Powers & Functions of CVC

Powers and Functions of CVC

• To exercise superintendence over the functioning of the Chandigarh Vigilance Cell/ Police Station Vigilance, UT Chandigarh with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain categories of public servants and to give directions to the Chief Vigilance Officer/ Chief Vigilance Commission for purpose of discharging this responsibility;
• To review the progress of investigations conducted by the Vigilance Cell into offences alleged to have been committed under the PC Act;
• To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organization, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner;
• To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.;
• To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organizations to which the executive power of the Union extends; and

Vigilance Organisational Set Up in the Union Territory of Chandigarh

The Adviser to the Administrator of Chandigarh Administration is also the Chief Vigilance Officer of this administration. The Chief Vigilance Office files are processed and submitted to the Chief Vigilance Officer through the Secretary Vigilance and Special Secretary Vigilance. A separate Police wing is known as Vigilance Cell/ Police Station Vigilance and Anti-Corruption Police Unit headed by an officer in the rank of Deputy Superintendent of Police known as Officer on Special Duty has been set up under the direct control of the Chief Vigilance Officer and Superintendent of Police-cum-Incharge, Vigilance Cell, Chandigarh.

Functions of Chief Vigilance Officer :

He is primarily responsible for the enforcement of anti-corruption measures of the Chandigarh Administration and of the instructions/guidance issued by the Central Vigilance Commission, New Delhi for the maintenance of integrity in the public services. As per the provisions envisaged in the Vigilance Manual, 2017, Para No.2.12, a CVO heads the Vigilance Division of an Organization and acts as an advisor to the Chief Executive in all matters pertaining to vigilance. He is also the nodal officer of the Organization for interaction with CVC and CBI. Vigilance functions to be performed by the CVO are of wide sweep and include collecting intelligence about the corrupt practices committed, or likely to be committed by the employees of his Organization; investigating or causing an investigation to be made into allegations reported to him; processing investigation reports for further consideration of the disciplinary authority concerned; referring the matters to the Commission for advice wherever necessary; taking steps to prevent improper practices and commission of misconducts, etc. Thus, the CVO’s functions can broadly be divided into three categories, as under: -

• Preventive vigilance
• Punitive vigilance
• Surveillance and detection

Para No.2.12.2 provides that “while ‘punitive action’ for commission of misconduct and other malpractices is certainly important, ‘surveillance’ and ‘preventive measures’ to be taken by the CVO are comparatively more important as these are likely to reduce the occurrence of vigilance cases. Thus, the role of CVO should be predominantly preventive.”

The Petitions/Complaints/source reports sent by the Central Vigilance Commission, New Delhi/Ministry of Home Affairs, New Delhi/Central Bureau of Investigation are examined with due care at the Level of Senior Officers of the Administration and where ever required/sent to the Superintendent of Police, Vigilance and Anti-Corruption Police Unit, U.T. Chandigarh for enquiry. In case, prima facie case is made out, appropriate action, either disciplinary or legal proceedings are initiated against the charged government servant with the approval of Competent Authorities and with the advice of the Central Vigilance Commission, as the case may be.

Organisational Setup in the Chief Vigilance UT Chandigarh

The Office of the Superintendent of Police (Vigilance), U.T. Chandigarh consists of the following staff strength: