CVC: instruction on CBI documents for departmental inquiry

The Central Vigilance Commission (CVC) requested that all central government agencies, public sector banks, and insurance companies follow existing guidelines for obtaining relevant documents from the CBI in order to begin and complete departmental action against corrupt employees in a timely fashion.

The change was made because it was discovered that departmental probes were sometimes slowed down or halted entirely because of the inability to obtain or produce certain identified documents throughout the course of an inquiry.

The original papers in cases investigated by the CBI stay in the custody of the investigation agency, it was claimed as one of the reasons for the delay in producing documents during inquiry procedures.

This guideline states that "it should be ensured that the mentioned documents are collected from the CBI before the charge sheet is issued and, when parallel proceedings are to be launched, a set of listed documents is obtained from the CBI," which the CVC referred to in its order.

It was further clarified in Para 6.9 (d) of the Vigilance Manual 2021 by the Commission that documents taken into custody by CBI may be kept "for meeting urgent departmental needs or for disposing of any action that may be pending on the part of the department" by departmental authorities "for attested copies of the records".

Vigilance Manual 2021 clearly outlines how to get CBI papers to initiate departmental action in para 6.9 (n) and 6.9 (o), it stated in an order given to the secretaries of all central government ministries, the CEOs of public sector banks, and the heads of insurance firms.

For this reason, the Commission has ordered that the aforesaid criteria be strictly followed in order to avoid any delays in the investigation proceedings when receiving essential documents from CBI.

A copy of the order is reproduced below.

CENTRAL VIGILANCE COMMISSION

Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi- 10023
No. 006/PRC/1

Dated.12.01.2022

Circular No. 03/01/22

Subject: Obtaining documents from CBI for the purpose of departmental inquiry proceedings- regarding

Reference: –
(i) Commission’s Circular No. NZ/PRC/I dated 26.2.2004
(ii) Commission’s Circular No. 25/7/06 dated 06.07.2006
(iii) Commission’s Circular No. 18/12/20 dated 14.12.2020
(vi) Commission’s Circular No. 22/12/21 dated 08.12.2021

Central Vigilance Commission, as part of effective vigilance administration, gives due importance to the timely finalization of inquiry proceedings.

2. However, it has come to notice that there have been occasions when departmental inquiries are held up or slowed down due to non-availability of listed documents or delay in procuring/producing the same during the course of inquiry. One of the reasons Stated for delay in producing documents during Inquiry proceedings, is that in cases Investigated by CBI, the original documents remain in the custody of CBI. In this regard, attention is invited to Para (vi) of Commission’s Circular No. 25/7/06 dated 06.07.2006, vide which it was directed that “It should be ensured that the listed documents are obtained from the CBI before issuing the charge sheet and. where parallel proceedings are to be initiated. a set of listed documents. dully certified is obtained from the CBI”. Further, in Para 6.9 (d) of Vigilance Manual 2021, it has been clarified that in respect of documents, which are taken in custody by CBI, “the departmental authorities may keep attested copies of the records for meeting urgent departmental needs or for disposing of any action that may be pending on the part of the Department”. Moreover, in para 6.9 (n) and 6.9 (0) of Vigilance Manual 2021, the procedure for obtaining documents from CBI, for the purpose of initiating departmental action has been clearly defined and enlisted. The Commission has directed that the above guidelines should be kept in mind for obtaining required documents from CBI so that the inquiry proceedings do not suffer delay on this account.

3. The above guidelines may also be brought to the notice of all authorities concerned by the respective Chief Vigilance Officers.

4. It may be noted for strict compliance.

(Rajiv Verma)
Director

To

(i) The Secretaries of all Ministries/Departments of Gol

(ii) All Chief Executives of CPSUs/Public Sector Banks/Public Sector Insurance Companies/Autonomous Bodies etc.
(iii) All CVOs of Ministries/Departments of Gol/CPSUs/Public Sector Banks/Public Sector Insurance Companies/Autonomous Bodies etc.
(iv) Website of CVC