Wednesday, October 24, 2018

CBI vs CBI and CVC vs CBI


I wrote in December  2010 which was published in allbankingsolutions com. I reproduce it here.

"If CVC really desires that corruption should end I suggest that CVC should immediately carry out raids on the premises of all vigilance officials, all CBI officials and all senior IT officials and try to assess and ascertain their assets and liabilities in comparison to their actual earnings."



I am however now very happy that present government headed by respected Prime Minister Sri Narendra Modi has taken a quick, unprecedented  and drastic action against erring officials of CBI.

I sincerely admire and appreciate action of sending two top officer on leave and transferring more than 10 officers pending full fledged investigation  to prove the alleged guilt of bribery. There is no instance of such promt action taken against CBI before 2014.

It is also true that almost all  institutions incuding office of CBI and CVC are full of corrupt  officials or inefficient officers. Congress promoted a culture of flattery and bribery and consequences of  ill motivated and mischievous actions of congress party are now surfacing open. Past government  particularly  UPA I and UPA II destructed all government  departments and big institutions.

MR  Modi has broken the bee-nest.  In other words he has opened Pandora's box. He will find thugs in all offices. It is Himalayan task for Modi yo get rid of cancer of  corruption which has infected all nerves of the system.

"Barbad Gulista karne no Ek hi Ullu Kaphi tha
Har Sakh par Ullu baithe Hai Anjame Gulista  Kya hoga"
One of my friend has rightly pointed out following reasons to say why CVC is not in a position to stop corruption. 

He has rightly given following reasons which has made CVC and CVO incapable and useless institution.

 Limitations of CVC 

 1. CVC is only an advisory body. Central Government Departments are free to either accept or reject CVC's advice in corruption cases.

 2. CVC does not have adequate resources compared with number of complaints that it receives. It is a very small set up with a sanctioned staff strength of 299. Whereas, it is supposed to check corruption in more than 1500 central government departments and ministries.

 3. CVC cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above on its own. Such a permission has to be obtained from the concerned department.

 4. CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary cases.

 5. CVC has supervisory powers over CBI. However, CVC does not have the power to call for any file from CBI or to direct CBI to investigate any case in a particular manner. CBI is under administrative control of Department of Personnel and Training (DoPT), which means that, the powers to appoint, transfer, suspend CBI officers lie with DoPT.

 6. Appointments to CVC are indirectly under the control of Govt of India, though the leader of the Opposition (in Lok Sabha) is a member of the Committee to select CVC and VCs. But the Committee considers candidates put up before it. These candidates are decided by the Government.
As a result, although CVC is relatively independent in its functioning, it has neither resources nor powers to inquire and take action on complaints of corruption that may act as an effective deterrence against corruption.

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Below mentioned are powers of CVC . I submit them for persons who doubt power of CVC. 

 Powers and Functions of CVC
(Please keep it in mind that power is one thing and capacity to use power is entirely different. )

 to exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility; 

  to review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act; 

  to undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organisation, to which the 
executive control of the Government of India extends, is suspected or alleged to 
have acted for an improper purpose or in a corrupt manner; 

  to tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases,involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.; 

  to exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organisations to which the executive power of the Union extends; and 

  to chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE. 

  to undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action. 

 Recently, in response to a PIL which was filed in the Supreme Court on account of the murder of Satyendra Dube, the Supreme Court directed the Government to designate a suitable machinery to act on complaints from "whistle blowers" till such time as a suitable legislation was enacted to that effect. The Central Government while implementing the directive of the Supreme Court has reposed its faith on the CVC. 

 Through a Resolution dated 21 April, 2004, the Government has designated the Central Vigilance Commission as the agency to act on complaints from "whistleblowers" till such time as the Parliament passes a law on the subject. 

 According to the GOI Resolution on "Public Interest Disclosure and Protection of Informer", 2004, the Commission has been entrusted with the additional responsibility of keeping the identity of the complainant secret and the power to take action against complainants making motivated or vexatious complaints. There is no restriction on jurisdiction of the Commission in the Government of India Resolution






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