CVC OFFICERS TO BE TRANSFERRED EVERY 3 YEARS

Context:

• The Central Vigilance Commission (CVC) has modified the guidelines pertaining to the transfer and posting of officials in the vigilance units of government organisations, restricting their tenure to three years at one place.
• The tenure may be extended to three more years, albeit at a different place of posting.

Relevance:

GS-II: Polity and Governance (Constitutional Provisions, Constitutional and Non-Constitutional Bodies, Policies and Interventions on Transparency and Accountability in governance)

Dimensions of the Article:

1. About the recent CVC order
2. Central Vigilance Commission (CVC)
3. Functions of CVC
4. Composition of Central Vigilance Commission
5. Removal of members (according to CVC Act)

About the recent CVC order

• The CVC, in its order, said undue long stay of an official in a vigilance department had the potential of developing vested interests, apart from giving rise to unnecessary complaints or allegations.
• Personnel can have two continuous postings in vigilance units, at different places of posting, each running into a maximum of three years.
• Personnel who have worked for over three years at one place should be transferred in phases, with priority given to those who have served for the maximum period, the order said.
• Those having completed over five years at one place should be shifted on top priority basis.

Central Vigilance Commission (CVC)

• Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption.
• The CVC was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam- The parliament enacted the CVC Act 2003 and set up the CVC. Hence, the CVC is a Statutory Body.
• In 2003, the Parliament enacted a law conferring statutory status on the CVC.
• It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.
• The CVC is an independent body, free of control from any executive authority (CVC is NOT controlled by any Ministry or Department).
• The CVC is responsible only to the Parliament.
• The CVC is NOT an investigating agency. The CVC may have the investigation done through the CBI or Chief Vigilance Officers (CVO) in government offices.

Functions of CVC

The CVC receives complaints on corruption or misuse of office and to recommend appropriate action. Following institutions, bodies, or a person can approach to CVC:

1. Central government
2. Lokpal
3. Whistle blowers

• It is not an investigating agency. The CVC either gets the investigation done through the CBI or through chief vigilance officers (CVO) in government offices.
• It is empowered to inquire into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants.
• Its annual report gives the details of the work done by the commission and points to systemic failures which lead to corruption in government departments. Improvements and preventive measures are also suggested in the report.

Composition of Central Vigilance Commission

The CVC is comprised of 3 members:

1. A Central Vigilance Commissioner (Chairperson)
2. Up to Two Vigilance Commissioners (Members)

• President of India appoints CVC members by warrant under his hand and seal.
• The Oath of office is administered by the President.
• A three-member committee made of – The Prime Minister, The Home Minister and The Leader of Opposition in Lok Sabha – Makes the Recommendation for appointment of Vigilance Commissioners.
• The Vigilance Commissioners are appointed for a term of Four years OR until they attain 65 years of age (whichever is earlier).
• On retirement – they are NOT eligible for reappointment in any central or state government agency.

Removal of members (according to CVC Act)

The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court reports that the officer ought to be removed after inquiry, on a reference made to it by the President.

Also, a member can be removed if the member:

1. Is Adjudged as an insolvent
2. Is convicted of an offence that involves moral turpitude according to Central Government
3. Engages in Office of profit outside the duties of his office
4. Is declared unfit by reason of infirmity of mind or body, by the President
5. Participates / Concerned / Interested to Participate – in any way in the profit / in any benefit – in any contract or agreement made by or on behalf of the Government of India

-Source: The Hindu