ANNUAL REPORT 01.01.2016 to 31.12.2016
Total Page:16
File Type:pdf, Size:1020Kb
ANNUAL REPORT 01.01.2016 to 31.12.2016 CENTRAL VIGILANCE COMMISSION Annual Report 2016 Shri K.V. Chowdary Central Vigilance Commissioner Shri Rajiv Dr. T.M. Bhasin Vigilance Commissioner Vigilance Commissioner ii Annual Report 2016 The 53rd Annual Report of the Central Vigilance Commission is prepared under Section 14 of the CVC Act, 2003 for submission to the President of India. The report highlights the work done by the Central Vigilance Commission during the year ending 31st December, 2016 in fulfilling its mandate under the CVC Act, 2003. (K.V. CHOWDARY) CENTRAL VIGILANCE COMMISSIONER (RAJIV) (Dr. T.M. BHASIN) VIGILANCE COMMISSIONER VIGILANCE COMMISSIONER New Delhi Dated: the 30th March, 2017 Annual Report 2016 iii ACKNOWLEDGEMENT The Central Vigilance Commission thanks the Government of India, its Ministries/Departments, Public Sector Undertakings, Public Sector Banks and other organizations, the team of Chief Vigilance Officers, Central Bureau of Investigation, Law officers and all others connected with the Commission for their cooperation and assistance. iv Annual Report 2016 CONTENTS Chapter Description Pages 1 Mandate of the Commission 1 - 10 2 Commission’s Activities during 2016 13 - 30 3 Superintendence over Vigilance Administration 33 - 42 4 Non-compliance of Commission’s advice and other Areas of Concern 45 - 100 5 Chief Technical Examiner’s Organization 103 - 110 6 Superintendence over Central Bureau of Investigation 113 - 123 7 Preventive Vigilance and Systemic Improvements 127 - 141 8 Participative Vigilance and Vigilance Awareness Week 145 - 151 9 Knowledge Management and Capacity Building 153 - 157 APPENDIX I Group-wise Staff strength and related information as on 31.12.2016 160 in CVC II Organisation-wise details of prosecution sanctioned and penalties 161 - 169 imposed during 2016 where Commission’s Advice was obtained III Work done by CVOs in 2016 170 - 192 IV Organisation-wise list of complaints referred by Commission and 193 - 199 pending with CVOs for Inquiry and Report as on 31.12.2016 V Organisation-wise list of first and second stage advices pending for 200 - 208 implementation of Commission’s advice VI Some important irregularities observed during Intensive Examinations 209 - 212 of various Organisations Annual Report 2016 v Valedictory Function of Vigilance Awareness Week 2016 vi Annual Report 2016 ANNUAL REPORT 2016 AN OVERVIEW th n The Central Vigilance Commission (CVC) was established on 11 February,1964 by a Government of India Resolution as an apex body for prevention of corruption in Central Government institutions. It functions through a well established vigilance administrative set up, guidelines and manuals. (Para 1.2 ) n The Commission was given statutory status by enactment of the CVC Act, 2003 and vested with autonomy and insulation from external influences. After the enactment of the CVC Act, 2003, the Commission became a multi-member body consisting of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Members), to be appointed by the President. The total sanctioned staff strength of the Commission is 296. As on 31.12.2016, the total staff strength in position in the Commission was 243. (Para 1.7 & 1.20) n The Commission is entrusted with powers to inquire or cause inquiries, call for any information/ documents from the Central Government and exercise superintendence over the functions of CBI for offences related to Prevention of Corruption Act, 1988. (Para 1.7) n The Commission has been empowered through the Lokpal and Lokayuktas Act, 2013 to conduct preliminary inquiry into complaints referred by the Lokpal to it. The Act also has a provision for a Directorate of Inquiry to be set up in Commission. (Para 1.8) n The Whistleblowers’ Protection Bill, 2011 passed by Parliament, received the assent of the President and has been enacted as Whistle Blowers Protection Act, 2011 (No. 17 of 2014). (Para 1.11) n All departments / organisations under the Commission’s jurisdiction have vigilance units headed by Chief Vigilance Officers (CVOs). The CVOs act as an extended arm of the Commission. There are 200 posts of full time CVOs and 512 posts of part time CVOs. (Para 1.24 & 1.25) n The Commission believes that transparency and objectivity in governance hold the key to combating corruption. In its endeavour for ensuring transparency, fair play and objectivity in matters related to public administration, the Commission as part of a multi-pronged strategy to tackle corruption has been stressing on punitive, preventive and participative vigilance measures. The Commission has proactively reached out to Ministries, Departments and other Organisations using a variety of interventions in order to achieve these goals. (Para 2.3) Annual Report 2016 vii n The Commission tendered advices in 3804 cases during the year 2016. These include Commission’s advice of initiation of major penalty proceedings in 460 cases and minor penalty proceedings in 183 cases as its first stage advice. Similarly, Commission advised imposition of major penalty in 206 cases and minor penalty in 153 cases as its second stage advice. (Paras 2.14, 2.17 & 2.18) n The Commission recommended grant for sanction of prosecution in 62 cases involving 85 officials during 2016. (Para 2.17) n The Commission received 51207 complaints (including brought forward) during 2016 out of which 48764 complaints were disposed. Complaints received in the Commission are processed electronically through IT enabled core processes to ensure speed and transparency. (Paras 2.29 & 2.40) n The Commission accorded vigilance clearance for 395 Board Level appointments and for 2037 officials for empanelment to the post of Joint Secretary and above in the Central Government. (Para 2.39) n As per the Annual Reports received from CVOs, 18541 penalties, both major and minor, were imposed on all categories of public servants, as a result of punitive action during the year 2016. Major penalties were imposed against 5716 officers and minor penalties were imposed against 12825 officers. (Para 3.8) n During 2016, 52 cases of deviations from the prescribed procedure or of non-acceptance of Commissions advice were approved by Commission for inclusion in the Annual Report of 2016 (Para 4.3) n The Commission obtains data relating to Preliminary Enquiries (PEs) and Registered Cases (RCs) in the format of four templates prescribed by it from CBI every month. During 2016, the Commission held twelve monthly review meetings with CBI, wherein cases against senior officers of the Government and executives of banks / public sector enterprises were reviewed. (Para 6.6 ) n The Commission reviews the progress of cases pending for sanction of prosecution with various organisations, under the Prevention of Corruption (PC) Act, 1988. CBI reported that at the end of 2016, a total of 126 cases were pending for grant of sanction for prosecution under PC Act, 1988. (Para 6.11) n Chief Technical Examiner’s Organisation (CTEO) undertook intensive examination of 65 procurement cases, covering 51 organisations during the year. The value of these procurement cases was over Rs.16,770 crores. Action taken on CTEO’s observations resulted in a large number of systemic improvements. (Para 5.9 & 5.12) viii Annual Report 2016 n The Commission has posited that preventive vigilance is a tool of management and good governance. Given the focus on systemic improvements by the Commission, several Public Sector Undertakings (PSUs) made efforts to streamline and automate processes. (Para 7.3 & 7.8) n The Commission, based on examination of vigilance cases, issued several important guidelines having impact on systemic improvements. (Para 7.9) n The Commission has been advocating transparency, equity and competitiveness in public procurements and Integrity Pact (IP) is an effort in this direction. The Commission has approved names for appointment of Independent External Monitors (IEMs) in 132 Ministries/ Departments/Organisations. (Paras 3.22 & 3.25) n The Central Vigilance Commission launched the Integrity Index project for public organizations which will be based on bench-marking of governance processes by internal and external stakeholders. In the first year the Integrity Index is being developed for 25 organisations. (Para 7.10 & 7.14) st th n The Commission observed Vigilance Awareness Week, 2016 from 31 October to 5 November, 2016. The theme of the Vigilance Awareness Week was “Public participation in promoting Integrity and eradicating Corruption”. (Para 8.10) n The Commission envisaged a concept of “Integrity Pledge” to enlist support and commitment of the citizens and organizations for upholding the highest standards of ethical conduct, honesty and integrity. The Integrity Pledge is an ongoing initiative of the Commission and over 8 lakh citizens and over 25000 organisations had taken the pledge by the end of 2016. (Para 8.12) n “Awareness Gram Sabhas” were organized where short plays, nukkad nataks, display of posters and screening of films, etc., were made for dissemination of awareness in Gram Panchayats to sensitize citizens on the ill effects of corruption. About seventy thousand such Gram Sabhas were conducted covering a large number of citizens across the country. (Para 8.15) n The outreach activity focusing on inculcating greater awareness on corruption and anti-corruption measures were also held in colleges and schools including professional colleges/institutions. Activities in schools / colleges across the country in over 500 cities and towns during the week reached out to several lakh students / youth. (Para 8.16) Annual Report 2016 ix th n A National Seminar was organized on 7 November 2016 at Vigyan Bhavan which was followed by the valedictory function of the Vigilance Awareness Week 2016, presided by the Hon’ble Prime Minister Shri Narendra Modi Ji. In his address, the Hon’ble Prime Minister stated that a developing country like India cannot afford the luxury of corruption. (Para 8.19 & 8.23) n The Commission participated in various international conferences in 2016.