angle
The reports and remarks / opinion of department are
considered and
----- further action may be dropped
--- may advise
for Filing of criminal case. ----- or
for entrusting the case to TDP . ----- or
for Initiation of Major penalty proceedings and to
appoint COI as I A ----- or
for Initiation of Major penalty r proceedings / minor
penalty roceedings by Dep. --contd
ACTION OF THE COMMISSION ON ENQUIRY/INVESTION
REPORTS
17 17
REPORTS OF ACB
ACB submits preliminary enquiry reports on complaints eferred by
the Commission or taken up otherwise.
ACB also submits preliminary reports related to trap cases,
disproportionate assets cases
In case of trap cases , the concerned departments are advised to
place the accused under suspension
In case of disproportionate assets, the concerned departments may be
advised to place the accused under suspension and to authorise the
Investigating Officer to file application before the court of ACB for
attachment of Properties of the accused to the extent of
Disproportionate Assets.
However when under custody for more than 48 hours –
recommends to place under suspension
--contd
ACTION OF THE COMMISSION ON
ENQUIRY/INVESTIGATION REPORTS ----contd
18 18
As regards to preliminary enquiry reports on complaints
referred by the Commission, it may be advised to conduct
further investigation by registering the case or for
dropping further action .
ACB also submits Final reports related to trap cases,
D A cases and on surprise checks etc
In case of Final reports in trap cases and disproportionate
assets cases , the reports and remarks / opinion of
department are considered and
---- may be advised for issue of Sanction of Prosecution for
demand and acceptance of bribe/ possessing D . Assets
or
--- Entrusting the case to TDP may be advised for demand
and acceptance of bribe/ possessing D . Assets.
or
--contd
ACTION OF THE COMMISSION ON
ENQUIRY/INVESTIGATION REPORTS ----contd
19 19
Initiation of Major penalty proceedings and to appoint
COI as I .A for demand and acceptance of bribe/
possessing D. Assets.
Initiation of Major penalty proceedings for demand and
acceptance of bribe/ possessing D Assets.
Initiation of Major penalty proceedings / minor penalty
proceedings as regards to violation of conduct Rules
Similar type of advices are tendered in case of Surprise
Checks etc -contd
ACTION OF THE COMMISSION ON
ENQUIRY/INVESTIGATON REPORTS ----contd
20 20
REPORTS SUBMITTED BY V& E DEPARTMENT
The reports and remarks / opinion of department are
considered and advised for
----- Initiation of Major penalty proceedings / minor penalty
proceedings against employees reported to have
committed irregularities
---- may be advised for filing criminal case against employees
committed offences / agencies / firms
----- for blacklisting of agencies/ firms etc
------ may be advised for recovery of loss from contractors etc
------ may be advised to carry on amendments to Acts/
Guidelines-
ACTION OF THE COMMISSION ON
ENQUIRY/INVESTIGATION REPORTS ----contd
21 21
Reports of T D P
The reports of TDP and the remarks as well as the
provisional decision taken by the concerned department are
duly considered
It may be advised to remit the case to TDP to hold further
inquiry specifying the reasons --Rule 6(1) ( c ) APCS (TDP) Rules 1989
It may be advised to communicate a copy of the Report to the
charged officer , with specific disagreement factors, if any
------Rule 6(1) (b) APCS (TDP) Rules 1989
It may be advised to drop further action in case the charges are
not held proved with proper justification.
----contd
ADVICE TENDERED BY THE COMMISSION ON THE
INQUIRY REPORTS
22 22
Reports of COI / inquiry Authorities of departments
The reports of COI / I A and the remarks as well as the
provisional decision taken by the concerned department are
duly considered
It may be advised to remit the case to COI/ IA to hold further
inquiry specifying the reasons --Rule 21 (1) APCS (CCA) Rules 1991
It may be advised to communicate a copy of the Report to the
charged officer , with specific disagreement factors, if any
------Rule 21 (2) APCS (CCA) Rules 1991
It may be advised to drop further action in case the charges are
not held proved
---contd
ADVICE TENDERED BY THE COMMISSION ON THE INQUIRY
REPORTS ----contd
23 23
The Explanation offered to the show cause notice issued to
the charged officer while communicating the copy of Inquiry
Report, analysis/ remarks as well as the provisional decision
taken by the concerned department are duly considered
It may be agreed with the proposed penalty
It may not be agreed with the proposed penalty proposed by the
department when it is found that it is not commensurate with the
misconduct proved
It is ensured that the penalties advised are rational, uniform and
as per the orders issued by the Government from time to time.
Preponderance of probability is sufficient to hold the charge held
proved and it need not be beyond reasonable doubt
ADVICE TENDERED BY THE COMMISSION AS REGARDS TO
PENALTY TO BE IMPOSED
24 24
The Commission tenders advice on treatment of the period under
suspension
Advises as regards to Further action to be taken when the
accused are convicted
Advises as regards to Further action to be taken when the
conviction orders issued by ACB Court / trial court are set a side
by the Honble High Court
Advises on any other matters related to administration of
vigilance
The departments may deviate from the advice tendered by the
Commission , but they have to seek the orders of Honble Chief Minister
by circulating the file through Chief Secretary and the Minister concerned.
OTHER ASPECTS
25 25
ANTI-CORRUPTION BUREAU Headed by Director General –officer of the cadre of DGP/Addl
DGP- Under the control of GAD
Investigates in to the cases of bribery, corruption, criminal
misconduct--- all cases come under Anti Corruption Act
Takes suo motu- referred by APVC, C S , LOKAYUKTA.
Conducts Discrete Enquiries-confidential-complainant may be
contacted – but not the public servant against whom enquiry held
Conducts Regular enquiries -complainant and the public servant
against whom enquiry held and others are enquired
---contd
OTHER VIGILANCE INSTITUTIONS
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ANTI-CORRUPTION BUREAU
may convert Discrete Enquiry in to Regular enquiry to Registered
case and take up investigation
Permission of DG shall be obtained for registration of the case .-
AIS – permission of CS
conducts Surprise checks – TRAPS –Conducts raids to unearth
Disproportionate Assets
Prepares AOCs- provides P .O
No enquiry be taken up by departments when the Bureau takes
up investigation.
ACB will not take up investigation when Lokayukta seized the
case
Departments to cooperate.
---contd
OTHER VIGILANCE INSTITUTIONS
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DIRECTORATE OF VIGILANCE AND ENFORCEMENT
Headed by Director General –
Under the control of GAD-
Officers in the Cadre of Superintendent / Additional
Superintendent of Police designated as Regional Vigilance and
Enforcement Officers (RV&EOs) with full complement of Executive
and Ministerial Staff at Regional level.
organized into four (4) Wings - Development Works Wing,
Engineering Wing - Revenue Wing and Natural Resources Wing.
---contd
OTHER VIGILANCE INSTITUTIONS--contd
28 28
DIRECTORATE OF VIGILANCE AND ENFORCEMENT .
Investigates in to the allegations affecting public interest -
prevention of leakage of Revenue,
detection of misuse or wastage of Govt. fund-
prevention of loss to state wealth and natural sources
prevention of loss in Public sectors etc
state wealth and natural sources
Advises the Government regarding amendments to procedures
etc
Takes suo motu- referred by APVC , CS , LOKAYUKTA , CMO
Does not prepare AOCs- provides P .O
---contd
OTHER VIGILANCE INSTITUTIONS--contd
29 29
CRIME INVESTIGATING DEPARTMENT
Under the control of Home department
Investigates in to the allegations that come under the Sections
166,167,168,169,217,218,218,409, 420-, 468-, 471 and 477A
of I P C
Particulars of crime, the persons responsible, amount involved
to be furnished in the complaint.
Misappropriated amount to be finalised before entrusting to
C I D
Relevant records like forged documents, audit reports,
receipts ,vouchers , preliminary enquiry report , specimen
signatures of the persons involved etc to be handed over to C I D
To be entrusted through Home department
OTHER VIGILANCE INSTITUTIONS--contd
30 30
CHIEF VIGILANCE OFFICERS –VIGILANCE OFFICERS
CVO FOR EACH DEPARTMENT
VO for Head of Office
District Collectors – CVOs in the District
CVOs and VO be independent charge .
Duties and Responsibilities
Job chart on the role of the Chief Vigilance Officers and the
Vigilance Officers in G.O.Ms.No.104 G.A. (Spl.B) Dept. dt. 4-4-2003.
T he C.V.O. / V.O. shall assist the Secretary/ HOD concerned in all
matters involving vigilance angle.
The duties are broadly categorised under preventive vigilance and
punitive vigilance.
OTHER VIGILANCE INSTITUTIONS--contd
31 31
THE INSTITUTION OF LOKAYUKTA AND UPA LOKAYUKTA
Constituted under A P Lokayukta and Upalokayukta Act 1983
Investigates in to allegations of Public Servant abused the
official position to obtain personal gain, for the undue benefit of
others, to cause loss ,harm to any person by improper and
corruptive motive
Though Act provides does not take /exercise jurisdiction on AIS
Officers as per the orders issued in a particular case by the Hon ble
High Court.
Public servants summoned should attend in person except when
to produce only the records
Action to be taken as per the inquiry held by Lokayukta ---Rule 27
APCS (CCA) Rules 1991
OTHER VIGILANCE INSTITUTIONS--contd
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A.P.C.S. CONDUCT RULES 1964 IN BRIEF
Rule Content
3(1) Government servant to have devotion to duty
3(2) Shall not behave - unbecoming of employees/derogatory to the prestige
of Govt.
3(3) Not to act - official position is placed in embarrassment
3(4) When does something under the direction of superiors - be obtained in
writing.
3(5) to ensure integrity and devotion of duty by all subordinates.
3(6) shall not employ one below the age of 14
3A not to join association whose activity is prejudicial to sovereignty of
Government.
3B COURTEOUS to public
3C not to be discourteous or discriminate ----- not to indulge in sexual
harassment – ( details specified)
4 Shall not participate in strike – other such things (details)
5 Not participate in demonstration – against sovereignty of Government.
Contd..
33
Rule Content
6 Shall not accept gifts – not to accept any felicitations – stay in guest
houses of private persons.
6A To intimate to Govt. and within 15 days when article worth Rs.10000 is
purchased.
7 Not to ask for subscription in any firm.
8 Not involve in lending /borrowing of money
9 To inform whenever immovable properties are acquired – details are
given intimated.
10 Shall not engage in private trade.
11 Not to manage/ promote private companies.
12 Not to take up private employment without prior permission.
13 Shall not publishc booths without permission.
14 Shall not communicate official information.
15 Not to have connection with press – without permission.
16 Not to participate in radio broard cast etc., - without prior permission.
Contd..
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Rule Content
17 Shall not criticise the policy of the Government.
18 Not to give evidence before the commissions with out permission
19 Shall not associate/take membership in political party.
20 Relates to approach press or court for the vindication of his official
duty/act which is subject matter of adverse criticisism.
21 When works with subordinates who are his relatives – be informed to
Govt.
22 Information as regards to getting a member of family in a private firms
with which official connections are there.
23 Shall not deal the issues related to himself – dependents – in official
capacity.
24 Shall not bring influence/extraneous influence for personal
furtherance.
25 Shall not indulge in bigamous marriage (personal permits – prior
permission to be obtained).
25A Shall not give/ take /abet to give dowry
26 Shall not take intoxicating drinks while an official duty.
35 35
Thank You
