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MAI\UAL

DEE'AF.TNI^ENT OF VIGII,ANCEt

GC'VE,RNMENT OF PUNJAB

20-4-19\93

" ( STRICTLY FOR OFFLCE usE O!{LY )L.].-e

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MANUAL

DEPARTMENT OF VIGILANCE

GOVERNMENT OF PUNJAB

20-4-1998

( STRICTLY FOR OFFICE USE OIIILY )

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Preface

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Thc Special Enquiry Agency, the investigativc wing was christened as vigiranceBureau and placcd rurdcr the direct control of the Departmeat.

Thc Manual for thc Dcpartrncnt was pr€p&red in 1967, Thcobjectivcs and functions of thc dcpartnent wcrc dcscribcd. It contained fewinstructions and was completcry silent on thc procedurc to be forowed in thedepafimert. However it describcd in detail thc procedurc for dcpartnental action.

Abnost all the instructions of the departmcnt havo bccn issued in1967 0r thereafter' A well trefincd procedurc is now bcing forowed for dearingwith thc compraints' punjab punishmcnt and Appeats Rulcs have bccn separateiyframed for dcparhcntal action by the D€partmcnt of personnel. There is rinlc

-frstification for incorporating thcm in thc Manual of this Dcpartment. Thcg154rrrt 9f 1962 is tbcrcfore

lnpcrativc.

hardly of any use and its revision has become

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The punjab Govcmmcnt set up thc Vigilancc Department in1967' Thc vigilance commission which was firnctioning earller was aborished.

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The government is contemPlating revamping of thc dePartrnent

with a view to making it morc cffcctive' The matter is under consid€ration of a

high level committee heatled by the Chief Secretary and having Principal

Secretary Vigilance and other senior ofEcers as members' The working of the

Department came up for discussion beforc the Cabinet in its meeting held on 18-

3-l9gg. Some Ministers fert that the present working of the Department was not

very satisfactory. The vigilancc enquiries were delayed causing harassment to the

employees. They desired that the Departrnent of Vigilance should prepare a

comprehensive proposal for its rcorganisation' ahg mx(g1will be takcn to Cabinet

once the proposals are finalized by the committee'

The flinctions, set uP , Procedure and insttuctions of the

departsnent have been summarized in the Manual' It is a self contained and

comprehensive document' It is meant for office use only and its objective is to

helP the departrnents handle the cases of comrption in a systematic manner'

instnrctions contained in thc Manual arc not intended to overridc or bye pass m

any way the normal procedures of administration' law or justice'

Functions and set uP of the department have b;en explained in

Part - L Part Il describes in detail the procedure followed in thc dePartment' The

frmioning of the departnent has been comparcd with thc Central Vigi

Cmissiod and lhe Central Bueau of Investigation in Appendix ' I' The number

d aquirics and thc success ratc of court cascs is given in Appendix - II'

Suggestions fo

The instnrction

They have been

finalisation ofpr

Chandigarh

20-4- 1998

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the

Suggestions for strengthcning the department are conrained in Appendix - III.The instructions issued from time to rime are contained in Appendix - IV.

Normally Appendix I, II and III are not included in the Manual.They have been included in rhis draft manuar. The manual wi, be finarised aIlerfinalisation ofproposals by thc high level committee.

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and

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20-4-199S

Chandigarh

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Sug'it Singh IAS

Principal Secretary Vi gi lance

Satish Chandra IAS

Speciafsecretary Vigilance

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PART

2l10/1/80 Ce,lrfr,

Contents

PART.I : FUNCTIONS AND SET UP OF

VIGILATiCE DEPARTMENT

Page

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lmportant t

O.tc

,111167 Enquirtho Cl

r u9/ 67 Establjurisdi,

FunctiEt216E

r/d68 Eradicpar6ll(

,Gove

2'll5n1 Misus,

515ns rl9- p,lnvoslr

PolicyvigilanClassGoverOftico,

11nnd No pa

pl'o3ol

y1t 9 CompDenut

19l4ng Misus

lgl0ng PoticyBortier

21nzng Adnlirt€nd (

1 Establishment

2 Objectives

3 Functions

4 Set UP of the DePartment

I Administrative Wing

II Vigilance Bueau

ilI Commissioner of Enquiries

fV Chief Vigilancc Offtcer

U. TNSTRUCTIONSOF THE DEPARTMENT

I Jurisdiction

2 Procedure

3 Sourcc RcPort

Pretiminary / Rcgular Enquiries ( PE/RE )

D ep artmental EnquirY

3

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4

5

5

6

9

10

4

5

13

15

18

18

19

L

915n8

L

Anon)rmous / False Complaints

Trap

Raid

Criminal Case

Sanction for Prosecution

Vigilmce Clearance

Miscellaneous

APPENDIX - I CVC AND CBI

Central Vigilancc Commission

l. Composition

2. Iwisdiction

3. Functions

4. Rolc

5. Procedurc

Punjab Vig Dcpt rnd CVC

Ccntrel Brrcru of lnvcstigation

23

24

-r7

11

23

23

21

t7

29

29

29

29

30

31

31

35

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.{.PPENDIX - II \\,ork Loed

Conviction Rate

Commissioner for Enquiries

n,t2

Copisancc of Complaints

Sct Up of VB - Multidisciplinary Body

Jurisdiction

Posting of Ollicers

Technical Ofliccrs

Source Report

Surprise Checking

lnquiries

Criminal Cascs / Santtio for pr,orccution

Trap

Disproportionatc Asscta

Chicf Vigilance OIEccrr

Prcrcntivc Actioal3

2

3

37

39

39

39

41

-.{PPENDIX - III Suggertlonr for Strengthcnlag

the Deprrtment

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41

46

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48

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l1 Dctection

15 Delay

Appendix - IY IDstructlotr3 of tie Departmenl

See next prgc

54

54

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lmportant lnstructions of the Vigilance Department

Subl6ct

3r/1/67

1A9/ 67

tiz6E

93r/E

llnne

61Enquiry against IAS anrt PCS officers only with thc approval of

tha Chief Secretary in th€ Oepartment of Personnol'

€/68

2r.fgll Misuse of government vehiclss

llgpqdDlnquiry by th9 AD if tho matlor i3 undar

lnvcstigatlon in ths VD

Establishmsnt of Vigilanco Oepanment. Sot UP, functionr and

iurisdiction dofined.

Functions of Chi6f Vigilanc6 Officors and Vigilanco Officars

Eradication of CorruPtion :VD to onqulr8 agalnst NGOS, No

parallcl snquiry by the AD if VO soized of tho mstler

,Go"".rent p",rission for raids on AIS oflicers 6nd HODs

Policy and procedure relatng to Vigilanco enquiry tndvigilanco cases: VD to concontrate on GOs, VB can arrest

Class ll ofiicor in trap casos, RE/FlR against GOs with

Govommont p.rmission, VB cen reid th€ rosidonca of Class ll

Officcrs.

No parallel €nquiry by tho AD .t the timo of granl olpros6cution

E2

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70

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78

80

84

86

92

95

3fln9

t9r09 Misusa ol govomment vchlclos

l$loftg Policl and Procedurc :Jurhdicuofl oxlsnded to Aulonomous

Bodies and CorPorations; NGO',;

2ln2n, Administrativo departmsnt! 6sked to maintain registets and

s€nd quarterty roports to h€ Vigilancs Dopartment'

88

tofl/80 Cartificate of lntegrity for Promotion €tc. 102

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IComplaints against lho golica ofr1cor3 of VB to be rofoncd to

Deputy Commis3ionof! br reporl

20r&80 Expedit'Dus disposal and streamlining the scrutiny of vigllance

2!rl 116.4 Appoinl

110 ryt 1/E4 No para

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23't33

112 20t/66

a fita7

21t6lE7

yT tat

r911/87

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Monitqqmcen

Routhrvigilanc

Uf IT4 Tine Limits : PE-one monthi RE' six monthsi Challans'six

rnonths

251J30 No parallel enquiry by the AD if matter under investigation in

ths vO

!?/'t't Action under section 182 and 211 lec agahst Persons making 114

wild and baseless allegations

2ratlt fime Limits : PE - 2 monthsi RE - 6 months

120

Vlg anc6 clearanco : Promotion and Foreign visit : Class I and

ll otficers

Sqrrce Reports : lnitiation Thereof- VB to record rflidavit from

;;;p;:;;t. Action be initiated asainst iho offic€r if the

.i,"gi,*. in his source reporl are found to bo false

Guidelines lor improving tho \'Yorking of the VB- VB to look into

L."" "tlt*t.' brirnin-"t oft*""t and moral turpitude'

Vigilanca Oepartment to refor caso of departmental action

.gilliAir^ib Scrvicc of{icers to respcctivo dcpartments

No cognieance of anonyrEus @mplaints and such complaints

.r. to bo de.troyod and flled

Effcct of RE/PE on promotion/pcnsion : lt can be withheld only

i i:l",oi n"" o*n put up or Chargesheot has been seNed(

lsBued bY oOP )

Expedltious disporal of DE pending with the lO(V)

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52ft

21nlg1

21nla1

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4]8112

prosecL

. Senctix

i.f -'itt o"p"

toM. ,

Officersj

No Parafor p_-rox

Govgrnntraps an(Otficers ,

l5rus:l VB can rcgister RE against Cla3s ll Otlic€r

No arallol en thi AO at the time of grant of sanction of

Sanclionwlro refuireaso{r.

7na8E All compiofficers re

AD.

zuf 189 Don't entr

7r1,9'l grex Coa

?4nF1 VQ to sanrt!='}' vI

Enquiri6s against Sarpanches, Panches and Municipal

Commrssioners mt to b€ don€ by the VD'

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ca ses

103

105

108

15ru83

7l11

124

1201

Sourcs F

Source.FsP. I

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,ral

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103

23t,83105

114

117

120

124

)1 .r z916 8

TnasE126

Monitoring the working of Chief Vigilanco Officers,/ VigilancoOfiicers

Routino complaints against GOs to be r€ferrod to AO, Novigilance clearance for promotion casss.

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144

146

148

150

151

153

155

108 8fi1/84 Appointment of CVOS 139

110 ry11/E.l No parallol enquiry by the AD at the timo of grant of sanction of 141prosecution.

112 2!yEE6 Sanction tor prosecution - AD not to hold any parallel enquiry

2,d6187 Ofiicers to bc associated with th€ enquiries that is pE/RE

YlllT No Parall€l En tho AD at the time of nt of sanctionfor prosecution

19/11/E7 Govqrnmcnt permisEion roquired for enquiry, arr€st, laying oftraps and conducting raids on tho residonce of class-llOflicers of Major Hydro Etectric and inigation proiects.

11t?J68 Source Reporl: The instructions dated 5.2.81 relterated.Source Report against class -l Oflicorc to b9 verified by thiSP.

Sanction for Prosecution-action to be taken against officerswho refuse grant of sanction for prosocu on without any validreasoo,

All complaint against NGOs, comptaints against gazettedofficers relating to violation of rutes to bo looked into by theAD.

12721n l8S Don't entrust Departmental Enquiries to lO(V) 158

7nl91 Apex Comminee decids that all complaints be sent to AD. 160

23nnl VB to sont alt complaints to VD and VD will send all 161to AO. Vig nce Enquiry to be registered only if AD aske.

132

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143

,l2lt1t87 All departmsnts askod to entrust Ooparlmental Enquiries to

ro(v).

25

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513t92 Adminis trative DePadment not to initiate any

matter is under inves

5,3192 Time Limit: PE'4Months' RE' 1Year

2815192

6r',r,94

28/4/98

Enquiries againsl IAS/PCS only with approval of the CS in tha

Degadment of Per8onnol'

ff 'ff :':::,1":il*',HilI"lll-L';';'o"J:l""*san.,on

Administrative depadments nor t: qll:-Tf::,::,to sanction to

[r"l "^o

n,n. after intiation of vigilanc€ enqulry'

onquiry if the 163

'165

167

169

173

FI-INCT]

VIGILA

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PART-I

FTINCTIONS AND SET UP OF

VIGILANCE DEPARTMENT

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1 Establishment:

The anti corruption set up in the state rvas established in 1955: At that

time Punjab State Vigilance Commission and the Special Inquiry Agency were

sct up. The Vigilance Commission .,was subsequently abolished on

llti/1967. The vigilance department came into being 15/9/1967 and the

Special Inquiry Agency was brought under its direct control.

I Objectlves

The principal objective of thc vigilance depaftnent is to help various

acparfrtents in taking spccdlr action in cases of comrption. Thc primary

mponsibility for checking comrption is that of the administrative department.

I has been observed that administrative departrncnts are somctimes

krrricappgd in dealing with cases of comrption in their department. The

dcpartnental officers tend to be protective and sympathetic to their colleagues.

fbere is therefore need for an impartial and unbiiled organization. There is

& need for ensuring uniformity in matter of detection, punishment and

d--ling with problern of com:ption in general. The vigilance departrnent was

taruption against the employccs of the state. The vigilance departrnent has

given concurrent prcwers with all the adminiskative departments in

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:'.tters relating to coruption.

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#l- * as an gxclusivc antl independart body to look intb the complairits of

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3 Functlonr

l. The main function of tho departnent is ts udetake or cause an

investigation to be made into any complaint of comrption against the public

s€rvank in the state'

2. fte vigilance alepartment has been carferred {oncurent powers with

other departnents in mattsrs relating to comrption' The departnent exercising

this ooncurrent Power can ( instructions dated 15-9-67) :

(r) itsplf conduct an investigation or get it done from the vigilance

bweau into complshb of comtption against the employees'

(ir) initiate deparf.rpntal sction and punish the employees of.

strtc govemm€'Dt dsParftients '

(iii) order prosecution.of the ernployoes facing oiminal charges'

As per Allocation of Business Rules the depaftment of vigilance

(i-)

Set up ol

The preser

(i) Ad

(ii) vrl

(iii) Co

(iv) Chi

Admlnist{-D'

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(v)

P

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A

(i.

(ii

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been allocated 0re following subjects:

(r)

(ii)

(iii)

All mattcr conccming general vigilaocc and procedure'

Al[ policy mattcr relating to comrption among public scrvants'

Coordinstion of work rclatiog to vigilancc in vari

de,partrrcnts.

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(iy) All matters relating to cases of bribery, comrption, personal

immorality, misuse of public fund, loss caused to govemment

departmental or procedural irrcgularities and the like on the

parts of govcrnmcnt employees and public servants dealt with

or otherwise taken cognizancc of by the department of

vigilance including cases of appeal against acqu tal tn cases

relating'to the vigilance Bureau.

(v) All maner relating to :-

(i) the cstablishment ofvigilance bureau;

(ii) setting up ofLok Ayukta or Uplokayukta.

.{ Set u| of the Department

The present set up ofthc vigilance departnent is as under :_

() Administruivc Wing

(ii) VigilanceBureau:.thclnvestigatingAgency

(iii) Commissioner for Enquiries

(iv) Chicf Vigilrncc OIlicers in different d€partments

I Admlnlstrrtive Wlng

The Administrative Wing is hcaded by thi Minister in Charge of the

dcelrtrn€nt. He is assisted by prircipar s€crctary Vigilance, Additionav Joint

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II Vigilance Bureau ( VB )

l. The vigiiance bureau is headed by Chief Director vigilance bureau'

He is a serdor IPS offreer of thc rank of DGP/ADGP' At the headquarters he is

assisted by Dhoctor and Joint Director who are also IPS offrcers' Vigilance

units headed by DSP are posted in every district except Moga' Mukatsar and

Nawanshahar. 'Officers

of SP rank are posted.at Chantligarh' Patiala' Amritsar

and Jalandhar for coordinating tfre work of the vigilance units working under

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1. Econo

The gr

bureeu to che<

composition o

5.

The of

to gui

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them.

2. The bureau conducts investigations and submits its reports to the

government. It also Iays treps and conduct raids in order to catch the

ernploYees tahing bribes'

The srength of thc stall is :

I Chief Dircctor Vigilance Bureau - I

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pcnaining to tl

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3.

tSecretary Vigilance and other Secretariat staff' Bosides Joint Directot and

Deputy Director Legal are also posted in this wing by the departrnent of

Prosecutiou. They tender thoir advice on legal and other matters' .A

Section

,officer from the Finance d€p'rtrnent assists in accounts matters. The

important functions of the wing are to decide all policy natters' to order

investigation and pass final ordos on the enquiry reports of the bureau-'and the

Commissioner of Inquiries'

Director Vigilance Bureau - I

Joint Director VI] - I

Supcrintendents ofPolice - 7

Depury Superintendents ofpolice - 2g

Inspectors ofPolice - 46

Sub Inspectors - l8

Economic Offences Wing :

Thc governnent created Economic Officers Wing in the vigilance

torcau to check the rising number ofcases of embezzlement, faud etc. The

cmposition of economic offcnces wing is :

1 DIG. I

SP. 1

DSP.2

5-

The officers of the following departments are posted in the vigilance

kcau to guide the investigating officers in regard to tcchnical matters

to their dcpartments:

I Deparunent ofprosecution

Joint Director Legal

)

3

Olficen from other deprarbnents :

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4

5

6

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Deputy DA ' 2

Irrigation DePartment

Executive Engineer - 1

Sub Div Engineer - 1

Public Works DePt ( BR )

Executive Engineer - I

Sub Div Engineer - 1

Public Health DePartment

Sub Div Engineer - 1

Revenue DePartment

Tehsildar - I

Excise and.Ta:ration Department

Asst Excisc and Taxatidn Commissioner - 1

Industries DePartrnent

Dist lndustric's Olhcer - I

Food and SuPPlies DcPartment

Dist Food SuPPIies Controller - I

Coopcrativc DePartrnent

Dist Rcgistrar Coopcrative Societies -'1

Hcalth Deprr$cnt

Scnior Mcdical Ofhccr' 1

basis

dcpart

CouJ

Thc k4

5

6

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34ye.j

hn

to

Officr

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qandcs

The go1

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OfEcer,'i

6. Except for tirc offrccrs mentioned in para 5 alove thc othc'r cmployees

rre ftom the police departmcnt. As per instnrctions ( Para 48) of instnrctions

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rantirris!2glyg

EaJ i.

6ir ir mt thr

III

Etnroods

Eryiries.

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l*i7 ) appoinunent of officcrs to thc bw€u are to bc made on

basis subject to the concurrcncc of the vigilance department. However

u thc practicc and all thc offrc.ers especially police officers are posted

Ls comcmed without any consultation with this department.

Coamlssloncr fm En qulrles:

The kquiry Officcr Vigilencc conducts regular departmental enquiries

to him by thc vigilance departnent ( para 2(5) and 2(6) of

dated l5-9-1967 ). He used to-bc a middle lcvcl IAS Officer. But

9 ycars the govcmment has becn posting a secretary rank officer as

Officcr and this post has becn rc{esignated as Commissionet for

Tbc government vide instructions datcd l-6_196g dccidcd thar

enquirics against gazetted offrcers bc rcferred to Commissioner

and against others to the adminisEative dcparuncnts.

Tbc govemmcnt vide its instructions datcd 2gll/g7 askcd rll thc

ve d€gstncnts that departncntal cnquiries against gazerted

mry h enrnsred to Inquiry Oflicer(Vigilancc). Inquiry

) is an irdependent and specialized agency. Thc idea is that

Officcr Vigilancq who is an hdependent and expcrieoced ofE€lr aDd

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who has requisitc stalf wi[ bc in becor posilion to dcal with regular

departmental enquiries.

4.However,thegovcmmentvidcitsinstn.lctionsdatod24/7/89askedall

the administrative departsncnte that sincc lO(Vigilancr) was burdened with

large numbcr of Enquirics no further enquiry should be entrusted to thc

IO(Vigilanco).

S.AtpresentexceptforafewcasestheCommissionerforEnquiriesis

conducting enquiries refened to it by the vigilance department '

IV Chie( Vigilance Oflicers

l. The government vide its instructions dald 1519/67 provided for

nomination of a senior ollicer as chief vigilance officer in every deparment.

He was to be nominated on the advice of the vigilance department ' It was

also provided that the assessmenr of Chief Vigilance Offrcer will be done by

Sccretary Vigilance. The government vide its instructions datet 812168

defined tho functions of Chief Vigilance Officers. The functions can bc

summarised as follows :

To keep an eye on comrpt officers of the dcpartment and preparc a

list of such ofEcers, Passing information about such officcrs to thc

It

(3) r,

(4) T(

Tc

(6) To

(A To

(8)

2 Thc

orc

pro

Tc

vig

go'

Vidc ins

t

fa

to

tir

vu

the

and i

vigfikrce dq

by thc Chirsvigilaoce departm€nt;

l0instructiori

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(2)

(3)

(4)

(s)

(6)

(7)

(s)

Monitor the cisrs of departnrental action and prosecution against

the ofllcers of Sre department;

To check and review the procedures and plug loop-holes rvhich

facilitate comtption;

To providc assistance regarding departmental rules and procedure

to the vigilance bureau;

To refer difficult arld complicated cases of the department to the

vigilance department for investigation;

To scrutinise cases of compulsory retirement of comrpt r:fficers at

the age of 55 years;

To scrutinise the property retums of the government servants in

order to detect comtption or uffeasonable accumulation of

property

To act as liaison officer benveen their own department and the

vigilance department.

ts

or

lt.

as

by

68

be

Thc govemment vide its instruction Cate lilll0/79 asked all thc

ts to maintain a register indicating complaints received against their

and action taken thereon. euarterly report were required to be sent

vigilance department by the ariministrative departments about the work

by the Chief Vigilance Officers.

Vidc insfuctioos dated l4l3/93 rhe.vigilance department rcitcrated

inshrctions and asked aI the departments and all the Chief Vigilance

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I

i

IIIIII

IIla

F

department.

4

Vigilance Oflicers

offrcers to send regular retums ebout tre work rlonc by them to the vigilence

Similar i nstructions wer€ egam issued on 29tl1l&4 and 6/1/t994

but there is little compliance of the instructions'

Thc vigilance department is to hold regular meetings with the Chief

( instructions dated 7'12 1988 )'

n

v

E-t-

tf-TT

It

PART II

INSTRUCTIONS OF THE

VIGILANCE DEPARTMENT

II

I

I

II

I

i

I

I

III

I

i

I

I

Jrrbdiction

Corcrrrent Powers

h Estters pertaining to comlption the vigilancc dcpartncnt exertises '

powers with all the administrative departments. It can order

initiate departmental proceedings and sanction prosecution by

of these powers in respect of employees of all state government

( instructions dated l5-9-1967 ).

Jwbdiction

instructions dated 15-9-1967 ). However, it was extended'vide

dated l5tlOl79 so as to cover ernployees of autonomous and

bouds/corporations and Improvement Trusts. At present all the

covered under Prevention of Comrption Act are subject to its

That means employees of all the organisations and bodies

tonds fiom the state govenrment.

lilo jurisdiction

Tbc Ministers ctc., mcmbers of Judicial Services, staff of Assembly

hjab Public Scrvicc Commission are not with in the purview of the

dcpartment ( Notc III para l@) of instructions dated l5-9-1967 ).

r5

I

i

Tbc jurisdiction of vigilance department was originally restricted to

Crovemment Employees and mernbers of All India Service ( para

I*

l,I

I

Enquiries against political leaders are to be referred to the Home

atepartment ( instructions dated 2l-7-1981 )'

Complaints against Panches, Sarpanches and Municipal

Commissionersshallnotbclookedintobythevigilancedepartrrrentandthey

shall be rcferred to the administrative departments ( instructions dtted 22'2'

le83 ).

It is clarifieil that the jurisdictions has been barred for administrative

cOnvenience through instructions and there is no statutory bar against enquiries

against the employees ofthe above departrnents.

' Type of cases

4. Vide insruction dated 2ll7l8l it was decided that following qpe of

case should be looked into by vigilance bureau and the remaining case should

be left to be lookcd into by thc conccmed administrative departnent :

l. Assets disproportionate to the known sources of income.

2. Allcgatiors constituting offenccs undct Prcvention of Comrption

* Act and under Sections 161, 162, 163, 164, 165-A'166, 167,168,

169, 170, 17114091420,467, 488,471-N4771120-B of thc Indian

Penal Code.

3. Allcgations of moral turpitude.

Gazetted/ Non gazetted oficen

5. As pet latest instructions all mmplaintr Gxccrpt of t)?e mcntioned in

para 4 above against non gazctted olfcm rad. complaints involving

r6

to tb

t5-g47

1468:

95-78 :

15-10-79

23-5-83 :

7-r2-88 :

AD nc

Ihe ac

-.^ich

extend

o

I

r

ve

ons of the instructions and rules against gazetted officers rvill be

to the administralive departments.

The position over the years has been as follows :ral

cy li'9-67 :

1668:

95-78 :

t5-10-79:

Vigilance departrirent to look into complaints against

gazetred officers only and not against non gazetted omcers'

Complaints against non gazetted ofhcers also to be looked

lnto.

\rigi'lance department to concentrate on complaints against

gazetted officers.

vigilance departrnent to primarily deal with the complaints

against gazetted oflicers but allegations of

disproponionate assets and criminal nature against non

gazetted officers will be looked into by the vigilarrce

depanment.

21'5-83 : vigilance department to concentrate on GOs.

7-12-88: All complaints against non gazetted officers and

complaints involving violation of instructions to be

refened to administrative department.

AD not to hold enquiry if VD seized of the matter

The administrative department should not hold an enquiry into the

which is being probed by the vigilance department. The departmenr

extend full cooperation to the vigilance depanment. This is necessary

t1

", Iuld

ion

68,

ian

!l

lin

,ing

I

I

,

ro avoid a.,y possibilitv of conflicting conclusions by the tWO dsOafments

( instructions dated 1 -6-68, 5-5-78, 25-8-80' 5-3'92' 6-l -9 4)'

2 Procedure

The action by the vigilance department originates from three different

Complaints received directly from the people or from rhe vigilance

bureau

2. Reference from the administrative departments

3. Source Reports ofvigilance bureau

2. The vigilance department deals with the complaints in the following

manner ( para I (B), 1(D) of instructions dated l5-9-67 ) :

l. Forwarded to the administrative department'

2. Ask the vigilance bureau to investigate the complaint after

registering preliminary or regular enquiry or a criminal case'

.3. To hold itselfan enquiry by taking evidence'

3 Source Report

sources:

I

1

Vide instructions dated 5/2/81 it was provided that :

L The offrcer making the source report will verif the inforrration by

making secret en9utn".. ,,

I

!

{I

tIiII

IiII

I

I

itenls

;ilance

lorving

'lt after

2. Ifnecessary he will obtain an affidavit from the informer

3. Action rvill be taken against the police officer if it is established

that the source report was prepared with ulterior motive.

The above instructions rvere reiterated vide circular dated I l/2i88. It

firrther provided that source report against class-I Officers would be

bv the SP

Strangely there is no provision for taking the vierv point of the olficer

d€partment either at the time of preparing the report or before taking

of it.

There is no difference between a regular and preliminary enquiry.

re basically fact finding enquiries. A preliminary Enquiry is to be

with in 4 months and an regular Enquiry tith in I year, as provitled

ttc instructions dated,513/1992. Extension for a period for 2 months is

by Secretary Vigilance and extension beyond 2 nronths by lhe

incharge. Originally the time timit was I rnonth for prelirninary

and 6 months for regular enquiry( 4/7lBO). It rvas increasetl ro 2

and 6 months( 2117/81)

ration by

l9

E-_---_--_------

Tt

j[,*

1 Regular En quiries/Prelimin ary Enquiries

lr

Pernissiort Ior PE/RE

approval of govemment'

Vide instructions dated 31-1-1967

Enquiries against IAS/PCS offrcers can

dePartment onlY rvith the

Personnel.

vigilance

present all the enquiries

dep artn l elrt

of enquiry.

Lllet

2. As per the ilstructions datetl 9/5/?8 vigilance bureau requires the

permission of the govemment for preliminary enquiry/regular enquiry against

gazetted officers' Vide instructions dated l5/2183'vigilance bureau can register

regular enquiry/Preliminary enquiry against class-fl Offrcer' but for Class-I

and above regular enquiryipreliminary enquiry can be registered only with the

and 28-5-92 it rvas stipulated that

be initiated bY the vigilance L The

approval of Chiel Secretary in the dePartment of quiries wl-#.rtereas the

corE

Dep

tle allegalir

(:rs€ rs regrs

initiated.

L Eqr

rssigned to

dministrati

referred to ,

Forest sincr

The Apex Committee in its meeting held on '1l1l9l nd 231'1191

decided that all complaints rvill be sent to administrative departmens and

enquiry will be initiated only if the administrative departrrent so desires' The

bureau started sending complaints to vigilance deP artsrent. At

of the vigilanceare initiated on the orders

3. It has been stipulated in the instructiirns dated 2416187 thail the view

point of the officers conrplained against is to be obtaincd during investigation

z0

.{s

Cast

Departmental Enquiries

The depanmental enquiries are different from preliminary and regular

which are as explained in above para basically fact finding enquiries

the departmental enquiries are ordered as a result of chargesheet. Ildlegarions are proved in preliminary or regular enquiry either a criminal

is regisrered or departmental proceeding in the shape of a chargesheet is

Enquiries againsr gazetted ofticers arising out of vigilance probes are

to Commissioner Enquiries. For others the case is refened"to the

ve department ( instruction dated I -6-196g ).

Cases of depanmental actibn against All India Service officers are

to the concemed depadments that is Dept of personnel, Home and

since UPSC is consulted ( instructions dated 2l-7-19g1 ).

2l

T

' .:!

F Efect of PE/RE on promotion/percion

F _ .* per insrrucrions dated Atg/g2 registration of regular

ftpr"r.,,*"* enquiry will iot affect promotion/pension cases unless the

p **.-.a has becn chargeshected or challan has been put up in the

B.*

ig;a:rd.

22

6 Anonymous / Fslse ComPlaints

L As per latest instructions dated 12-4-1982 the vigilance department is

not to take cognisance of anonymous and pseudonymous complaints and the

same are to destroYed and filed.

Earlier ( note Il para 1(D) of instructions dated 15-9-1967) it was

stipulated that vigilance department normally would not take coglisance of

anonymous and pseudonymous complaints'

2. The complainant should be asked to give aflidavit in suppofi of his

allegations. If the allegations are on enquiry are found to be baseless' the

vigilance bureau should file a complaint under section 182 of the Indian Penal

Code ( para 2(10) of instructions dated 15-9-67 and dated 5-2-1981 )'

7 Trap

Vigilance Bureau can lay trap on officers upto class-Il' For classl and

above the trap can be laid only with the approval of govemment as per

instructions dated 9l 5178.

t&

in

be

a

on

}J

.t:-

* -*=:

CrL

BE

€as€

Src&

ft

- - -S n - rl

A" p." ioS

*rrinistn rive (

Rrid

Criminal Case

Vigilance Bureau is competent to register a criminal case against non

oflicer. Permission of government is required for registration of a

qrse against gazetted officers as per instructions ddted 9/518.

As per instructions dated 4/7/80 challan shalt be put up within 6

The instructions of 6/l/94 stipulate that sanction for prosecution is to

with in 20 days by the administrative department

h has been provided that authority granting sanction for prosecution

Et hold any parallel or field enquiry but he rvould satisfy himself from

As per instructions dated 9/5/78 the vigilance bureau can u,rite directly

ve department for grant of sanction in respect of non gazetted

23

E ,!

E As per instructions dared 9/5/78 vigilance bureau can raid the residence

H upto Class-II. For Class-I and above permission of govemment is

I Stnction for prosecu tion

ffi ,*,ffifiil;:H;;;* ""'*"i'ns da'[ed

officer. For Eazetted officers vigilance depa,tment wiiivlnte to adminishrtive

department.

4. Refusal to grant sanction for prosecution without sound reasons by the

competent authority will invite stringent disciplinary action ( instructions

dated l2-9-t 988 ).

ll Vigilance Clearance

Vigilance clearance was made mandatory for promotion, empanelment,

retirement and deputation on foreign service in respect of gazetted officers by

the instructions of 7-lO-19g0. The instructions were partially modified on 23-

5-1983 so as to make the clearance unnecessary in cases ofpromotions.

At present the clearance is required at the time of retirement and forforeiga training and deputation.

12 Miscellaneous

L The vigilance department can advise the administrative department inthe matter of blacklisting of any firm which might come ro its adverse notiee

during an enquiry ( inskuctions dated lj-9-1967 ).

2. The department ban advise the administrative department aboutplugging of loopholes in any practice or procedure followed in the

Saict

F.:t:F"

.!{.!..!.!i: qj.ai i '

1<_:-i;-- ,

Misu

lFerIJ-lent

{:rr"elin-r a

\.-.j;

&-+ - =

,hve

ons

ve department allowing scope for comrption ( instructions dated

967 ).

*lisuse of government vehtcles

Srict action rvill be taken against govcmment officers misusing

vehicles. It rvill invite major penalty as in the cases of false claim

allowances ( instructions dated 2l-5-1971 and 19-4-1979 ).

tr!t,

.bv

23-

for

1n

)ut

!c

25

E

APPENDIX. I

CENTRAL VIGILANCE COMMISSION

.$iD CENTRAL BUREAU OF INVESTIGATION

I'lr

2't

*

i

I

I

I Central Vigilance Commission

I Composition

One man Commission headed by Central Vigilance Commissioner. He

is appointed by president and can be remove{ by him after an enquiry by the

Supreme Court.

2 Jurisdiction

Employees of Cental governmenr, Uirion Territory, public

{hdenaking, Nationalised Banks. Ii normally restricts itself to Enquiries

=dnst Gazerted officers or equivalent level oflicers of pubric Sector Units.

Functions

The functions of the Central Vigilance Commission are purely

with the Competent Disciplinary

Cenrral Vigilance Commission looks into following types of cases:-

(i) Straight forward cases of corruption, cheating, bribery,

misappropriation, fraud and falsilication of records.

and the final decision rests

t9

tdorin,.

(ii) Cases in which the officer has tried to obtain agy pecuniary

advantage for himself or for any other person by abusing his

oflicial power/authority.

(iii) Cases of unbecoming conduct such as partiality, nepotism

undue interest in a particular party, accepting lavish gifts and

hospitality.

(iv) Disproportionate assetscases.

Action against false complaiats, disciplinary proceedings

resulting from purely administrative lapses like

insubordination, habitual late attendance, technical violation of

conduct rules, procedural lapses are not vigilance cases and as

such do not come within the purview of Comrnission.

4 Role

Role of the Commission in promoting health among the public sen'ants

is as under :

(i) to cause an invebtigation to be made into any act of a public

servant, causing comrption,.lack of integrity, misconduct;

(iD to consider the investigation report and to advise the

disciplinary authority about the type of procetdings to be

initiated( first stage advice);

(iii) to nominate a Commissioner for Departmental Enquiries(CDl)

to conduct an oral enquiry;

30

(iY) to

(v)

a[

ar

R

Procedu

(i)

c

- -(iil

(

'I

(iii)

. t\ |

.'"

,iIi

5

t

I

(iv) to consider the report ol the CDI and advise the disciplinary

authority about the penalty to be imposed( second stage

advice); and

(v) Reconsiderationcases.

Procedure

O The Commission does not have an Investigating Agency of its

own. It gets fact finding enquiry made either from the

- dcpartmental Authorities or from the CBL

(ii) Where complaints have been received by the Commission and

the allegations arc specific, serious and veriliable including

anonymous, pseudonymous complaints, in those cases,

Commission calls for Investigation reports from the

departments ioncemed.

(iii) In serious cases where private persons arc to be contacted and

record in private possession is to be seized, in such cases CBI is

asked to register a case and send their investigation report to the

Central Vigilance Commission,

(iv) In respect of complaints which are investigated departmentally,

the departments concerned on completion of the investigation,

refcr the case for the Commission's first stage advicc alongwith

a copy of the complaint, the report of preliminary investigations

and provisional recommendation of the department.

3l

(")

(vi)

If the allegations er€ investigeted by thc CBI, the ,irsl sragc

advice of the Commission is sought in two categories:-

. ' the CBI has recommended regular departmental action.

. the CBI has proposed prosecution of a public servant

and sanction for his prosecution is to be issued in the

name of President.

The Commission tenders its advice to the disciplinary authority

after seeking the comments of thc deparEnents on the report of

the CBl. If the sanction for prosecution is not issued in the

name of President, the CBI report is not sent to Commission.

However if the CBI and the department differ with respect to

grant of sanction for prosecution, then the differences are

resolved by the Commission and its decision is final.

The type of action advised by the Commission at the time of

tendering its first stage-advice on the request of department or

CBI are :-

(") Closurc of case.

(b) Initiation ofminor penalty proceedings.

(c) Initiation of major penalty proceeding and nomination

of Commissioner of Depanmental Inquiry (Oflicer of

cvc)

(

(

(

(

32

III

{ \'r i )

I

(d) Prosecurion. If on CVC advice rhe Disciplinary

Authorir), has issued sanction for prosecution , further

developments needn't be intimated to the CVC.

(rii) The second srage advice is obtained :-

(a) If CVC recommended minor penalty, and the

disciplinary authority does not propose to impose any of

rhe minor penalties.

(b) If the CVC had advised departmental action for major

peralty on thc r@rt of department/CBl, the regular

enquiry is entrusted to one of the Commissioner of

depanmenral Enquiries. The CDI submits its report to

CVC who further advises which penalty is to be

imposed.

(c) If disciplinary authority is of opinion that the.

chargesheet deservcs to be dropped then the matter is

referred to CVC before dropping the matter.

(d) In the event of there being difference of opinion

bctwcen the Central Vigilancc Commission and the

department, the matter is referred to departmeni of' Personnel(Govemment oflndia) and its advice is final.

33

I

I

The functions of Central Vigilance Commission and Vigilance

department are more or less same but the procedure is entirely different'

(D The Central Vigilance Commission does not have an

investigating agency of its own. It will refer the complaints

either to CBI or thc department concerned for fact finding -

report. The Vigilance department has vigilance bureau as its

invcstigating agency and can straightway ask the vigilance

bureau.to begin investigation after regisEation of Preliminary

Enquiry/Rcgular Enquiry.

(iD The advice of CVC is not binding on the department' The CVC

has no powers of punishing authority. The vigilance

department on the other hand enjoys concurrent powers of

punishing authoritY.

(iiD If therc is diflerence of opinion between the CBI and

departmental authority competent to sanction prosecution(

other than the President ) then the matter will have to be

refened to CVC for resolving the differcnce and the

Commission's advice in the case shall bc final. Unlike CVC the

vigilance deparhnent has no powers in regard to corporatiom

and other statutory bodies.

34

7

i,

in

d

tr

a

&

z

o

n

(

d

b

H:T*'

Centrul Vigihnce Commission vs

Punjab Vigilance DePartment

t

I'

3 Central Bureau oflnvestigation

I In CBI only two types of cases are registered i.e. preliminary enquiries

end regular cases. Prcliminary enquiries are usually registered where

information supplied appears to be doubtful yet definite onough to require

check. It is also registered when some cognizable offence is rhade out but if

prosecution is not considered desirable or not likely on the allegations or thcrc

.re some difliculries. That is if the nature of.allegation is such that only

departmental action is intended then a preliminary enquiry is registercd.

2 The Regular Case (RC), equivalent to FIR is registered if some

cognisable offence is made out and prosecution is intended. It cdn be

registered straight way or during investigation of the preliminary enquiry. The

CBI ascertains as iarly as possible whether prosecution shall be launchcd or

dcpartmental action will be recommended. A regular case is registered when it

becomet clear that thc case will culminate in prosecution.

o

APPENDIX . II

\\,ORK LOAD OF

THE DEPART}IENT

1J

i

Load of the VD :

Fcs€nt the details ofthe cases are :

With\B WithVD WithAD Court

n8 178 ll 89

550 333 22 193

913 314

n rate :

cases decided during 1996-97( Financial Year )

Total Decided Convicted Acquitted o/o

5l 13 33 26%

11 36 23%

32 27 16%

Load of Commissioner of Enquiries :

of

re 16 departmental enquiries pending with Commissioner of

them 13 have been rcferrcd to by the vigilance department and

3 by Homc, Tcchnical Mucation and Forest departmcnts.

5

5

39

570

Ll

APPENDIX . III

VIGILANCE DEPARTMENT

4l

t

t

t

I

I

.4.ST.}GGESTIONS FOR STRENGTHENING

t is not always successful in bringing the really com'rpt officers to

Sometimetheconductofevenwellmeaningofficersbeconresthe

of vigilance enquiries. The vigitance cases are invariably delayed' The

are harassed in manY other waYs'

under the chairmanship of the Chief Secretary'

The points under consideration for streamlining the department are

under suitable headings in the following pages'

L As per present instmctions anonymous complaints are to be destroyed

filed and no cognisancc is to be taken of them' However this is not the

e and large number of enquiries are initiated on the basis of anonymous

mplaints. The department should take cognisance of anonymous cornplaints

f$c allegations are serious and verifiable'

hesently most of the enquiries are initiated on the orders of the

in Charge and Secretary Vigilance' It will be better if the complaints

E There is tremendous scopc for improvemcnt in thc functioning of the

E**t. Thc working of the department is not free from complaints' The

E,' The eovemment is conscious of these weaknesses of the department

E

$Ii, -*-inrd to toning it up and making it more effective' The matter of

Ex-io,ion of the department is at present under consideration by a

I Cognlsance of ComPlaints

43

are vettd by.a committee headed by the Chief Secretary or Secretary

Vigilance and conrprising among others the Secretary of the administrative

departnrent to rvhich the complaint relates. The committee before arriving at a

conclusion should obtain the view point ofthe suspect officer. The enquiries

should be ordcred on the recommendation of this committee.

3. Thc enquiries are registered on the basis of complaints, source reports

and reference tionr the administrative deprrtments. There is loo much reliance

on affidavits and the source reports of the vigilance bureau. This is not

justified. No enquiry should be registered without obtaining the view point of

the officer. lf this is donq rrc enquiry need be held in number of cases and the

ofliccrs will be saved from harassment.

2 Set Up of VB - i\l ultidisciplin ary Body

l. The vigilance bureau is exclusively manned by police officers. There

are handful officers lrom other departments to advise them on tectrnical

matters. As per the prevailing pracrice the vigilance dcpartment gefs th€

complaints investigated from the vigilance bureau even though 6 per

instructions it itself can also hold enquiries. The domination of the bureau by

the police oflicers is not very healthy. Very few inquiries are taken up against

the police officers.

44

r r

I

The sphere of the administralion has rvidcncd ovcr tle vccts

B often contain allegations of complicated administrative or

irregularities. The invcstigating officers of the bureau are junior level

officers and they are seriously handicapped in inquiring into such

ireflaints. Thc officers from the IAS i PCS, Revenue, Accounts and Audit

Slrt'is can be posted in the bureau and asked to investigate such complaints'

ILc-t'can take the assistance of the existing staffof the bureau'

If such officers can't be posted in the bureau then rhe vigilance

ent can refer the inquiries to selected offtcers posted in other

a+arEtents.

The bureau can be converted ir.rto a multi member board headed by an

IAS offrcer. The directors could be from the department ofpolice, engineering,

Ilrgtg..Differentdepartmentscouldbeassignedtodifferentdirectors'Ifthis

found to be too drastic then an IAS offrcers of suitable seniority can b9

- +ucted as additional chiefofthe bureau.

5- The Commissioner Enquiries at present has little work' His services

can bc utilised for conducting preliminary and regular enquiries'

45

3 .Iu risdictio n

The vigilance depanment is not very selective about the enquiries to

be taken up .The department should confine itselfto the following four types

of ceses :

1 . Assets disproportionate to the known source of income ,

2. Allegations constituting offence under Prevention of Comrption

Act, IPC and any other Act

3. Allegations of moral rurpitudc.

4. Some imponant casc which the Govt feels should be erquired into

by the vigilance department.

Complaints regarding violation of rules/insguctions should be referred

to administrative department. Besides it should concentrate on the cases

against gazetted o ffi cers,

4 Posting of lhe OIlicers in VB

Thc police officers are transferred to and from vigilance bureau by the

DGP/ Home depanment without any consultation with .the vigilance

department even though no appointment in the bureau can be made without the

concurrence of rhe vigilance department. This should be stopped.

46

c

:

:'

I*{f,r:tf,{

:1'

'a

$.l

ilir-:rII,I,-FlIt

, The subordinatc officials of the vigilancc bureau arc frorn rhe

csablishment of the DGP. The vigilance bureau should be made an

irdependent Directorate.

5 Technical Officers

The officers from other departments arc postcd with the vigilance

u on regular basii. Not marry offrcers arc willing to work with the

rigilance bureau. We may in consrltation with the administrative department

lrepare a panel of oflicers who can be associated with a particular case. The

yigilance bureau will not only have many officers to choose from but it will

r&o enable them to have the opinion ofan competent officer.

The vigilance bureau has some difficulty in getting the samples of

tested from the laboratories. The fee is ananged by the

strative department. It sometimes takes a long time. The municipal

ls and trusts don't deposit the funds in time and hamper the

gation, The vigilance bureau should be provided adequate funds for this

Source Report

Thc instructiors stiputatc that source reports shall be carefully prepared

rtion shall be taken against the oflicer if the allegations are found to be

47

t

IREpose.

a

untrue. There is no provision for associating the ol'ficer against whom there is

2. Action should be taken against the officer recording a false source

report.

8 Enquiries

There are two types of enquiries preliminary and rcgular enquiry.

There is no distinction between them except that preliminary enquiry is

required to be completed within 4 months and regular enquiry within I year.

The mcthod of investigation is the same and both are basicalry fact finding4E

Cr

r:r

Tb,

rrl

a complaint while preparing the report. It is absolutely essential that the

offrcer be associated with the rcport. It will avoid enquiries on frivolous

complaints and will be in the interest of the govemment and the officer.

7 Surprise Checking

The vigilance bureau conducts surprisc checks of thc on going works

and stores. They often recommend registration of an enquiry or criminal case

on the basis of this checking. The inspections can bc very effectivc if

conducted in a systematic and fair manner. Thc procedure requires to be

streamlined.

-B-:i-:t

- i r:::

t t. +-Ir--'t:. -':'-t't.*1

1II{t

enquiries. The CBI has only one q4e of enquiry i.e. preliminary enquiry. We

mdy accordingly change the nomcnclaturc to vigilance enquiry irnd lix a timc

liinit of 3 months for its completion.

9 Crimlnal Case / Sanction for Prosecution

l. The vigilance depanment faces great dilficulties in obtaining sanction

for prosecution of the suspects. Ir is to be given by the appointing authority.

Thc administrative departments often hold a parallel enquiry and deny /delay

ihc sanction on the ground that the trap was not genuine, the suspect had

rheady done the work and therefore there lvas no motive, the complainant had

irnosity totyard the officer and he had been falsely implicated. The parallel

quiries by the administrative departments should be avoided.

There are instructions that the sanction should be granted within 20

and that action shall be taken against the officer who declines the

without any valid reasons. In spite ofatl this the sanction is invariably

/ denied resulting in delay in the presentation of the challan which is

be presented within 6 months. The vigitance department has concunent

of the administrarive department and sanction can be granted by it.

it is helpless if the sanction is to be granted by the authorities of the

ns and boards.

49

3. A committee headed by Secretary Vigilance and comprising of

Director vigilance bureau, Administrative Secretary and the head of

departmenV managing director can be constituted to oversee the progress

cases of sanction for prosecution. Matters where there is difference of opinion

between the appointing authority and the vigilance department can be referred

to this committee and its decision should be final in regard to grant of

sanction of prosecution. ln govemment of India such cases are referred to

CVC whose decision is final.

4. As per Rules of Business decision whether to file an appeal agairut

orders of acquittal in resfect ofcases registered by or transferred to the bureau

is to be taken by the vigilance department. But the present practice is.that

these cases are treated as ordinary criminal cases arld the matter is referred to

Home department by the prosecution agency, This requires to be stopped and

this work should be done by the vigilance departnrent. Similarly cases

registered by the bureau should be withdrawn by the government in the

vigilance department and not the Home department.

l0 Traps

l. One of the main reasons for poor conviction rate is wihesses not

supporting the prosecution version. We order action under section lg2 IpC anrl

departmental action but it has not proved effective.

50

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Tbc vigilance bureau sometime doesn't exercise due caution while

. trep. They shouldn't allow themselves to be used by private persons

scores *'ith the officers. It should be ensured that there is adequate

for demand and acceptance ofmoney. The trap should be genuine. This

confidence among the employees and will also improve the

rate

A panel of witnesses can be prepared by the SP vigilance in

with the District Magistrate for every district.

Disproportionate Assets

Tbe adminisrative departments don't ensure that the retums of

are filled in regularly by the employees. The retums are not

properly by the administrative department. They are accepted in

The administrative departments grant permission to the employees for

loans from relations and friends in routine. The capacity ofthe lender is

rtren. Nor do they bother about the repayment schedule. Under no

they should grant ex post facto sanction after an investigation

bccn ordered.

d-

5in The Chief Vigilance Officers can recti$ this weaknesses.

Y 'l

il..a"-.-.:. , I ,

3. Thc cascs of asscts 4rc investigatcd .eor fi*i.tg a ohooL po.i.d of 5

years or more. If the expenditure for this period exceeds the income by 10 %

or more then a criminal case is registbred under Prevention of Comrption Act.

There are no well defined instructions as to which incomes are legitimate and

are to be taken into account. Loans or gifts for which no permission has been

taken from the competent authority should be ignored. Other incomes which

have not been disclosed to the authorities concemed for example lncome Tax

should also be ignored. The investigating offrcers adopt arbitrary methods

while investigating such cases. They sometime ignore such incomes and

recommend registration of a criminal case. In some other cases they include

such income on the ground that there has been minor lapse on the part of the

employee in not seeking permission from his department. The employee is

resultantly saved from the criminal case and subsequent prosecution in the

court and departmental action is recommended for not seeking permission

from the admini strative department.

12 Chief Vigilance Offlcers

l.TheinstitutionofChiefVigilanceoffrcerrequirestoberevitalised.If

it is made effective the routine matters can be lefi to the administrative

department and the vigilance department cart concentrate on important

matters.

52

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2. The present system of vigilance is completely complaint oriented'

Unless there is an complaint there is little likelihood of registration of a

vigilance enquiry. It often results iri harassment of officers who have initiative

and drive. There is no system of identification of the comrpt officers in the

administrative departments. The Chief Vigilance Oflicer can help the

vigilance department in this aspect. He can get a list prepared of the officers

cnjoying bad reputation and vigilance department can keep an eye on them.

a The Chief Vigilance Officer can monitor the progress of departmental

-f'rics pending in the department. The vigilance department can also

aslre action on the complaints and enquiries referred to the administrative

Qatnent by the vigilance department.

He can also assist the vigilance department in getting the sanction for

Fosecution from the administrative department.

13 PreYentiYe actiotr

l- The vigilance department has paid little attention to this aspect. There

rc number of departmental rules, instructions and procedures which give

:copc for corruption. Sometimcs these rules do not serve much purpose and

rbcl can be dispensed with. The vigilance department in consultation with the

Ctief Vigilance Officer could identiiy such areas where''there is scopc for

53

ii*i+:isI.ifi:

corruption and where com.tption can be reduced by suitably modi$ing rules,

procedure etc.

2. The officers misuse their discretionary powers and indulge ln

comrption. The discretion and arbitrariness should be reduced to the extent

possible.

3. Delay is another instrument resorted to by the officials to make money.

14 Detection

l. At present the cases are initiated on the basis of complaints received

from the public or the employees. There is no system of detection of

comrption cases in the various departments,

2. The inspection reports of the senior oflicers, audit parties and

Comptroller and Auditor General paras highlight cases of comrption. They

should be properly looked into and followed up.

15 Delay

The vigilance enquiries have become s)monymous with delay. The

inquiries linger on for various repsons. Effort should be made to check the

delay io finalising the enquiries. Some of the common causes ofdelay are :

54

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tr

firtr.It**l

L Non cooperation by the suspectv

I L^ack of cooperation from the administrative department, detay in

Er&cdon of record.

a Conversion of preliminary enquiry into regular enquiry and conversion{:rt".t.

* pcliminary enquiry/regular enquiry into a criminal case. The vigilance

!h=ar should decide in the early stage of the enquiry whether prosecution or

krtrnental action will be warranted or intended. If prosecution is more

&ly then a criminal case should be registered straight away without waiting

ltb completion of the enquiry.

{ The inordinate delay in sanction for prosecution.

t The administrativc departnents initiate inquiries and refer to vigilance

r'iFqnent when much work has already done by them.

a Preoccupation olvigilance department with unimportant cases and the'

Gquent heary u,ork load.

7 Lack of faith in administrative departments and lack of response from

fu- tt leads to more inquiries in the vigilance department. Regular meeting

Fi monitoring with Chief Vigilance Ofncers can improve the situation.

l- Lack of monitoring ofthe cases by the vigilance departmenVvigilance

+ lmproper investigation by the vigilance bureau resulting in frequent

Ltt references

E

F Delibcrate anempt to prolong the inquiries and delay action against theEfGppca by thc staff of the vigilance bureau/vigilancc department. It is quitefi.EF-"" to accepr representations from the suspects at the fag end of thcEs5

enquiry and cvcn after eomplction of the cnqrlirics and refer them to lhe

investigating olficers.

56

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*

*

the APPENDIX

51

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59

INSTRUCTIOI{S

t*

G

-\. I 327-Sen'ices (l)-67119063 r -l -196?

F-o,,

The Chief Secretary to Govemment, punjab.

To,

i) All Financial Commissioners.

ii) AII Adminisrrative Secretaries.

iii) Inspector General of police/Addl. lnspector General ofPolice iDIG(CID).

Subject:- Enquiries against IAS/pCS Officers.

I am directed to say that instances have come to the notice ofGovemment where certain departments initiated enquiries into the conduct ofIASPCS officers without the knowledge of thc Chief Secretary (in theScrvices Departments). The matter has been examined very carefully and ith"s been decided that as the Chief Secretary is the Head of the Department inrespect of all matters relating to IAS/PCS otlicers, no enquiry against anIAS,"CS officer should be ordered without his prior concurrence.

yours faithfully.

sd/-

G.Balakrishnan

Deputy Secretary Services &political

or C.S.

6l

< Sir.

lt

i1

!ji

No.7462-V(1)-61 12655 4

From

The Secretary to Govt. Punjab,

Vigilance Deptt.

15-9-t967

To

All Heads of Departments,

All Deputy Commissioners in Districts,

-,'Registrar, High Court, Punjab and Haryana,

All District Judges in the State etc.

Dated, Chandigarh, the 15"' September,l967

Sub: Eradication Of Comrption Procedure

. I am directed to invite your attention to Punj ab Govt. Notification

No.6747-V(1)-671197'70 dated thel4th July,l967, with which the institution

of the Punjab State Vigilance 9ommission has been abolished, and to say that

the work previously undertaken by the Vigilance Commission wili henceforth

be done by the Vigilance Department in the manner hereinafter described;-

Para 1 The Vigilance Department shall have jurisdiction and powers

in respect of following matters:-

(A) To initiate any preliminary investigationrinqurry inro any

transaction in which a public servant is suspected of having acted in a

corrupt manner, which may be referred to it by the Adrninistrative

Depa(ment or comes to its notice or otherwise except a transaction

relating to misconduct or misdemeanour of a public servant not

involving comrption.

To undertake or cause an inquiry or investigation to be made(B)

into

62

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IEEE!.

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T

I

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II

I

-

any complaint of comrption and lack of integrity involving a

ed public servant *Jrich may be refened to it by a department ofSrare Govemment .

anl,other complaint or inlormation in rvhich a public servant

=tiding members of All India Services for the time being serving inion rvith the aflairs of the State of punjab may or may not be

To call for reports, retums and statements from all departnrents

L State Govemment or Undertakings so as to bring about general

and co-ordination oyer the Vigilance and anti-comrption work indepa ments and undenakings.

. To take over under its direct control such

information or cases for further action, as

to ask the Special lnquiry Agency to regisrer ir regular case

arcsrigation it, or

to entrust the complaint , information or case for inquiry to the

Inquiry Agency or to the Department or undertaking

to hold itself an inquiry by taking evidence.

The Vigilance Department tvould not be concerned

c.mplaints against non-gazetted officials except when the

substanrially involves a gazetted officer also.

The Vigilance Department, normally would not take

of anonymous and. pseudonymous complaints.

l

l

II

I

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'.t

lE e The Minister, the Deputy Minisrer, the Speaker and the

T+ =r***, Punjab Legislative Assembly , the Chairman and the

sE *.-ran , punjab Legislative Council rhe Judges, punjab

t

!,..]:I

High Court and the Members of rho Judicial Sen,ices snalt not be

within the purview of the Vigilance Department.

(E) (l) Advise the Administrative Departments of the State

Govemment in the matter of black -listing of any firm which might

come to its adverse notice during the inquiry.

@ ln cases referred to in paragraph (D) (ii) above the

repofi of the investigation/enquiry shall be forwarded 10 the

Vigilance Department so that on consideration of the report and

relevant records, it may advise the Department or undertakings

concemed as to what further action is required to be taken in the

matter.

(3) ln cases where the report of inquiry has been

forwarded to the Vigilance Departrnent by the Special Inquiry

Agency, the Vigilance Department may, while considering such

report obtain the comments of the Department or Undertaking

concemed.

(4) Where the Special Inquiry Agency considers that any

practice or procedure followed by the Department or Undertaking is

of such a nature that it affords scope for corruption or misconduct, the

Vigilance. Deparfinent may advise that such practice or procedure by

appropriately altered or abandoned. The Vigilance Department may or

may not suggest the manner of alteration or amendment in such cases.

(5) The Vigilance Department may obtain information

about the action taken on its recommendations.

(6) The Vigilance Departnent shall have the power to

call for periodical statements from the various departrnents or

undertakings of the State govemment regarding inquiries conducted

into complaints of comrption against the public servants by the

departrnentVUndertakings.

64

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, the

and

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ury

nrch

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any

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,by

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the

es.

( 1) In every department or ,.rndertaking of the State

t there shall be one Chief Vigilance Offrcer and a requisite

of Vigilance Oflicers who shall be appointed subject to the advice of

t-igilance Department . The Chief Vigilance Officer shall , as far as

lebe an offrcer next to the Secretary to the Govenunent or Head of

Deparrrnent , as the case may be and will work untler his supen'ision.

riil not be whole time officers but rvill be nominated to do this work in

to their normal duties. \\hile any offrcer not approved by the

Depanment may not be appointed as a Vigilance O{ficer, the

over rhe rvorliing and conduct ofthese ot'Iicers shall be exclusively that

Secretary' to the Govemnrent or the Head of the Department, as the

arybc.(2) The Secretary, Vigilance Deptt. ma; record his assessment on

rqk of any Chicf Vigilancc Officer and fonward the same.to the

Aurhority concemed in caxs when in his opinion rhe good work

by the officer or not done should be brought to the notice of

(3) The holding of inquiries, supervision over investigation,

up of formal charge sheets, compliance *'ith procedural or ligal

ts of these inquires consultation with the Vigilance Department and

disposal of cases shall be decentralised and will become the

iliry of the Departments or undertakings concemed. Prosecution

be launched and where prior sanction for such prosecution is required

any law for the time being in force, the Agency shall simultaneously

a copy of its report to the Depa ment or undertaking concemed for any

r*hich it may wish to forward to the Vigilance Department .

(1) Where the authority competent to sanction such prosecution :-

(a) is the State Govemment , the Dircctor Special lnquiry

Agency, will advise the Vigilance Department , after examining

the casc and considering any comment received from the

6i

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*5I*'f

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il

dcpartment or undertaking concemed whether or not

prosecution should be sanctioned, whereafter the necessary

advice would be coinmunicated to Adminisfrative Department

and necBssary orders will be issued.by the Adminiskative

Department in rvlrich the power to accord sanction shall vest;

and

(b) Is an autlrori!1r other than the State Govemment and that

authority does not propose to accord the sanction sought by the

Special Inquiry Agency. the case shall be rehrrned to the

Vigilance D€parrment and the aforesaid au&ority shall take

further action a{ter cousidering the advice of the Vigilance

Departnent

(f;) The CommissionerAnquiry Officer for Deparrnental Inquiries

shall submit his report to the Vigilance DeparEnent and rhe Vigilance

Department shall afler examining the report forward the report to the

appropriate punishing authoSity rvirh its advice as to further action to be taken

in the matter.

(7) Where the Vigilance Department 6nds that disoetionary

Powc' in the discharge of his duties were excrcised by a public servant forimprpper or corrupt purposes, the Vigilance Departrnent shall advise the

Departrnent or the undertaking conccrned regarding the suitable action to be

trten againrt the public servant corcerned, and if it appears.

66

ffii

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(8) The Special Inquiry Agency shall be an independentdepartment, appointmehtr to which shall be made on tenure basis subject tothe concurrence of the Vigilaace Department The annual assessment of the

l,I

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(5) The Vigilance Department may entrust an orat inquiry b -, Idepartmental prooeedings, except in petty cas€6, to a Commissioner/Inquiry |

;ffi.I:o"ff*T,:.' inquiries to be appointed and arrached ,,.o,

III

*..*..

ffi

\! iil bc n)ade by the Secre tary, Vigilance

lgi The oft1cers of the Department shall continue to enjoy the

of rnvesrigation vested in the police officers of the general policerr s the case at present.

The Vigilance Depanment shall take the

persons who are found to have made false

or lack of integrity against public

ons, L'rquiries eniertained by the Vigilance Department

tilltlatlve

complaints

sen'ants,

lll

of

in

yours faithfully

sd/-

lS.K.Sudhakar)

Linder Sccy. Vigilance.

for Secreta-ry to Gove.prment, Vigilance

Department , punjab.

IL

l

F.'t-tts-

t'

I

\

E-2-1968

Copy of letter No.11286 -(V-I)-67 dated 8.2.1968 from the Secretary to

Govt. Punjab, Vigilance Deptt. to all Hedds of Departments and Registrar'

High Court, Punjab and Haryana and others.

Dated 8-2-1968

I am directed to invite your attention to the instructions contained in

para 2(1) &(2) of Punjab Govemment letter No .7462-V(1)- 67126554 dared

l5i9ll967 and to say that though the Chief Vigilance Oflicer /Vigilance

Officers hrve beeu appointed yet they are not functioning efficiently and their

appointmcnt seems to be a mere formality. The main functioning of the Chief

Vigilance OfficersA'igilaoce Officers by way of assisting the Heads of their

Departments are as undec-

(i) Detection of comrption and corrupt officers in the Departments , to

prepare lisrs of comrpt officers or enjoy bad reputation and to ensure

. effective supervision over them and to so regulate their postings that

they do n$ have scope to indulge in comrption .

(ii) To pass on intbrmation ro the Vigilance Department and the Special

Inquiry Agency regarding the officers mentioned in the fore-going

clause so that they can also keep an eye over them.

(iii) Ensuring prompt and effective departmental actions/prosecution in

courts of comrpt officers when evidence is available, keeping watch

' over proceedings against the defaulters so that delay does not allo\ the

defaulters to escape punishment.

:ro.

68

Sub: Functions Of 'Ihe Chief Vigilance Oflicerd Vigilance Officers

$tP;+.*i:lrffi

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To check rnd revicw the pmcedures adopted in the Department, ifc€ssary, wilh the assistance of the Vigilance Department and

Special Inquiry Agency to plug loop holes where ever existing which

kilitate comrption.

To pmvide &ssistance regarding departmental rules and procedure to

* Investigation Offrcers of the Special Inquiry Agency .

To refer difEcult and complicated cases to Special Inquiry Agency

fuough rhe Vigilance Department for investigation.

To scruti-nise cases of compulsory r€tirements of comrpt oflicers at the

rege of 55 to check up cases of cornpulsory retiremcnt of corrupt

CosEmment servants even earlier if permitted by law and rules.

To scrutinise property retums of Govemment seryants to detect

canrption or un-reasonable accumulation of property.

To scruiinize reports and have these items includcd in them

-rtsigated which appear to involve an clement of comrption.

Io rt as a Liaison Offico bctwecn their own departsnent and thrYlgilocc Departrnent including the Spccial Inquiry Agency.

ElEt you to ensure that thc Chief Vigilance OIIicer/ Vigilance

r pur Department perform thcir duty well.

69

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CONFIDENTIAL 9-tr97E

GOVERNMENT OF PI-rNJAd

DEPARTMENT OF VIGILANCE

No.2293-Y(3)-78/4245

l. Director, Vigilance Bureau.

2. All Heads of Departments

3. All Deputy Commissioners in the State4. Regishar, punjab and Haryana High Court

Policy And procedure Relating To Vigilance Enquiry And VigilanceCases

Sir

I am directed to say that Gofi. have recently considered certain aspectsof the subject cited above and have decided to give approval to certainmeasures which should help to accelerate d.isposal of Vigilarrce enquiries andVigilance cases. These measures are indicated below;-

(i) All along, the State Govt. have recognised and ofllcially reiteratedfrom time to time that the responsibility for eradicating comrptionamongst Govt. employees is not exclusively that of Departmenf ofVigilance but is primarily the responsibility of various administrativelexecutive departrnents. That is why in several departrnents, there arevigilance oflicers, who assist the Heads ofDepartnent in this regard .Unfortunately in actual practice, various departnents have lended toplay down their responsibility. In variably they tend to pass on allcomplaints/inquiries for disposal by the Vigilance Bureau. The result

Dated : Chandigarh,the 9 th May,1978

Sub

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(3t \\:here the complaint against a non-glzctted

oillcer is an inregral part of a complaint against a

gazetted officer.(b) Vhere the executi. ,e deparrment feels that ir u illnor be possible to effectively probe into the cornpJaint

and, therefore, desires the Vigilance Bureau to

undenake the enquiry.

ording to the present procedure, where in a case ir becomesnecessory to launch criminal prosecution and obtain sanction inrespect of a non- gazetted olficer, the vigilance Bureau routes such aproposal tkough the Vigilance Depanment . In furure. the VigilanceBureau will be competent ro refer such propor.iit-ilItl; t" tiii Aiuaof Depanment concemed for necessary .aclion.

ln cases x'here non-gazetted officers are arrested by the VigilanceBureau in criminal cascs, the Bureau will henceforth be competent toinform the concemed dcpartment directly .

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hs been unfortunate in two respects. Firstly, various depanments

lnt tended to lose interest in maintaining the image of the

a'plorvees of their depanmbnt in regard ro their integrity. Secondly ,te Vigilance Bureau finds it self over- burdened with largc number

ot- rnquiries and hence the disnosal of even important inquirics terdstr suffer. Taking into account all relevanr aspects, it has been <Jecided

dtat rhe Vigilance Bureau should be enabled to concentrate irs

aenrion on inquiries relating to Cazettr".rl Officers. Hence in future,

- a generai policy , the responsibilitv for dealing with any fresh

complaints of comrption against non-gazetred officers u.ill ordinarilylic $.ith rhe concerned Heads of Department . If such a complaint is

reeived directly in the Vigilance Bureau, it will transmit ir ro theconcemed departmcnr for disposal. The following will be exceptionsro this general approach .

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(iv) Henceforth the vigilance Bureau will have the authoritv ro arrest crilcIl Gaze ed officers in trap cases and merely sent information to the

Covt. in the Vigilance Depanment. For the rest of the gazetted

officers in other cases, the present practice of . obtaining sanction of

Government will continue.

(v) Whcre on a complaint received by the Govt. in rhe Vigilance Dept.

orders a regular enquiry against a gazetted officer and a prima facie

criminal case is made during the enquiry, it wilt not be necessary that

the whole enquiry should be completed. A criminal case may be

registered at th61 ysry stage and the rest of the probe may be completed

during the investigation of the criminal case.

( rri As at present, prior permission of Government will continue to be

necessary before the Vigilance Bureau registers a regular

enquiry/criminal case against gazetted offi cers.

(vii) Where a raid on the residence of a gazetted officer is considered

necessary , the concemed officer of the Vigilance Bureau should obtain

the approval of the Director of Vigilance Bureau if rhe raid is to be

organised at the residence of Class-II officers. ln the case of raid at

the residence ol class I officers, prior permission of Covt. will be

neces6ary.

2 The above decisions/guide -lines may be noted for compliance by the

Vigilance Bureau as well as various departments of Govt.

Yours faithfully

sd/-

S.S.PURI

Chief Secy. To Govr. Punjab.

Dated: Chandigarh,the 9'h May,1978No. 2293-v(3)-78/4246

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for rnformation and necessary aclion to:-

All Administrative Secretaries to Govt. Punjab .

All the Conimissioners of Divisions in the State.

, s.s.PURI

Chief Secretary to Govt. Punj ab

3.2293-V(3)-78/4247 Dated: Chandigarh, the 9'h May,l978

Copy to Principal Secretary/SecretarieVPrivate Secretaries to Chief

Uinisterl\tfinisters il,finisters of State for the inlormation of Chief

Hinisrer;MinistersrMinisters of State.

S.S.PURI

Chief Secretary to Govt. Punjab

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Sir,

GOVT. OF PLNJAB

DEPARTMENT OF VIGILANCE

No.2l24-V(3)_78/5861

1. All Heads of Departments

2. AII Commissioners of Divisions

3. All Deputy Commissioners in the State

4. Director,VigilanceBureau,punjab

5. Registrar, punjab and Haryana High Court.Dated, Chandigar.h, the 1 1u July,l97g

Policy And procedure Relating To sanction For prosecutionRespect Of Vigilance Cases

In

I am directed to address you on the subject noted above and to say thatil has come to the notice of the Govemment that when the Officers of theVigilance Bureau, after completing investigation in comrption cases, approachappropriate authorities competent to remove the accused from his office, forgranting sanction for his prosecution as required under Secrion6(l)@ of theprosecution of Comrption Act , the latter ,instead of applying their mind onthe materiar co,ected by the police during investigation, sometirne start theirown enquiry or cause the case to be looked into by some ruUorOlr"t. om""r.While the Goventment has no desire to interfere ln tfr. Oi..r"tio; ;;;;;

;. lomnetenl authority in the matter of deciding the question of sanction, there

,):,. seems to be no justification in law for the comperent authority to hold or

It already held regular investigation under its statutory powers. Ther'" Govemment is of the view that 0re question of sanction should.be decided on

84

l

&nsideration of naterial collected during the investigalion, and.if the

t authority feels that there is some more relevant material which has

been brought on record by the police, if rnay bring this fact to the notice

investigating agency so that the latter may be able to look into it reach

conclusion as to whether any offence has been cornmitted or not' The

t authority can then apply its mind to the facts and circumstances of

case to decide rvhether sanction tbr prosecution is to be accorded or

It is hoped that adherence to this approach will help to bring about

and speedy disposal of comtption cases'

2r 24-V(3)-78/5862

Yours faithfullY

sd/-

DePutY Secretary ffigilance)

for Chief Secretary to Govt. Punjab

Vigilance DePartment

Dated: Chandigarh the 1l& JulY 1978

A copy is fonvarded to all the Administrative Secretaries to Covt.

tbr information and necessary action.

sd/'

Deputy Se$etary (Vigilance) for. Chief Sccreiary to Govt' Punjab

Vigilance Department

212+V(3)F?8/5863 Datcd: Chandigarh, the l lu July,l978

A copy is forwarded to Principal Seqetary/Secretaries Private

es to Chief Mirrister/MinistersA{inisters of State for information of

lv{inister/lr{inisters /Ministers of State.

sd/-

Deputy Secretary (Vigilance)

for Chief Secretary to Govt' Punjab

Vigilance DePartmant

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No.l9/l/79-Y(3)/9135

PUNJAB GOVERNMENT

( vrcrLANCE _l BRANCH )

15-10-1979

To

All Heads of Departments,

Ail Deputy Commissioners in the Stare

Registrar, Punj ab and Haryana High Court

All Distt, and Session Judges in the State.

Sub:- Policy And Procedure Relating To Vigilance Enquiries And VigilanceCases

Sir ,

1

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Dated: Chandigarh, the 156 Oct. 1979

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I I am directed to say that Govt. have recenlly considered certain aspectsof the above mentioned subject and have decided to give approval to ce(ainnew measures,/have made certain modifications of the instructions alreadyissued vide circular letters dated t5-9-67, r-6-6g and 9-5-7g which shouldhelp to accelerate disposal of vigilance enquiries and vigilance cases and toroot out comrption in various departments of the State Gort. The measuresand modifications are indicated below:-

(D The Administrative DepartmentVlleads of the Depa$mentsthemselves should continue to exercise full vigiiance on the work andconduct of, the Govemment employees working with them. Thedesignated vigilance of{icers and also Heads of the Directorates maymaintain registers. indicating complaints received against theiremployees and action taken in the matter. The complaints and finalreports of enquiries reGrred by the Vigilance Departrnent may also be

\._ l'-t

noted in these registers. They should send periodically retums in

appropriate performa to be prescibed by the Vigilance Department

to the Vigilance Deptt' The Secretary Vigilance along rvith the

I.G.Vigilance should also hold periodrcally review meetings with the

Vigilance offrcer of ' various departments' Once in a period or so'

meeting would also be convened ar the level of Chief Secretary with

Secretary Vigilance and AdminisEative Secretaries for a general

revlew .

(ii) It has been noted that there is a whole time AIG(VIGILANCE) in

Punj ab State Electricity Board ' It is felt that major autonomous

Boards and Corporations in the State should also have some offtcers

designated as Vigilance Officers These Vigilance Ofrrcers in the

Boards should discharge vigilancc functions for their employees and

alsomaintaincontinuousliaisonwiththestateVigilanceDepartment;

tErl) At present rhe jurisdiction of the Vigilance Department is barred for

the employees of autonomous Bodies and Corporations including

Irnprovement Trusts even though such employees are public servants'

It has been decided that the State Vigilance Department should have

jurisdiction over the employees of statutory Boards' Corporations'

knprovement Trusts etc' The Vigitance Bureau however' rvould take

note of and enquire into cases of criminal misconduct only on the part

of such employees as may render them liable for prosecution under

Prevention of ComrPtion Act'

tit) At Present non gazetted staff in various departments are beyond the

purview of the Vigilance Bureau' It has been decided that while the

Vigilance Bureau may continue to primarily deal with important cases.

involving senior officers, it should not be bafied from making

enquiries against NGOs . However such enquires in regard to NGOS

shguld ordinarily not exceed 5 to 10% and cover serious allegations of

disproportionate assets, cheating, forgery, embezzlement of funds and

93

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misappropriation erc. \rhire the bulk of the cases in regard to non-gazened staff may appropriately continue to be handled by theconcemed depaftments , the selective entry of the Vigilance Bureau inthe field should have a healthy deterrent effect . The Vigilance Bureaumay have full powers regarding registration of enquiries and casesagainst NGOs but sanctions would be given at the level ofS.P.Vigilance. On the basis of evidence collected during investigationof regular enquiry or a criminal case as to what further necessaryaction is to be taken should however be decided by the VigilanceDepartrnent.

(v) In regard to procedural matters which impede the progress of enquirieswith the Inquiry oflicer, it has been decided inter aria that the DistrictAttomey a$ached with the Inquiry Officer may act as the presentingOflicer for all enquiries which are referred direct by theAdministrative Departnents to the Inquiry Officer( Vigilance).

(vi) It has been decided that in the interest of clean administratronVigilance Clearance certificates may henceforth be made aprerequisite in all cases of promotions, empanelment, retirement and.deputation on foreign sewice etc. of Govemment employees .

2. The abbve decisionVguide-lines may be noted for compliance by theVigilance Bureau as well as various departments of Govt. and furthernecessary action be taken as cmphasised.

youn faithfully,

sd/-

( Gulwant Singh )Deputy Secretary Vigilance .

94

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21-12-t919

PI.]NJAB GOVERNMENT

Department of Vi gilance

(Vigilance I Branch)

All Heads of Departments

All Commissioners of Divisions and

Depury Commissioners in the State.

Dated, Chandigarh the 21" December,19'19.

Policy and procedure relating to Vigilance enquiries-

ance of registers indicating action taken in the matter regarding

laints received against their employees direct or through the Vigilance

t Sending of Periodical retums.

Yours faithfully,

sd/-

Gulwant Singh

Deputy Secretary Vi gilance

95

No . l9(af 79-v(3)/

tL,I.am directed to refer to Punj ab Govemment, Department of

lfuilance lena No.19(1)79-V(3)9135 dated'the 156 October, 1979, on the

ljcct mcntioned above , and to say that according to the decision conveyed

*l para(I) of the above letter the periodical statements may be sent quarterly

,i the performa enclosed herewith. The first retum for the quarter ending

131.12.1979 should be reach this Department by the 15o January,l980

''*itivcly. Subsequent retums may be sent by the 15 th of the month

Hbwing thc quartcr.

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Report for the period from to

i.e. for the l/Il/IIyN th quarter ofthe

1. No. of complaints pending at the end

of the previous quarter:-

(a) received direct :

b)received through Vigilance

Department:

2. No. of complaints received during the

quarter under report:

a) received direct ;

b)received. through Vigilance

Department:

3. No. of complaints /comrption .cases

finally disposed off (detail to be given in

annexure -I ).

4. No. of cases pending at the end of the

quarter in which criminal proceedings

have . been /are proposed to be

launched (detail to be given in

annexure-Il).

5 .No. of cases pending in which action

is being taken under the p&A rules

, 1970 (detail to be given in annexure -

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Proforma for sending periodical rctums t0 Vigiiance Department in respect of Icomplaints \ Comrptions cases finally disposed off showing work done by the

Idesignated Chief Vigilance Officer and Vigilance officers. I

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\o of cases stili unclassit-ied p'lus

Sose cases in rvhich it is p:cp':s':c to

*am a Govt. emPloYee to be mole

careful io future .

-i \o. of complicated cases which have

been referred to Vigilance

Departrnent for investigation' (detail

to be given in annexure-IV).

3- Details of work done bY the Chief

Vigilance Officers and Vigilance

Officers during the quarter \rndet

report.

Signature of the Chief

Vi gilance Offi cer/Vigilance

oificer'

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ANNEXURE -I

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@@

Com laint casesSr. No -Date of receipt oI complaint

alongwith the name of theCOITI lainant

Againsl whom Brief gist o, allegalions Final action takcn

3 4 5EIrIIIIIIIrrrrrIIIrI

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E*il.&ltlll5.rr--a.lLr.r.r/r 3

CRIMINA L PROCEEDINGS CASES ,':;,!r', lr,; rl,t|rY rt tlrr, 'ts nrorc llrll0 oll(t yosr okl

04 5

2

Present stageSub.iect with brief gist ofallegations.

lainant

Date of reciptcomplaint

alongwith thename of the

Against whomSr.No.

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ANNI.XtJ'tl.'ll

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ANNEXURE -IIIDEPARTMENTAL PROCEEDINGS CASES )

Oo

Sr.No

Date of receipt ofcomplainls /FinalReport

Agajnst Whom Subject with brief gist ofallegations

whether actions is being takenunder rule 8or 10 of the P&Arules 1970

Present stage (reasons for delay ilths case is more than one yearold.

1 2 3 4 l; 6rIIIrlIrIIrIrIrrIIII

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linirsl

ii i ;t

Subject with brief gist of allegationsNo. & dBte of lettervlde which matterretered to vigilanceD€parlment

A.gainst WhomSr.No

Date of receipt ofcomplaint and thoname ofcomplainant

41 2 3 5

IrrrI

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Cases referred to Vig ilance Department)

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ANNEXURE.IV

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Copy oi letter No.19(1)79-y(3)i222 dated 10s Jan:1980 to All i{eads of

Depanments, and Commissioners and Deputy Commissioners in the Srtc etc.

Subject:- Policy and procedrue relating to Vigilancc enquiries and

Vigii-tce cases.

Si;.

I am directed to refer to inskuctions issued by

the Department vide letter No.19(I)79-V{3)/9135 dated 15.10.1979 on the

above subjeet and to say that Government have reconsidered rhe matter wirh

regard to obtaining Vigilance cleamnce certificates before promotions etc. ofthe Govemment . er.tployees. Thc abtrve mentioned instructions in this respect

are modiJied to the extent that in future vigilaace qiearance bcrtificatcs in

respect of integrity would be pre-requisite in all cases of promotions,

empanelment and deputation on foreigt taining etc. of Class I State Sen'ices

Ofiicers(including promotion of Class II Officer to Class I) and All India

Service Oflicers. For the remaining employees the necessary clear4nce

certificates may be trken by the Department concemed from their own Chief

Vigilance Oflicer who wili keep necessary liaison with this department.

2. The Vigilance Clearance Certificate beforc retirement shall

continue to be obtained from this department in respect of all gazetted officers

as before sanction of.

r02

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GOVERNMENT OF PUNJ,L?

DEPARTME].'{T OF VIGILANCE

(VIGILANCE I BRANCH)

To

The Director, Vigilance Bureau,

Memo No. 1 9(28)80-v (3)/2058

Dated, Chandigarh, the 20 th June,I980

Streamlining the scrutiny of Vigilance enquiries and case-

Measures for.

Reference your letter No. 22174AIB/CC.6 dated the 19 th

September,l978, on the subject noted above.

2. The matter regarding allegations which are reported to be unproved by the

Investigating OfEcer/Vigilance Bureau has becn reconsidered by the

Govemment and is has been decided that in future Vigilance Bureau while

sending Final Investigation Reprorts may give detaile<i reasons in his

Forwarding Memo. In respect of each and every allegation whether the same

is proved or not..

3. It has been further noticed that prompt follow up action is not taken in

Vigilance Bureau in regard to various decisions of the Govemment and that

action is taken after great delay This results in the accused escapin-e

unpunished. Even in cases in which criminal cases are allorved u be

registered as proposed by Vigilance Bureau the cases are not qcturliy

registired for months together and even reminders have rrr be issued to iind

out whether the cases have actualiy been registered or not? As such prompt

implementation action regarding decisions of the Government should be taken

at all levels of Vigilance Bureau .

4. The above instructions may be brought to the notice of all concemed for

prompt compliance .

sd/-

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Subject

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Gulwant Singh

Deputy Secretary Vigilance

No. l9(28)80-V(3y2059 DatedChandigarhthe,20$June,1980

A copy is fonvarded fol infonnation and necessarv action to:-

(1) Budget & Establishment Oflicer, Vigilance Department .

(2) Superintendent, Vigilance I Branch.

(3) Superintendent, Vigilance II Branch.

(4) Superintendent, Vigilance m Branch.

(5) District Attomey, Vigilancd Department.

(6) ADA Vigilance /EA Vigilance.

2. Tne cases where information regarding irlplementation of the decisions ofthe Government is not received from Vigilance Bureau, punjab, for a

sufficient long time may in future be brought to the notice of DSV/H.S .

sd/-

Gulwant Singn

Deputy Secretary,Vigilance.

I

104

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. lii

GOVERNMENT OF PTJNJAB

DEPARTMENT OF Ir'IGILANCE

(VIGILANCE -I BRANCH)

The Director, Vigilance Bureau,

Punjab.

Memo No . I 9/10/79-V(3)/5054

Dated : Chandigarh ,the 4.7.1980

Reference subject noted above

2. Govemment have considered the matter regarding investigation of

Vigilance enquiries/cases and have decided that the following time schedule

is observed for investigation disposal ofvarious types of enquiries/cases:-

PPJLIMINARY ENQI,JIRIES :

The final report in the preliminary enquiry registered under the orders

of Govt. or by Director Vigilance Bureau diiectly, should be submined

where necessary , to the Govt. within a period of one month. Where it

is not possible for the lnvestigating Oflicer to complete the preliminary

enquiry within one month, a further extension of one month should be

obtained from Director, Vigilance Bureau. So in any case, the rep66

on a preliminary enquiry should be submitted to the Govt. after a

period of two months positively. If a Preliminary enquiry is registered

under the orders of Gow. it may also be ensured that the same is

registered immediately on receipt of such rcference in Vigilance

Bureau.

of

a

.gh

ce.

.t-7-19E0

105

I

F

tfld

Subi Measures for speedy disposal of Yigilance enquiries/cases.

REGULAR ENQUIRIES:

ln case of a Regular Enquiry , final report after enquiry shopld be

submitted to the Govt. rvithin a period of six months positively .

Extension for a period beyond six months should be sought after

recording reasons by Director Vigilance Bureau like non -cooperation

of the officcr ,non -availability of record or the enquiry being

complicated or conteining a large number of allegations . It may also

be ensured that no delay occurs simply in registration on such an

enquiry .

RAID/TRAP CASES:

In raid /trap css6 it may also be ensured that the challan is put in acourt of competent jurisdiction within six months from the date oflaying such a trap Criminal cases registocd as a result of pE/RE Insuch cases it may be seen that investigation is completed within a

period of one year ,

3. The following decisions are re-iterated

emphasizcd:-

for compliance as already

(a) When it is recommended by Vigilance Bureau

that the delinquent officer/official be proceeded against

departrnentally, it may be ensured that drafrs ofsiatement of misconduct 8nd statement of imputations

etc. are enclosed with such a reference.

(b) When comments are asked for from VigilanceBureau on replies submitted by delinquenUcharged

oflicers it may be ensured that the s ne are sent toVigilance Departrnent within a period of one monthurgently except in complicated cases where an

cxtension ofonly l-2 weeks maybetakeir.

l06

(c) ln those cues whue prosecution sanction is

asked for ,it may be seen that the draft prosecution

sanction order is sent with such a reference.

4. \t is requested that the abore instructions may be broug\t \o tre notce

of a\\ conceme tor sttic\ comg\\anc,e.

GTJ'I-WANT SINGH

DEPUTY SECRETARY VIGILANCE

No.l9110/79-v(3)/5085

A copy is forwarded to:-

Dated : Chandigarh the 4-7-1980

The Budget & Establisbment Offrcer, Vigitance, Depn.

Superintendent Vigilance -i Branch.

Sup erintendent Vigilance -II Branch

Superintendent Vigilance-Ill Branch

It may be ensured that the references received from Vigilance Bureau

are promptly dealt with and those cases were replies are not received within

the period as prescribed above are brought to the notice of Deputy Secretary,

Vigilancey'tlome Secretary.

(Gulwant Singh),

Deputy Secretary,Vigilance.

1

,,

J

4

107

i

I

i

lI{,I

I{{i

I

No,l9(9)79-v(3)/6862 25-E-19E0

To

All Heads of Deparmrents ,

Commissioners of Divisions and

Deputy Commissioners in the State .

Dated, Chandiguh, thc 25 th Aug. ,1980.

Sub:- Eradication of comrption-stopping of parallel inquiry

Administrative Departments rvhen a regular cnquiry is registered

Department of Vigilance,.

by

by

Sir,

I am directed to refer to Punjab Govcmmcnt ,Department ofVigilance's Circular lener No. 3647-V(3)-'tg/41j5 dt . S.5.1978,1in which itwas inter-alia laid down that no administrative departments should hold an,

enquiry into a maner which is being probed by thc Vigilance Department.

Rather in such cases the Administrativc Departncnt should cxtend fullassistance to vigilance Bureau in the investigatiop. It has mme to thc notice ofGovemment that these instructions am not being meticutously followcd. Insuch cases there is always a chance of conflicting conclusions being arrived dt

This might be embarrassing to be Govenunent more often than not. (2. For the facility of the Departments it has becn decided that this

department shall send information along with the list of allcgations whcn a

I108

Govemment of Punjab

Department of Vigilance

(Vigilance J Branch)

reSular enquiry is registered against an ofEcer/olficial of your Department. It

is now requested that the insEuctions issued vide letter under reference may

be strictly followed in future .

' sd/-

(Gulwant Singh)

Deputy Secretary Vigilance

A copy is forwarded to all Financial Commissioners and

Adminishativc Secretaries to Govemment Punjab for information and strict

compliance in continuation of this departrnents' U.O, .endorsement No. 3647-

Y(3)-781 Dated 5.5.1978.

sd/-

(Gulwant Singh)

Deputy Secretary Vigilance

To

L All Financial Commissioners Punjab.

2. All Administrative Secretaries to Govt. Punjab .

U.O. No.l9(1)80-V(3)/ Dated,Chandigarh, the 256 Aug. 1980

l@

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PUNJAB COVERNMENT

DEPARTMENT OF VIGILANCE

(VIGILANCE - I BRANCH)

5-2-r 9E 1

(iii) I I

It

ll

c

a

S

t

3

officer r

be taker

by thc I

To

The Director ,Vigilance Fureau'

Punjab.

Memo No. l9(22)E0-v(3Y869/

Dated , Chandigarh the 5 th February,l98l '

'- Sub:- Source reports Iniriation there of'

Referencc subject noted abovc'

2. It has becn noticed that a large numbcr of sourcc reports 8re initiated

but allegations ue cstablished in a very small numbcr out of the preliminary

enquiries and rcgrlar enquiries rcgistered' This shows that avoidable

hsrassment is caused to the officcrJoffrcials on the basis of thcse reports' ln

order to put rcasonable check on the Vigilancc officcrs in the field who

initiate zuch souroe r€ports it has bccn dccidcd by Govcmment that thc

following action is to be taken in this rcspecti

(i) That beforc initiaring thc sourcc report the officer concerned must

vcrify thc information givcn by thc informer or obtaincd by him

. othenvisc by making local secrct inquirics and submit sourcc report

for futurc action only if hc is satisficd &at Primc'facic the allegations

are correct.

ll2

(ii) To keep a check on persons making false accusations against thc

officers, the Vigilurcc Policc ofEccrs should ask thcm to file affrdavit

if so considcrcd neccssry by the officer so ur to satisry about the-

allegations being prime facie correct

I

I

I

(iii) lf subsequently , the allegations in the source report are found to be

false or baseless, a report should be initiated against the officer, for

taking suitable action against him in order to ensure rhat the officer

concemed should discharge his responsibility regarding verification of

allegations properly and after the initiation of the enquiry, he should

show proper diligence in collecting evidence for proving the

allegationsr

3 This may be brought to the notice of all the lnquiry/ investigating

officer of the Vigilance Bureau for compliance. Strict disciplinary action may

be taken if after inquiry it is established that the source repon was submitted

by the Inquiry officer as a result of ill- will malice or some ulterior motive.

Sd/-Gulwant Singh

Deputy Secretary Vigilance

ll3

T

I

No. 19(23)-80-v(3)/87 I

Govt. ofPunjab

Department of Vigilance

( Vigilance -1 Branch)

s-t-198i (i) Tha

autl

agai

offt

nga

/Ior

sho

alle

alle

ofll

of

aoc

(ii) Thr

clrt

be

Inr

lin

be

rh:

sel

all

co

co

Pr

2Tlthe abovr

launching

brought

complian

To

All Heads of Depanments ,

All Commissione$,/Deputy Con missioners,

in rhe State.

Dated : Chandigarh thc 5 th Fcb.,l981

Sub:- Action agrinst persons who make wild and basdless allegations against

Govt. cmployees .

I I am directed to refer to you on the subject noted above and to say that

it has- been felt that very wild and serious allegatiors including corruption

and disproponionate assets are made against Govt. employees . As the proper

procedure is not follorved before undertaking cnquiries on the basis of such

complaints it becomes dificult to take action against the complainants when

the allegations made by them are found to be false and baseless . The Golt.

does not believe in launching any witchhunt against the Govt. employees

an4 therefore wild and baseless accusations against Govt. employees deserve

to 5e curbed down. In order to enable the oflicer complained against and the

enquiry officers to launch prosecution against the complainants who are found

to have made false accusations against Govt. employees in the Judicial courts

under section 182 IPC and 211 IPC , in consultation with the Law

Department, it has been decided that the following procedure should be

followed before undertaking any enquiry:-

114

Sir.

(i) That u,here information is given by a complainanr wirh intcnt that the

authority concemed may take action against the oflicer complained

against which may not amount i: nraking charge of any criminal

offence or with the intent that criminal proceedings may be instituted

againsl the public servant complained against the lnquiry Offrcer

Anvestigating Ollicer , before taking up the enquiry/invesrigation

should ask for an affrdavit from the complaiaant m suPpon of rhe

allegations made by him so that later on, if after invesrigation these

allegations are found to be false that inquiry officer,{ln'r.esrigaring

oflicer could filc a complaint under section 182 IPC in a court of La*'

of competent jurisdiction for prosecution of the complainant lll

accordance with the provisionsof section i95 Cr. P.C. -(ii) That if thc allegations made by the complainant arnount to nra-king of

charge of any criminal offence wilh intent that criminal proceedings

be instituted against the public servant complained againsr , then the

Inquiry Officer/l-nvestigaring Oflicer before raking up the enquiry

/investigation should record the starement of the complainant .It should

be clearly recorded in the statement whether the complainant desires

that the criminal proceedings should be instituted againsr the public

servant complained against. If after inquiry/investigation , the

allegations made by the complainant are found to be false, the officer

complained against can frle a complaint for prosecution of the

cornplainant under section 2tl IPC in judicial Court as in that case

Provisions of Section ofl95 Cr.P.C .would not be attracted.

2 The Inquiry/Investigating O{Ecer should be fully impressed ro follow

the aborre procedure meticulously .o thut ,o difficulry is experienced inlaunching prosecution against such complainmt. These instructions nray be

brought to the notice of all inquiry officers/ investigating Officers lor strict

compliance.

ll5

I

I

I

Yours faithfully,

I

I

sdi-

(Gtlwant Singh )

Deputy Secretary Vigilance

No 19/23l80V(3) /872 Dated .Chaniiartr the 5 th Feb.,l981

A copy is forwarded to DVB Punjab for imrnediate necessary action

I. ,Jer intimation to this Department .

-lq

I'hc

Vigi

Ntet

Dat

Sub:- F irr

Re!

Rcl

2. ln,

bcen &cid

adhered tr

enquiries:'

PF

Th

en

th,

Bt

Ot

Et

pr

a,

i116

F

PUNJAB GOVERNMENT

DEPARTMET.\T OF VIGiLANCE

VIGILANCE I BRANCH

21-?-1981

To

Thc l)irectr:r ,

Vigilance Bureau , Puniab

M*mc No. 19(13) 79-V(3)"5037

Dated, Chandigarh the 2l July '1981'

sub:- Fixation of time iirnit lbr investigationrdisircsal c'f Prelimin:'r1

Reguiar Enquines by the Vigllance llureauif)epautltcui

Reference subject noted above'

2. In order to accelerate the disposal of vigilance enquiries/cases it bas

been decitled by the Crovernmenl that the following time schedule should be

adhered to by the Vigilance Bureau for disposal of Preliminary/ reguiar

enquiries:-

PRELIMNARY ENQUIRIES

The Vigilance Bureau shall ensur; that final report of a preliminary

enquiry is submitted to Govenrment within two months period from

the date of its registration. ln exceptional cases Director Vigrlance '

Bureau shall move thc Govemment for relaxation of tiris period '

Otherwise .in norrnal cases, where investigation of a Preiiminary

Enquiry is not completed 'riithin a period' of two months ' a

presumption will arise that *Jre allegations are not prima-facie correct

and Preliminary Enquiry should be dropped'

I

l

I

11?

REGLTL.qR ENQL'IRTES

(D Investigation inro an R.E. will be completed by the

Investigating Officer rvithin a period of six months.

(ii) V.B. after examination of the report of the Investigating

Officer and after obtaining further information, if.. necessary should

submit the final report to Vigilance Department within a period of1- 1/2 months. Superir

2. It is rec..resi:.ri that the abor.e tirne-schedule may be got noted from all

concemei,.,-.r srnct observ.auce.

(Daljit Singh )

Superintenderrt

\o. l9( 13)79-V(3)/5038 Dated, Chandigarh , rhe 21 st July 1981

A cop-v ls ibru'arded tot-

i Budget & Establishmenr Oflicer, Vigilance Department, purjab

l. Superintendent, Vigilance I Branch.

3. Superintendent ,Vigilance II Branch

4. Superintendent, Vigilance III Branch .

5. District Attomey, Vigilance Deparrment ,punjab

6. Examiner .{,ccounts, Vigilance Department .punjab.

for irtbrrnation and necessaly action.

2. It has been decided that action may be taken in this Department ford.isposal of reports submined by the Vigilance Bureau ,punjab as Under:-

Examination of the reports submitted by the Vigilance Bureau

even rvhere a back reference is necessary to obtain further

(D

r l8

k

tht

II

I{

lI

information from the Vigilance Bureau should be cotnPletad

within a period of three months .

(ii) r\ period ofone and half month should suffice for disposal at

the level of Secretary Vigilance and Chief ivlinister.

Superintendent.

119

(Daljit Singhl

I l

GOVERN;a{ENT OF PITNJAB

DEPARTMENT OF VIGILANCE

(ViGILANCE -I BRANCH )

I1-7-l9El Underta

should I

other rCOll! i'l

(a)

(b)

(c)

Thirdl'

Punj at

dispror

propo.(

Punjat

CBI *As re1

lnqulr

instrur

merits

crinrir

cases

suppo

As re1

Enqui

Vigila

vestec

witho

Burea

To

Memo No. 19(45)80-q3)/5040

Dated: Chandigarh the 21 st July ,1981

Sub: Guidelines For lmproving The Working Of Vigilance Bureau, Punjab .

Reference your office memo No. 36874/8 iCC-6 dated thc 1 I th

Februar)', 1981 on the subjecl noled above.

2. The suggesrions gi,,en by you in tire letter under reference have been

considered by the Gol.t. and in order to improve the working of the Vigilance

Bureau, Funjab the following decisions have been taken:-

(i) It has been decided that enquirieVcases against the political leaders

n'\ay nor be enmrsted to Vigilance Bureau, Punjab so that they may

concentrate on enquiries icases against Govt. employees or

employees of Public undmakings Pending the constitutions of

Lokayulita or Lokpal enquirieV cases against the political leaders

may be handled by CID and the Home Department and in future such

complainrs may be refened to them.

(it;, lt has also been decided that enquirieVcases should be undertaken

selectively and enquiries need not be initiated in each and every case in

which allegations are made against employees of Gort./Public

(iii)

(iv)

(v)

120

The Director ,

Vigilance Bureau,Punjab,

Chandigarh.

II

I

II

t

Undertakings .Normally enquiry relating to the following alles2don

should be conducted by the Vigilance Bureau and enquiry relating to

other types of allegations rnay be left to be looked into bv the

corrcemed Departments /Ileads of Departrnents.

(a) Assets disproportionate to the know sources ofincome.

(b) Allegations constituting offences under prevention ofComrption Act and under Sections 161, 162,.163, 164, 165_A,

166, 168, 169 170, r.tl,t 4og/420, 467,488,47t_N 4.77t 120-

B of Indian Penal Code ( IpC ).

(iii) Thirdly it has been found that the proposal of Vigilance Bureau,

Punjab for the services of one DSp to look into cases ofdisproportionate assets is justified. you may therefore, submit a

proposal suggesting the competent, well reputed and experienced

Punjab Police retired or in service for the purposes, having background

CBI work.

(iv) As regards registration of criminal cases pending for completion ofinquiry, it has been decided by the Govt. that no amendnlenr in the

instructions dated 9.5.78 is called for. Every case will be examined on

merits and where material on record justified the registration ofcriminal case, the same can be allowed to be registered and in othercases fuither justification has to be fumished by Vigilance Bureau insupport of their proposal.

(") As regards the proposal to vest all powers for the disposal of RegularEnquiries/ criminal cases against non-gazetted offrcer in theVigilance Bureau it has been found that already sufficienr po\\,ers arevested in the Vigilance Bureau for such disposal independentlywithout reference to the Govt vide instructions dated 9.5.7g VigiianceBureau is competent even to refer the cases against non-gazetted for

iI

(c) Allegations of moral turpitude.

1

,

II

F

t2I

4!

prosecution sanction directly to the Head of the Department

concerned and only proposals for filing crimlnal cases as untraced and

reports of Regular /Preliminary case enquiries against non-gazetted

officers are required to be submitted to Govt. as per instructions dated

15.10.1979. After considering the whole matter the aforesaid

instnrctions are modified to the extent that reports ofPreliminary/Regular Enquiries may be sent directly by the Vigilance

Bureau to the Head of the Department concemed for appropriate

action and ensure necessary action against the delinquents by necessary

correspondence wilh them . It is further decided that intimation to this

effect should always be sent to this department whom reference to the

head of Department is made for prosecution sanction or result ofenquiries is conveyed to them.

(vi) Lastly it has been found that vanous decisions taken by the Govt. are

not implemented by the Vigilance Bureau , in letter and spirit thereby

resulting in delay in the disposal ofenquiries /case for example:-

(a) Drafl chargesheet alongwith the Final report rvhere

departmental action is suggested against the delinquent is notfumished there by necessitating a back reference for the

purpose and delaying the disposal by a period of 3to 6 months.

(b) Comments on the reply of the oflicers to the charge sheei are

required to be lubmitted within a period of one month butgenerally such comments are submitted after a period of 6months to one year.

(c ) Clarifications on essential points are submitted generally after aperiod of three months to one year and investigating officerswhen summoned for clarifications take- long time to come andsometime they are not ready with the requisite information.

(d

T]

COnCemei

t22

t

(d) A time schedule has been laid down for the submission of

reports in PE /REs within a period of 2 monthV6 rnonths but

this is seldom adhered to. In future the decisions ofthe Gov1.

on these points should be complied with strictly.

The above decisions of the Govt. may be brought to the notice of all

concemed for compliance in letter and spirit .

:.

a\

'l,l

123

t

II

III{

I

GOVER}JMENT O}' PIhiJAB

DEPARTMENT OF VIGILANCE

(VIGILANCE I BRANCH)

21-7- 1981

Subject:- Departmental action against All India Service Oflicer.

\Yill the:-

(i) Departnent of Personnel &Adminishative Refomrs,

Punjab

(ii) Department of Home ,Punjab and

(iii) Depanmenr of Forests, Punjab,

refer to the subject noted above.

2 lt has been decided by the Govt that although Vigilance Deparlment iscompetent to rake depa(mental action against Alt India Service officers forimposition of minor or major penalties yet as a matter of policy action forimposition of such penalties on All India services Officers may continue to be

taken by the respective Administrative Department as heretofore as they have

to consult the Union public Service Commission an<I Ministry of HomeAJfairs. Govt. oflndia, before imposition ofsuch penalties .

Deprity Secretary,Vigilance.

To,

2t-7-1981

letter

and k

para I

)

accorl)

2)

3)

The Dqrartment of Personnel & A.R.punjab

The Department of Home ,punjab.

The Department ofFoiests, punjab.

Dated Chandigarh, the 21'r July,1981U.No. l9l13/79-V(3)/

121

No lt

I,:

tIt,

I

{I

II11,t

Ii

iI

To

Subje,

No19(3s)8o-v(3)/1e1o

PUNJAB GOVERNMENT

DEPARTMENT OF VIGILANCE

(VIGILANCE.I BRANCH)

12-{-198X

To

All Heads of Depanment ,Registrar, Punj ab &

Haryana High Court , Commissioners of Divisions

and Deputy Commissioners in the State.

Dated, Chandigarh, the i2 April, i982.

Subject:- EradicationofComrption

I am directed to invite a reference to Punjab Govemment circular

letter No.7462-V(l)-67126554 dated 15-9-1967 , on the subject noted above

and to say that the Government have decided to substitute the Note II below

para 1(D) thereof as uuder:-

2. I am to request you that the above instructions ma-v be amended

accordingly and brought to the notice of all concemed.

Yours faithfully

(Guiwant Singh)

Deputy Secretary Vigilance

Dated, Chandigarh, the 1? April, 19E2.

\-a

i\.

No 19(3s)80-V(3)/1 891 1

125

I

'The Vigilance Department would not take cognizance of

anonymous and pseudonymous complaints and the same would be

destroyed 1filed."

I

I

I

I

III

IIiI

,1

4-8-1982

Copy of letter No' 4/3/81lPF i 10834' dated the 4 th August'1982 ' issued by

the Deparfilent of Personnel and Administrative Reforms(Personnel Polices

Branch) addressed to all Heads of Departments' Registrar 'Punjab and Haryana

High Court ,Commissioners of Divisions all Deputy Commissioners and Sub -

Divisional Oflicers (Civil) in the Siate and copy to all the Administrative

Secretaries to Government'Punjab'

Subject:- Procedure to be followed in cases 'where the tum of an

officer/official whose conduct is subject to an enquiry comes up

for retirement or Promotion to higher post'

To

A

R

A

il

T

It

Dated: 4-8-1982

I am directed to invite a reference to Punjab Govemment circular

letter No. 4/3,/81 .lPP/3 5 0o,dated 15.4.1981 on tlre subject' where in it was

emphasised r\at the promotion of an employee on the date should be with-held

only if actionable marerial under the relevant punishment a'rd appeal rules

had been brought out and it was intended to take action against him undei

the said rules. The matter has becn considered furthcr and it has now been

decided by the Govemment that preliminary enquiries will not affect

promotiodpension etc' and only regular enquiries where charge-sheets h:ve

been served or chalrans have been put up in a court of law shourd be taken

'into consideration lor withholding the promotior/pension of the concerned

emploYee .

2. The above instnrctions

concerned.

may please be biought to the notice of all

Please acloorvledge the receipt of this letter'

Sub:

-)

ryIEE

126

Sir,

expedit

Officet

Coven

up due

the or

requis

consit

emplc

Vigill

due t

1

No. 19/6/83-V(3)/iE5

GOVERNMENT OF PLINJAB

DEPARTMENT OF VIGILANCE

(VIGILANCE I BRANCH)

All Heads of Department ,

Registrar, Punj ab and Haryana High Court'

All Commissioners, and Deputy Commissioners

in the State.

tbv,lices

yana

Sub -

rative

of an

1es up

ircular

.it was

th-held

rl rules

r undei

w been

t affect

:ts have

)e taken

,nCemed

:e of all

To

Dated:Chandigarh, the 15 th Feb., 1983

Sub: Expeditious disposal of departmental inquiries being conducted by

the Inquiry Officer, Vigilance Punjab

Sir,

I am directed to rei'er to above subject and to sate that the question of

expeditious completion of the department inquiries conducted by the Inquiry

Officer Vigilance Punjab Chandigarh,has been engaging the attention of

Govemment. It has been observed that these departmental iaquiries get struck

up due to frequent absence of the Govemment employees facing enquiry, on

the one ground or the other as well as the delayed supply of the records

requisitioned by the Inquiry Offtcer from various quarters' After

consideration of the matter , it has been decided that the Govemment

employee facing enquiry shall appear regulariy before the lnquiry Officer,

vigilance, Punjab on each date of hearing and if his absence is unavoidaui -

due to exigencies of work or otherwise on any date of hearing, he will be

1S.1-19$ll

127

required to submit a certificate to his supen'isory oflicer explaining the

reasons for abserce on that date failing which the enquiry rvill procced ahead.

As regards records requisitioned by the Inquiry Officer., Vigilance punjab in

connection with inquiries pending before him, il will be the sole responsibility

of the Administrative Department and Head of the Department concemed to

ensure that the records are fumished to him before the due date, failing which

the probable date for its supply rvill be intimated to the inquiry Officer .

).' ' Acaordingly , you are requested to bring these instructions to the notice

of all the Govemment employees of your department and to ensure their

meticulous compliance . yours faithfull5

sd/-

.. M.M. Oberoi

Deputy Secretary, Vigilance.

A copy is forwarded to the Financial Commissioners, and allAdministrative Secretaries to Govemment punj ab for infonnation and similar

action.sd/-

M.M. Oberoi

Deputy Secretary, Vigilance.

To

The Financial Commissioners and all

Administrative Secretaries to Govemment Punjab.

U.O.No.l9l6/83-V(3y Dated:Chandigarh,thel5uFeb.,lgS3

A copy is forwarded to the Director, Vigilancc Bureau, Punjab for

information.

2. He is requested to ensure that complete addresses of witnesses are

given in thc drafts of iharge-sheets supplied to the Gort.

To

Tht

virCh:

Sub:

N{e

D"t

Pol

Car

Rel

on thc subj

2. Co'

class II ca

safcguards

intimatron

of thc allel

A

Establishm

r28

No. l913/8

Il

GOVERNMENT OFPLINJAB

DEPARTMENT OF VIGILANCE

(VIGILANCE IBRANCH)

15-1-19E3

To

Sub:

The Director,

Vi gilance Bureau Punj ab,

Chandigarh.

Memo No. 19/5/83-V(3Y787

Dated:Chandigarh,l5 th Feb, 1983

Policy And Procedure Relating To Vigilance Enquiries And Vigilance

Cases.

Reference this Deptt. Memo No.l9ll/79-V(3y 1249 dated 22.2.1980,

on the subject.

2. Govt. have decided that regular enquiry against any gazetted oflicer

class II can also be registered by the Director, Vigilance Bureau, but with

safeguards against any abuse/misuse in the matter. Funher the requisire

intimation about the regisration of any such enquiry together with summary

of the allegations (in duplicate) shall be sent to the Govemment immediately.

- sd/-

M.M. Oberoi

Deputy Secretary, Vigilance.

No. 19/3/83-v(3)/788 Dated : Chandigarh the 15.2.88

A copy is forwarded to all the Supdts. including Budger &

Establishment Officer of the Vigilance Department Punjab.

129

II

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t

II{

II

No.I9r 7r 83-V(3)/2826l6-2-r 963

GOVERNVENT OF PUNJAB

DEPARTMENT OF VIGILANCE

(VIGILANCE I BRANCH)

To

All Heads of Depanments, Registrar,

Punjab and Haryana High Court and

AII Commissioneh ahd Deputy Commissioncrs

in the Statc.

Dated: Chandigarh,the l6,h Feb., 1983

Sub: Policy and procedure relating to sanction for prosecution in respect ofvigilance cases

Sir,

I am directcd to invite your attcntion to the instructions contained inthe Punjab Govcmmenr circular lener No. 2l24-V(3) -7El5g61 dared

I1.7.1978( copy enclosed for ready reference) and to say that some instances

have come to the notice of Govemment that when VigilanceBureau/Departrnelt approach the authority competcnt to grant sanction forlaunching prosecution as required undcr section 6(r) ( c) of the prevention of

' comrption Act, the requisite sanction is sometimes derayed inordinately and

in some cases it is granted mechanically without applying mind to thc facts

and circumstances ofthc case, creating thereby numerous complications in the

smooth disposal of the comrption case. It is therefore, again requested that the

aforesai.d instmctions may be strictly complied with in the matter of

according prosec

mind to the fact

sanction as expr

comrption case.

To

All thc Fi

Administ

Punjab.

U,No l917/81-Vr

130

A copy t

Financial Comm

Punjab for inlon

J

I

according prosecution sanction . The competent authority after applying its

mind to the facts and circumstances of the case may grant the requisite

sanction as expeditiously as possible to ensure speedy disposal of the

comrption case.

Yours faithfully,

sd/-

M.M. Oberoi

Deputy Secretary, Vigilance.

A copy alongwith a copy of the enclosure is forwarded to all the

Financial Commissioners and Administrative Secretaries to Govemment

Punjab for information and necessary action .

sd/-

M.M. Oberoi

Deputy Secretary, Vigilance.

To

All thc Financial Commissioners .&

Administrativc Secretaries to Govemment

Punjab.

U.No l9/7/83-V(3)/ Dated : Chandigarh the 16 th Feb.,l983

,._*-E!rF!

f

n

d

:8

re

,r

)f

d

!s

le

le

)f

l3l

I

GOVER.,\MENT OF PLTNJAB

DEPARTMENT OF VIGILANCE

(vrGrLANcE r BRANCH)

22-2-1983

To

The Director,

Vigilance Bueau Punjab,

Chandigarh.

Memo No. 19/2/83-V(3)i l03t

Dated Chandigarh : rhe 22dFeb.1983

Subject: Guidelines for improving the working of Vigilance Bureau

Punj ab

2. Govt. have funher decided that' complaints against Sarpanches,

Panches and Municipal Councillors shall not be looked into by the Vigilance

Depanment /Vigilance Bureau hereinafter .Any such complaint will be passed

on to the concemed Administrative Department for appropriate action which

may get it investigated through Home Department /CID whcrever the

investigation is deemed nccessary .

l. The above decision may be complied with and suitable instructions

may be issued to all concemed for slrict compliance in this behalf .

Sd/-

M.M. Oberoi

Deputy Secretary, Vigilance.

To

F

tl

tSubject :

Sir,

I

Covemr

l5-9- 19,

appoint

afler ob

corrupti

Oflicer/

No.l l2l

instnlcti

indicatir

thereon.

Departn

t3?

Ref. Para 2(I) of the Departrnent Memo No. 19(45)80-V(3y5040 dated

2l .7.1981, on the above subject .

I

i

'-\_----,-l

t4-3-1983

GOVERNMENT OFPT'NJAB

DEPARTMENTOF VIGILANCE

(VIGILANCE I BRANCH)

All Heads of Department, Rogistrar

Punjab and Haryana High Court and

All Comrnissioners and Deputy Commissioners in

the State.

Dated, Chandigarh the 14 th March, 1983.

Subject : Setting up Vigilance Cell to monitor the working of Chief

Vigilance OfficerAy'igilance Offtcers

Sir,

I arn directed to invite a reference to the abovc subject and to say that

Government instructions circulatetl vide lctter 1,1o.7462-V( I )-6 7126554 darcd

l5-9-1967, inter-alia required every Deparlrne ic{r/eriment Undertaking to

appoint a Chief Vigilance Officer and a requisite number of Vigilance Olficer .

after obtaining approval of the departnrent of vigilance, in order to process

corruption cascs against their employees . The functions ol Chief Vigilancc

Officer/Vigilance Oflicer were defined vide Governnrent circular letter

No.I 1286-V( I )-67 dated 8-2- l 968 Subsequent to it vide Govemment

instructions dated 15-10-1979 , registers were required to be maintained

indicating complaints received againsr their emplol,ees and action taken

thereon. Besides quarterly reports were required to be sent to the Vigilance

Department about the work done by the Chief Vigilance OfficerAy'igilance

133

1

I

No .19/8/E3-v(3/1447

To

Officets in prescribcd performa which were circulated vidc Pb. Govt. letter

No. 19/4?179-V(3) datcd 2l-l 2-1979.

2. ln acrual pracrice ,various Departments have tended to play down

Itcir responsibility. Despite the issue of various circular letters to all the

Dcpartrnents iGovemment Undertakings ,some have not so far appointed their

Chief Vigilance Officcr/Vigilance Officen . Similarly, quarterly reports

abot.{ r-rrruption cases are not generally received fronr most of the

DepartmentslGovernment Undcnakings , It is not know whether the registers

hatc bccn maintained and progress of comrption cases is also revicwed by

*rcm from timc to time.

3. It is, therefore. again emphasised that:-

(i) All Administrative Departmcnts, Hcads of Dcpartments,

Govemment Undenaking may rppoint Chief Vigilance

Officers . and requisite numbcr of Vigilancc Officer before

3l-3-83 and compliance report in this behalf may be sent to

Vigilance Depanmeut.

( ii) ln terms of para 1(i) of Pb. Govt. circular letter No. l9/1i79-

V(3y9135 dated 15-10-1979 the registers in respecr of

complaints of comrption and cases referred by the Vigilance

Department and. otherwise may be maintained and completed

before 3l -3-1983.

4, lt has

to agse$ the

decisions ef

month of A

Departmertt.

Undertaking

5. You

concerned I

'Vigilance 1

r\(iii)

^uarterly reports as laid down in Punjab Govt. circular letter

No. 19/47l79-V(3) dated 2l-12-1979, about the work done by

Chicf Vigilance Officer and Vigilance Oflicsrs may be sent by

15 th of thc month following the quartcr positively. Allprevious circulars about sending of repons in respect of cases

of suspcnded Gort. enrpbyees and work done by the Chief

Vigilancc Ofliceland Vigilance Officers may be treated as

wirhdrawn.

l14

I

Ijl

it

4.IthasalsobeendecidedtodeputeteamsoftheVigilanceDepanment

to assess the work done in the malter itr order to inrPlemcnt GoYctrlrncnt

decisions effectively- This proposed inspection will commence from the

monthofApril,lgS3withadvancenoticetotheconcemedAdministrative

Department, Head of the Dcpartment ,Chief Executive of the State

Undertaking at least 10 days in advance of the visit'

5. You are requested to bring these instructions lo the notice of all

concemed for strict compliance and to extend full co-operation to the

'Vigilance Team' which might inspect their offices'

Yours faithfullY,

sd/-

M.M. Oberoi

DePutY Secretary, Vi gilance.

135

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<-.. E

No.l9rli79v(3)/2644 23-5-1983

COVERNMENT OF PI.]NJAB

DEPARTMENT OF VIGILANCE

VIGILANCE I BRANCH

All Heads of Dep ertments,

Registrar, Punjab& Haryana High Court and

All Commissioners of Divisions and Deputy Commissioners

in the Statc.

Dated, Chandigarh ,the 23d May,l9E3.

Policy And Procedurc Relating To Vigilance Enquiries And

Vigilance Cases.

Subject:

Sir,

I am directed to say that the question of revision of the cxisting policy

& proccdurc of enquiries had bcen engaging the attention of the

Govemmcnt with a view to st.pping up efforts towards eradicating

comrption in Adminisration. Afier consideration of thc wholc mattcr, it has

bccn dccidcd as under :-

(a) Thc policy laid down vidc your letter No 2293-V(3)-78t4245

dated 9/5/7E will hcnccforth be followed but with dcletion ofthc modification made vidc our lctter No.l9l1/79-V(3)/9135

datcd 15.10.1979 in respect of thc enquiries against non

guzcned cmployccs which the Dircctor, Vigilance Bureau was

't

coml

Adm

nece!

136

FF-* ^ -i!}.f

To

tl

In the matter of promotion, Vigilance Clearance Cenificate rvill

not be necessary .after infomration abotlt the perrdi'ng

enquiries/cases has been passed on by the Vigilance

Department i Bureau to the concerned Administrative

Department /Head of Departments. As the information about

the registration of new enquiries /case is regularly supplied to

all the conccmed Departments , it will be possible for them , to

keep there information about the vigilanco cases /enquiries in

progress against their employees by nraintaining suitab)e

registers and to take the same into acsount at the tinre of

promotion . Till such time this information reaches thent the'

Vigilance Clearance. Certificate may continue to be obtained.

iYou are requested to take action accordingly, and ensure meticulotrs

in this behalf by all concemed .

A copy is forwarded

Yours faithfullv

Sd;

M.M. Oberoi

Deputy Secretary, Vigilance.

to all the Financial Comrnissioners and

Govemment Punjab for information and

sd/-

M.M. Oberor

Deputy Secretary, Vigilancc

I

.\

!

I

nistratiye Secretaries to

iary action. I

1\

ll7

empowercd to unde(ake. lt is also decided that routme

enquiries against gazetted employees be dealt rvith by

respectivc Administratil'e Departments frotn now onu ards and

the work done by the Administrative Depanments to root out

corruption will be subject to periodic review & inspection by

the Vigilan0e Department.

j"r

.ll

I

I

ir)

' :-\-l

\'l

T

To

All the Financial Commissioners and

Adrninistrative Secretaries to Govt., Punjab.

U.O.No. t9tll79-V(3)/ Dated Chandigarh the 23'd May ,1983.

For Director , Vigilance Bureau, Punjab only:-

In addition to above , it has also been decided that the Vigilance

Bureau , Punjab shall adhcre to the rime scheduled for the completion ofinvestigatiin of preliminary , Regular enquiries and criminal cases as laid

dorvn vide Vigilance Deparrment Memo No.l9110179-y(3)/3054 Dated 4-7-g0

slrictly and the individual cages where more time is required shall be referred

to Vigilance Depanment alongwith dctailed reasons for the extension of time .

Further, it is requested,that thc information about the pending

enquireVcases against the gazetted offices of various AdministrativeDepanments may be prepared in the enclosed performa and fumished to this

Deparlment (in duplicare ) for transmission to them. In the case of non

gazetled cmployees, this information mey be passed on the Heads ofDepartments with intimation to this departmcnt .

sd/-

.. M.M. Oberoi

Deputy Secrctary, Vigilance.

To

Subj e<

Sir,

Level

regarc

the t'u

the p

emplc

Depar

19/8/t

Head:

Chief

cases

llE

*

t

trt:

t

II

--!

GOVERNMENT,OF.PUNJAB

DEPARTMENT OF VIGILANCE

(VIGILANCE - I BRANCH)

I9-11.1984

No . 1 9(3)-84-3V(1Y8987

To

All Heads of Departments ,

Registrar ,Punjab & Haryana High Court,

All Commissioners & Deputy Commissioners

in the State ,

Dated: Chandigarh the,29 th Nov, 1984

Subject: Implementation Of The Recommendations Of The High Level

Committee.

Sir,

I am directed to refer to the above subject and to state that the High

Level Committee on Punjab Adnrinistration , in its recommendations

regarding the Department of Vigilance has stressed the need to ginger. -up

the functioning of the intemal Vigilance in difibrent Departments , because

the primary responsibility to root -out corruption amongst Govemment

employees mainly lies on the Administrative Departments and the Heads of

Departments .

According to the Govemment instructions , circulated vide letter No.

l9l8/83-V(3)/1447 Dated 14-3-1983 , all the Administrative Departmenls and

Heads of Departments have ,for the purpose of intemal Vigilance ,to appoint

Chief Vigilance Oflicers /Vigilance Officers, maintain registers of Vigilance

cases with a view to review the disposal of Vigilance cases and send quarterly

\

139

I

I

I

II

E.r-\. -

progress reporis .During the inspection conductcd in the past , since issuc of

these instructions , it has come to notice that some of the Dcpartments have

yet to appoint Chief Vigilance Oflicers Ar'igilance Oflicers and start registers

prescribed performa . Similarly quarterly progress reports arc not 6eing

received rcgularly . You are therefore requested to ensure that the needful is

done rvithout further delay with intimation lo this department with in a fort-

niglrt .

Youn faithfully,

s-d/-

M.M. Oberoi

DepUy Secretary, Vigilance.

To

Sub

Sir,

the

7-'t,

deli

Go'

asr

mir

enq

des

7

l{()

I

1

"-.2

No.t9/T/E3-v(3y9029

-l 0-r t-198i

GOVERNMENT OF PUNJABDEPARTMENT OF VIGILANCE

(VIGILANCE -I BRANCH )To

Subject:

Dated : Chandigarh rhe 30_l t-1984.

Policy And procedure Relating To Grant Of Sanction ForProsecution In Respect Of ViRecommendation or High r":ji:::*::.rmprementation

or

I am directed to invithe punjab Govemment circrte

your attention to the ins'uctions contained in

7-te78andNore7,83;:[li',"::',']l;,i,']li'!li,::::,,._..,,i:delay for granting sanction to launch prosecution have corGovemmenr because when

"o.,*r""r::,r:..-":' ',*" come to the notice of

as so required ry's o or trre pr]m tent authority is approached for the purpose

Elind to the material .or,".,.r"n,,on of Comrption Act, instead of applying-

;nc uirres are staned

" r"r rrX"1:H,

"::';:il ;j"}',":il:* rr:,:.1

desirc to interfere in the discrction ofthe. competen, "u,t

o.r,y whan deciding

t4t

Sir,

All Heads of Departments , Registrar.Punjab and Haryana High Coun andAII Commissioners and Deputy Commissionersin the State.

thc qucstion of sanction ,howevcr fterc sccms to be no justification in law for

thc compctent authority to hold or cause to be held a parallel inquiry

especially whcn the policc has alrcady held regular investigation undcr its

satutory powen It is, therefore, again requested that the aforesaid

imtnrctions may strictly be complied with in the matter of according

pnos€cution sanction and that all such cascs may be decided with promptirude.

Yours faithfullY,

sd/-

Dcputy Secretary , Vigilance,

To,

Sir,

contained

and l9l'l I

the notice

approachr

initiated

.oil..t.d

interfere

question

competer

already h

reiterated

of accord

t42

Subject:-

-----.- ]:ffit

No .19/7/83-V(l 2)/606{20-6-t?ga

GOVERNMENT OF PUNJAB

OCPERTUENT OF VIGILANCE

(VIGILANCE I BRANCH)

To,

All Heads of Department,

Regishar, Punjab& Haryana High Court and

All Commissioners &Deputy Comr.nissioner, in the State.

Dated, Chandigarh, the 20 th June,l986

Subject:- Policy and procedure rclating to grant of sanction for

prosecution in respect of Vigilance cases.

Sir,

I am directed to invite your attention to the instructions

contained in Govemment circular letter N o.2424-V (3)-7 8/5 861 dated I 1.2.78

and l9l7l78-Y(3)/9029 dated 30.11.84 and to say rhar instances have come ro

the notice of the Govemment that sometimes when the compctent Authority is

approached to grant sanction to launch prosecution ,parallel inquiries are

initiated to verify the incident etc. instead of applying mind to the marerial

collected during investigation. While the Govemment has no intention to

interfere in the discretion of the competent authority when deciding the

question of sanction, however there seems to be no justification in larv for the

competent authority to hold parallel enquiry especially when the police has

already held regular investigation under its statutory powers. It is , therefore,

reiterated that the aforcsaid instructions may be strictly followed in the mattei

of according prosecution sanction.

Yours faithfully,

143

(S.M.Dua)

Deputy Secretary Vigilance .I

F:.

2E-1-19E7

Government ofPunjab

Department of Vigilance

(Vigilance I Branch)

To.

All Heads of Departrnents,

Registrar, Punjab & Haryana High Coun,

All Commissioners of Divisions and

the ?eputy Commissioners in the State.

Dated,Chandi garh,the 28s January, 1 987.

Subject: Entrustment Of Departmental . Inquiries By Various

Administrative Departments To lnquiry Oflicer Vigilance

Sir,

whicl

servi<

requi.

time

Offic

')

Inqui

simu

addit

that r

J.

inqu;

a col

and r

ensu

Adn

acti<

144

r

No. I 9/6/83-l4v(l)/7 I 3

' I am directed to refer to the subject citcd above and to say that

Covemment have observed that in the depanmental proceedings cases, the

lnquiry Officer appointed by thc various Departments are either in'

experienced or cannot devorc rcquisitc timc being pre'occupied in other

depanmental work thereby dclay the submission of the inquiry ieports. Thus

- . tbe vcry purpose of depanmental proccedings is forfeited becausc delay helps

lhe witnesses being won ovcr or thc evidence being destroyed or tempered

'- - with and as such the suspects 8o scol'frco . In this light of thc matter , it is

suggestd that in depanmental proceedings cases against the gazetted officers'

you may entrust depanmental inquiries to thc Inquiry Oflice(Vigilance)

l

-=---(i

which is an independe,r and speciarised agency. you will be getting theservices of and independent and well expericnced Inquiry Officer rvho has

requisite staffalso. In this way.the inquiries so conducted will be cornpleted in

time and will be free from legal infirmities. The present address of the lnquiry

Officer Vigilance is as under:-

"Inquiry Officer, Vigilance. punjab, SCO.NO.3003-3004, Secror 22_D.

Chandigarh.

2. It is further stressed thal while entrusting departmental inquiry ro thc.

Inquiry Oflicer, Vigilance, a sum of Rs. 5001 may be deposited

simultaneously to meet expenditure for sumnroning witnesses. Whenever an

additional amount for the purpose is required by the lnquiry Officer, Vigilance

that may also be deposited expeditiousty ro avoid delay.

3. You are, therefore, requested that henceforth when a deparlnrenral

inquiry against a gazetted oflicer is entrusted to the Inquiry Officer. Vigilancc

a copy of the order may also be endorsed to this Department lor infonnatron

and record. These instructions may be brought to the notice of aI concemed to

ensure meticulous compliance thereof.

Yours faithfully.

(S. M.Dua)

Deputy Secrerary, Vigilancc

A copy is fotwardcd to al, the Financial Commissioner, antl

Administrative searetaries to Government, punjab for infomration and sirnirar

rction.

. (S.M.Dua)

Deputy Secrerary, Vigilance

I

I

I

145

I

It

I

i!

t

..)

v

1

1

Govt. ofPunjab

Department of Vigilance

(VigilanccJ-Branch)

so

sit

3.

qu

en

d

I

r

t

c

i

c

I

(

I

I

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r

t

Referencc your noted communication on Dt.2l .1 l.l9g6 on thc

thc above subject.

2. Your attention is invited to Go\.t. instructions issued with circulir letter

No.39l4'ACD'5d8810, dated 20.9.1956 vidc which it was raid down that rhc

spccial Inquiry Agcncy now Vigilancc Bureau should invariably interrogate

rnd obtain rhc vicw point of rhc ofliccr complained against at thc errlicstporsiblc moment arlcr rtarting thc cnquiry. Because this coursc enable Govt.

,to drop frivolour eharga aftcr leaming the offrcers point of view and also

introduces an clemcnt of fairness for the officer himsclf, in so far as hc gets a

- chlncc to clear his position before he is chargesheetcd, Accordingly it was

:.- dcsircd that tll Govt. leruan* against whom enquirics may bc procecding ormay be instituted in future, should, in the interest, both of themselves as wcllas of Gort, should submit willingly to intenogation by officers of the specialInquiry Agency (now vigilance Bureau). The statements of the Govt. servants,

146

To

The Director,

Vigilance Bureau, Punjab,

Chandigarh.

Mcmo No. I 9/5/E7.V( l4y5 I I 89

Dated, Chandigarh,thc 246 June,l987.

Sub. : Laying Down Time Limit For Submission Of View point By Thc

Suspect Officcr/Oflicial During The Investigation Of Vigitancc

Enquiries.

IJII

iI

I

I

24.6-1967

_Ir-

{!lEt

so recorded, are to be read over to them by the rntenogaring offrcer and thensigned by the concemed Govt. servanr.

3. So far as rhe matter of obtaining view point after servingquestionnaire on the suspect officer during the investigation of a vigilanceenquiry is concemed, it has been decided that one month,s time may beallowed to him to submit his view poinr by categorically indicating rhat hehimself will be responsible to make arrangcmerts and ro consult the relevanrrecords, ifany, during the prescribed period at his own leve). However. wherethe suspcct officer requires reference to records and depending upon thc natureof the case, instead of one month, two month,s time may be allowed at theinitial stage. Thc evidence/proof about service of questionnaire or thecommunication tecking view point, will bc placed on the police ile ofvigilance enqufu1. Ilowever concemed Supdt. of police/VB uill be competenrto allow extension of one month where it is duly justified. If the suspectofficer fails to submit his view point within the prescribed period, theInvestigation officer may finalise tbe rcport ard submit the same to vigiranceBureau through Supdt. of police/VB concerned.

4. It is rcquested that the instructions corttined in para 2 and 3 abovemay be brought to the noticc of all concemed for meticulous compliancethereof..

(S.M.Dua)

Dcputy Secretary, Vi gi lance

t4'l

I

{:.--

No. I 9r9rS7-v( I 4)i5.152 3-7-19t1

GOVERNT,TENT OF PUNJAB

DEPARTMENT OF VIGILANCE

(VIGILANCE-I BRANCH)

To

All Heads of Departrnents,

Registrar, Punjab & Haryana High Court,

Commissioners of Divisions and

All Deputy Commissioners in the State.

Dated, Chandigarh, rhe 3d July, 1987

Subject:- Policy and procedure relating to grant of sanction for

prosecurion in respecr of comrption cases

I am directed to refer to you on the above subject and to say that in

spite of issue of instrucrions from time to time, instances have come to the

notice of Govemment rvhere Vigilance Bureau/Department approachetJ the

authority competent to grant sanction for launching prosecution as required

under section 6 ofP.C. Act, 1947, the requisite sanction has, some times, been

delayed inordinately by starting their own enquiry or by causing the case to be

looked into by some subordinate oflicer and in some cascs it has been granted

mechanically wilhout applying mind to the facts and circumstances of the

case, thereby creating numerous complications in the smooth disposal of the

corruption case. \\thile Govemrnent has no desire to interfere in the discretion

of the compqtent authority in the matter of deciding the question of sanction,

there seems to be no justification in law for the competent authority to hold or

cause to be hold a parallel enquiry into the matter in which the police has

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already held regular investigation under its statutory power" Lr the smooth

and speedy disposal of corruption cases, it is requesled thal the cases of grant

of sanction for prosecution may be decided expeditiously'

Yours faithfullY,

(S.N,I. DUA )

DePutY SecY Vrgilance'

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Sub:-

Govemment of punjab

Depanment of Vigilance

( VigilanceJ Branch )

ls.l l-19e7

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Subject:

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2lnVigilance

enclosed).

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The Director,

Vigilance Bureau, punjab,

Chandigarh.

Memo No. t9 t S /g! -V (t 4y967 O

Dated Chandigarh, the 196 Nov., I9g7.

Policy and procedure relating to Vigilance enquiries and Vigilancc

Rcfcr this Dcpanment Memo No. lgtS/83-V(3y7A7 dared 15.2.1983,on the above subjcct.

2. ln order to streamline thc workilg ofVigilance enquiries and cases, theGovL havc now decidcd that no criminal case/enquiry, arrest; laying of trapsand conducting raids on the rcsidanccs of ofEccrs of Class.IL GazettedOffccrs of major Hydro-clecuic and lrdgation projoclr may be allowcdwithout thc prior permission of thc Crovemmcnt. In thc casc of chss I officersthc prior pcrmission of thc Govt. wilr be nccessary as hcrc to forc.

3' It is re{ucsted that thesc instructions may bc cirtulstcd to alr concemcdolficcrs working und.r your controt for compliancc.

(s.M. DUA )Deputy Secraary to Govt. punjab

. Vigilance Depaftment.

3

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Govemment of Punj ab

Dcpartmcnt of Vigilence

(Vigilance-l Branch)

11-2-r9tE

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To

The Chief Director, Vigilance Bureau'

Punjab, Chandiguh'

Memo No. 14/28/8?-V(1)/850

Dated, Chandigarh, the l1u'Feb"1988'

Subject: Sourcc rePort No. 37l87-Patiala

Pl..r" refer to your mcmo No' 29052^/B/CC'5 dated l5'12'1987 on

thc subjcct noted abovc'

2 ln this respcct necessary instructions were issued vidc Punjah Govt'

Vigilancc Department No' 19(22)80-V(3)/869 datcd 5'2-1981(copy again

.n]ro.ral. In thesc instructidne thc following points werc stressed :'

I' Beforc initiating the Source Report' the offrcer concemed must

veriS thc information given by the informcr'

2, To kcca a chcck on informers making falsc sccusations against

thc officcr thc Vigilancc Policc offrcials rhould ask them to 6le

m afliitavit if so consi'lcred necessry io ss to satisry himself

about thc allegation/allegationr

If subsequently the allcgationr uc found to bc false a report

shouldbeinitiatedbytheoffrcafortakingsuitableaction

against him in order to ensure thd the offrcer should discharge

his tesponsibility properly diligently and honestly'

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3 It has been observed that these instructions have not been complied

rvith in letter and spirit. It has been seen that in a large number of sourcc

report cases allegations made therein were found false. This shows the

avoidable harassment is caused to many innocent officers/officials.

4 In this connection Chief Secrctary to Govemmcnt punjab had adiscussion wirh your predecessor Shd G.S. Bhullar, IpS the then D.V.B.where it was decided each and every source report should be verified by a

responsible ofEcer. It was also decided that Source report against class-IOfficers should be verified by the concemed S.p.

sd/-

Depury Secretary, Vigilance

No.l4l21i87-V(t)\1505 Dited: 11.2.1988.

A copy with a copy of rhe Govemment punjab, Vigilance Department

lr{emo No. l9(22)80-V(3)1869-870 dated 8.2.1987 is forwarded to :_

I . Budgcr and Establishmenr Officer.

2. Superinrendent Vigilance, I, II, III, IV.

for information and necessary action.

sd/-

Deputy Secretary, Vigilance

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l. It was also stressed that instructions should be brought to the

notice of the Inquiryilnvestigating Officer for compliance and

strict disciplinary action should be taken ifSource Report was

submitted as result of ill witl, malice or sum ulterior motive.

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5 It is again requested that these instructions may again be brought to the

notice of all S.Ps/Inquiry /Investigaring Officer for strict compliance.

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CrO\Etu\'t\'{ENr OF PUN J AB

DE? rJ{T\AE}m OF vtGlLA}'ICE

(VIGILA].ICE BRANCH'I)

No l9/9/87'V(ll 4)t9362'

1. All Heads of DePartments'

2. All Commissioners of Divisions'

3. All Deputy Commissionets in the State'

4. Director, Vigilance Bureau' Punjab'

5. Regisuar' Punjab and Haryana High Court'

Subjecti Policy and procedue relating to sanction for prosecution in

rcspcct of Vigilance Cases

-'1

Date, Chandigarh the l2 th Sept' 1988'

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The Govemment take a very Sierious view of such lapses by the

concerned competent authoritics, and have decicted to treat any refusal

without sound and acceptable reasons or which is against the policy of the

Govemment descritred in the letters mentioned above as a misconduct with

malafide intentior to shield the corrupi subordinate . Such lapses will invite"

stringent disciplinary action against the officers concemed.

Thcse instructions may be brought to the notice of all the concemed

authoriiies for guidance and strict compiiance .

Yours faithfully,

( P.S. Bedi )

Deputy Secretary to Govt.Punjab

Department olVigilance .

No. I 3(49)84-v( 13)i9363 Dated l2t Sept.,1988

A copy is tbrwarded to all the Administrative Secretaries to

Govemment , Punjab for information and necessary action .

sd/'

( P.S. Bedi )

Depuly Secietary to Covt.Punjab

f)epartnren t olVigilaucc .

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No .19/6/88-V(1 4)t 12914?-1?-1988

Covemment of Punjab

Department of Vigilance

(Vigilance Branch-I )

To

All Heads of DePertments,

Commissioners of Divisions and

Deputy Commissioners ,in the state'

Dated , Chandigarh the,7-12-1988'

Subject:- Policy and Procedure relating to

Vigilance cases.

Vigilance, Enquiries and

'Sir ,

I am directed to refer to the subject noted above and to say that the

prime responsibility of checking corruption is of the Adrninistrative

Deparfile[t but they sornetime do not make effo(s to look into the complaints

attheirlevelandsendthecomplaintstoVigilanceDepartmentwith.theresult

that Vigilance Bureau becomes over-brudened and even the investigation of

caseJenquiries of serious natue get delayed ' Government is very keen that

enquiries are completed within the time scheduled already iaid down ' With a

view to make the functiorung of the Vigilance Bureau more effective it has

been decided that:-

(a) Henceforth all the complaints and enquiries against Non Gazetted

employees and the complaitrts and enquiries against gazetted officers

relating to violation of rules/instructions shall be looked into by the

AdminisEetivc Departments themselvqs ' Further that cnquiries of

this naturc which prcsently stand registered with the Vigilance Bureau'

Punjab shall also be passed on to the concemed Administrative

155

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F- -!-:-.i.- --lc-rrlG

Department immediately for being looked into by them at their own

level

(b) The Administrative Departments shall hold a meeting of Vigilance

offrcers and Chief Vigilance , officer at least once in a quarter to

review the progress of disposal of complaints and enquiries within the

time schedule laid down already. The Vigilancc D€partment shall also

hold a meeting of Chief Vigilance Officer of the Department where

large numbcr of complaints/enquries are pending for their early

finalisation. Those Administrative Departrnents who have not

appointed the Vigilance Oflicers /Chief Vigilance olficers so for may

do so immediately.

2 lt is requested that the above instructions may be brought to the notice

of all concemed for meticulous compliance.

Yours faithfully,

sd/-

( P.S. Bedi )

Deputy Secretary to Govt.Punj ab

Department of Vigilance .

No. I 9/6/88-V( I 4\l 12914-16 Dated 7-12-88

A copy is forwarded to thc Chief Director ,Vigilancc Bureau,Punjab

for information. It is requested that henceforth no enquiry may be registered

u. against a Non Gazetted employee and against a gazetted officer about a

complaint which may relate only to violation of rules and instructions . Such

. cnquiries against Non Gazetted ernployees which prcsently stand registered

and arc pending may be sent to thc concerned Head of the department for

being looked into and completed at his own lcvel . Further those enquiries

against gazetted oflicers which rclatc to violation of rules /instructions may bc

sent immcdiately to this departncnt for onward transmission to thc conccmed

quarterc. 156

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' sd/-

( P.S. Bedi )

Deputy Secretary to Govt'Punjab

DePartrnent of Vigilance '

A copy is forwarded to all the Financial Commissioners and

Administrative Secretaries

necessary action .

U.O.No. 19/6/88-V(l4Yl 2914-16

to Government of Punjab for information and

sd/-

( P'S' Bedi )

Deputy SecrEtary to Govt'Punjab

DePartsnent of Vigilancc '

All thc Financial Commissioners and

Administrative Secretaries to Got"Punjab'

Dated 7-12-88 ir!II

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No 19/6/64-V(14)/1629824-7-19E9

To

Subject:-

Sir,

Govemment of Punjab

Department of Vigilance

(Vigilance -l Branch)

Al1 Heads of Deparfients ,

(Except Revenue Home,Excise and Ta,tation ,

P.W.D., Education , Irrigation and Power,

Food and Supplies and Industries .)

Registrar Punjab and Haryana lligh Court,

All Commissioners of Divisions and

the Deputy Commissioners in the State .

Dated,Chandi garh the 24-7 -89.

Entrustrnent of departmental inquiries by various

Administrative Departments to Inquiry Oificer Vigilance

Depanment letter No.l ^

'e in y61r rye.16 .

ls9.

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A copy is fonvarded to all the Financial Commissioners and

nishative Secretaries to Govemment Punjab for information and further

Yours faithfullY'

sdi-

( P.S. Bedi )

DeputY SecretarY to Govt'Punjab

DePartrnent of Vigilance '

sd/-

( P'S' Bedi )

DeputY Secretary to Govt'Punjab

Departrnsnt of Vigilance '

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Alt the Financial Commissioners and

Administrative Secretades to Govt'Punj ab '

.19/6/84-V(14yi6298 Dataj 24-7-89.

--Dated

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litA copy is forwarded to tire lnquiry Offrcer '

Vigilarrce for information ''' 'uP

sd/=' :''" l

( P.S. Bedi )'._..::"-,..

Deputy Secretaryio Govt'Pur-rjab.,

DepadmendfVigilance '

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2E-5-1992

ErdJ-a

No 2ll0I90-IASW145!

Govemment of Punjab

Dcparrment of Personnel antl Atlminisrative Reforms

(lAS. Branch)

Dated , Chrndigarh 28 th MaY 1992'

To

All Financial Commissioncr ' Principal

Sccrctarics and thc AdminisEative Sccretaries to

thc Govcmment of Punjab'

Chandigarh'

Subject r Enquiries against the IAS /PCS Officcrs'

Siulv{adam ,

Iamdirectedtoaddressyouonthesubjectnotedaboveandtosay$a

the instructions already issued vide circular letter No' l327/Serviccs( l).

67/lg(x., dated the 31' January,1967 by this Department Povidc th{ th'

enquirics against IAS/PCS ofEccrs can be initiatcd only yrth lhc pdr

ooncurrcnceoftheChiefSecretarytothcGovernmcotofPrmjrb@fu

Deparhctrt of Pcrsonnel) ' The meticulous compliance with tt'q irslruir

requircs that the Administrativc Departnent ' should take tb ryorrd of 6c

Chief Sccretary not just on their 6les but thrugh tu Dcp-rrn,ed of

Personncl '

2.Instanceshavecometothenoticcofrr'i.Dc?gmcntthatcenail

departnent initiated otquirics into lbc cmd$t of IAVPCS Oliccts without

obtaining thc pcrmission of tbc Chicf Sccrary (ia the Departnent o

Persoirnel). ln fact , it ir thc Dqdtncot of Pcrsonncl which has the ful

l6?

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background regarding eaci

Adminisuative D.r*-",h officer belongiug to thc IAS/PCS cadrg . lf

their nres .,,rr;;;;J*; ffitffi;:T.:: I:Tff :create,complication becau

knowing the full past nrro"

*t AdminisEative Departrnelt may Dor be

concemed . It may "r* n,too

of thc cases ' if any' against the olficers

officers on matters which lPPen that enquiries may be initiated against

the Dqrartnent orp.,.ooo"tly have already been enquired into and filed in

3. Since the ChiefSecnall matters relating to *" ;*

is the Head of the Departmcnt in rcspect of

enquiry can be initiated ,r#::: Jfl"i'";,1*l;:r:rff:,:il,I am therefore , directed to reagainst any officer ofthe IAS

uest you to ensure that no enquiry be registered

concurrence of the Chief Sec,DCS

cadre without obtaiaing the specific prioretary (in the Departmeat ofp€rsormel .).

Kindly acloowledge ic receipt .

No.2/ I 0/90-IAS (Iy\ 4s 4

(R.L. KAPOOR)Deputy Secretar5r to the Gort. ofpunjab

Dated .Chsndigart the 2g6 May t 992

Yours faithftlly ,

sd/-

sd/-

To

Subject:-

Sir,2 He is requcsted that Iregutar eoquiries against *"

nt't registering cases of preliminary enquirie-,.

preasc bc kept in view ror.;lx!,s,#:"^' *" "lo'" i**.uo* ..,

(R.L. KAP@R)Dcpury Seqetary ro the Cron. of punjab

make it

l6E .

step up

No:

1cfl

I ^-

^4JOvernmta

E

A copy is forwarded

,.4iab Departu.", ",

u*iJ", lJI,r;r*:ffi;il",, ",

5/PCS cadre . Ifc-Chief Secrctay on

+crs ,it is likely to

@cat may *, *Sainst th" o6i""r.€ initiated agairct

.1 iitdsrH- filcd xr

ktc-nt

No l8/9/93-SY(4/16615

All the Heads of Dcpartnenu,

Commissiosr of Diyi*ros,Registrar -hmj$ rdE-r=,Deputy Commit l-a(Civil ) in rbc $rc

Subject:- StrcagtLft

Sir,

GOVERNMENT OF PLINJAB

DEPARTMENT OF VIGILANCE

MGILANCE 4 BRANCTT)

Gl-1994

Dated,Chandiguh the

27 th December ,1993/

06-l-1994m respect ofapparent that no

prior permission .

Iulry be registered

I the specific priorsonnel .).

Yours faithfrlly ,

. sd/-

&LKAPOOR)

,Govt ofpunjab

'May 1992

Sovemmcnt ofrreaiih.

rary enq\.rries

!trtrctions may

I.KAPooR)

ovt ofpunjab

To

I am directed to

3overnmcnt is taking

Sd/- make it muhi{isciptiryr - -r|ra;g: for theeradication of comtPtir blftt! f,i.i* herc been uken tostep up action againC tL qr * -r-t d cconomic offenders :-

iri

I

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:.4'.1..& ractoor= :g n*iaqdisciptiry L"forthccr*t

(l) Hcnccforth the Law officers 0f vigilancc B'reau rrrill be epporntdby the concemed Administrativc Department, Heads ofDepartmenUOrganisations as presenting oflficers in ttre Departnental

enquiries, culrninating oul of Vigilance Bureau's fact finding reports

/investigation of cases since they are fully conversant with the facts .

(2) ln furtherance of the instructions issued by this Departnrent vide

circular letter No.l9(3)84-3V(I)/8987 Dated 28/29-lt-1984,Govemment have observed that there is lack of interest on the part ofAppointing and Disciplinary Authorities in fighting the menace ofcomrption, nomination ol Chief Vigilance Officers, maintaining

vigilance registers and sending quarterly reports about the Vigilance

work done. Prevention of comrption and mainraining purity and

integrify of the staff working under them, is the major responsibility ofthem and they can be assisted by the Chief Vigitance Oflicer wh<r

assist the head of the depaftrnent in conducting the enquiries, identift

and rnonitor the elcments of bad reputation and to remove them from

sensitive posts. Namcs of the Chief Vigilance Oificer may be intimared

to this Deparfiient as well as to the Director Gcneral ofPolice/Vigilance Bureau, Punjab so that periodical meetings are held

between the Chief Vigilance OfEcers and the officers of Vigilance

Bureau and this Departncnt

(3) It is re-itcrated that as per irstnrctions issued vide this Department

circular lcttcr No.l2l91/l4v(l/2740 dated 5.3.1992,rhe

dcpartments/organisations should not hold parallel enquiry about those

allegations which are being looked into by Vigilance

BureaulDeparfnent. These instructions may be observed

mcticulously. The list of allegations is always sent to the concemed

D€partncnt which should also be cntered in the Vigilance Register ofthc Dcpartncnt.

E-

t70

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Fitrtdds of

futalrrPorts

d!.

mc[t

ehehose

ancc

rved

rned

rof

2. These i

for meticulous

(4)

: vide

s84 ).-_part of

cc ofaining

ilarce

yadlity of

: wbo

cntify

tom

nafed

rl of, held

lance

I

fu L gra of sarrtincr:s BerR issoed tide rhis

L tbe had been inordinate delay inb bcE dccrdol that henceforth the compet€Dt

rEE ri!,r $.e pmsecurion sanction is granted tvithin20

nsrructicc -r*rE bG Lrgh to thc notice of all concemedcompli-.

nnary*---t

yours fairhfully,

sd/-

(s.M..DUA)Addt-rional Sccrctary, Vigilaocc.

ft dae of the receipt of the reference or in case of anyof opinion the same may be rccorded by the competentaurhonry and the matter may be referred to, this department forresolvtng the issue. If any clarification is required by the competentaurhoriqv, the Investigatiag Officer :f the case can also be called fordiscussion though this departmeot,Vigilance Bureau within theprescribed period. It is further rnade ciear that it is not for theauthoirv Srantlng sanction tbr prosccurion to hold any parallel enquiryor any field coguiry, as pcr. Iaw laid dov,,n by Hon,ble Supreme Courtof Iodia Lr rr rla& BhEha Chanerjee Vcrsus State of WB.(.{IR,1958) STrtrr Cdfi l.l8)- l:w rsquilg5 that rhe competent

Is r b si.ry itself from records presented bVigla-c r--- 6a p(:E.a- 6cjc casc is made our &om the record,sanctlo! dxJr b --*rd h cesc of delay and violation of thesclnsh.icnlEr if,b ft rrrar cfforts are being made to shicld 'ythe corr,rpt fu.- * -!c.r rmlrves and shall be viewed veryscnousll by krr

v

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r

.:\-

A copy is forwarded to all tlre Financiat Commissioners, principalSecretaries and Administrative Secretaries to Govemment punjab forinformation and neccssary action.

2. It is also requested that these instructions may be brought ro the noticeof Heads of Public Organisations i.e. Corporations, Boards, Lrniversities erc.under their administrative controt.

Sd/'-

(s.M.. DUA)Additional Secretary, Vigilance.

To

All the Financial Commissioners, principal Secretariesand Administrative Secretaries to Govt., punjab.

I.D. No. I 8/9/93-SV(4y16616 Dated, Chandigarh, the 276 Dec_ember, 1 993 -r06.1.1994.

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