Beruflich Dokumente
Kultur Dokumente
Prologue
In the previous article we checked conduct rules: meaning, examples, case studies
moving to the next topic: Complaints: sources and types
Sources of Complaint
An officer comes to know about any misconduct/ mischief of his subordinates via
complaint. Here are the major sources of complaint:
1. Direct complaint to Administrative authority (i.e. public/NGO/MP/MLA
anyone- making complaint to the officer or his boss)
2. Direct complaint to Vigilance Commission, Lokayukta, Police, CBI, ACB.
3. Visit, inspection, raid, audit, surprise check, stock-verification (by the officer or
some other officer)
4. Scrutiny of annual property statements, Income tax returns of his subordinates
5. Press/Media reports. And nowadays- even social networking sites.
6. PIL, Writ petitions in the court
7. Reports of legislative Committees like the Estimates / Public Accounts,
Committee on Public Undertakings. Debates on the floor of parliament / state
legislature.
http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html/print/
1/9
4/30/2014
pseudonymous
From Whistleblowers
At the moment, Whistleblower bill is pending Rajya Sabha. but
Government of India has already authorized the Central Vigilance Commission
(CVC) as the Designated Agency to receive written complaints from
whistleblowers.
limitation: protection only for the Central Government / PSUs / bodies owned
by Central government
if the employee wishes to unearth scam in his department without disclosing his own
identity, he should
1.
2.
3.
4.
Oral Complaints
While normally a public servant should to address all the instruction,
communications, order through proper official channel and writing.
However, there is no objection in entertaining a direct oral complaint about
corruption or other kinds of malpractice.
All the genuine complainants should be given protection against harassment or
victimization.
Whenever a public/staff member furnishes any information orally in confidence,
the confidence should be respected.
http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html/print/
2/9
4/30/2014
3/9
4/30/2014
@State
CVC=>CBI
They look after vigilance/corruption matters in all
ministries, departments, PSUs, Nationalized banks,
sci-edu-culture etc. bodies, funded by the Union
Government.
All such departments/PSUs/Bodies have a
vigilance division- headed by Chief Vigilance
Officer (CVO).
This CVO maintains liaison between department vs
CVC (+CBI).
+/- Lokayukta
state vigilance
commission=>Anticorruption bureau
(ACB)
Vigilance division
in each department.
4/9
4/30/2014
#2:
Administrative
Angle
#3: Criminal
Angle
well see about them in detail, in the next article. for the moment, lets check some
case studies
Case studies
in the following cases, DevAnand is a Superintending Engineer in PWD
department and has received complaint about his junior engineer Prem Chopra.
and Dev has to decide- what to do with the complaint.
http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html/print/
5/9
4/30/2014
Rule of thumb: If the nature of complaint is such that Dev will have to make
enquiries to private citizen, examining non-official records, bank lockers,
conducting search-seizures etc. = he doesnt have such investigation powers like
a police officer.
in such situation, He should better forward the matter to vigilance division
(=>ACB, CBI) / local police.
Complaint: Prem Chopra has acquired a large farmhouse in another state using illgotten money from contractors. Then blah blah blah
WRONG APPROACH
1. Dev should file RTI
to the land record
office of given state
to find ownership of
the farm house.
2. Should personally
visit that farmhouse
and inquire the
neighbors /
chowkidars / real
estate agents about
the owner.
3. should seek
explanation from
Prem
4. Should immediately
suspend Prem
Chopra and order
inquiry.
RIGHT APPROACH
RIGHT APPROACH
1. Should immediately
suspend Prem Chopra
and order inquiry.
first is Technical/Administrative Angle: should
2. Should forward the
inspect the building quality by himself. If prima facie
complaint to local
mischief appears=> vigilance angle.
police / vigilance
commission.
http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html/print/
6/9
4/30/2014
Complaint: Prem Chopra secretly takes bribes from contractors via his wifes SBI
bank account. Then blahblah blah..
WRONG APPROACH
Dev should write a letter
to SBI manager to get
detailed transections
Prems Wifes bank
account.
Then he should verify if
there is any pattern of
money donations by
local contractors.=>
suspend Prem
Chopra=>order
inquiry=>dismiss him.
RIGHT APPROACH
Vigilance angle. Besides Dev has no power
to get bank account details of a private citizen.
Forward matter to vigilance division=>ACB.
ACB will first launch discreet enquiry for
disproportionate assets, once substantial
matter is found, theyll lodge FIR, make raid
on his house, bank account, lockers and his
game will be over. hell be prosecuted under
prevention of corruption act.
then, Dev should suspend him=>launch
disciplinary action.
RIGHT APPROACH
Criminal angle. Besides incident happened
outside Devs office, during off-duty hours.
Dev cannot go around inquiring private
citizen witnesses.
So, he should suggest the father to lodge
complaint with local police and assure him
that police and press donot divulge identity
of female in such cases.
if police arrests Prem Chopra, then Dev should
transfer/suspend him and order departmental
inquiry for violation of conduct rules.
7/9
4/30/2014
2. Prem is living as paying guest in my house but has not paid rent for last three
months.
+Ranjith also mentions how desperately he needs money for his younger sisters
wedding / ill mothers cancer treatment and requests DevAnand to cut money from
Prem Chopras salary and give it to him.
WRONG APPROACH
RIGHT APPROACH
Whistle-blowing
Dev is an under-secretary in coal ministry- well known among the staff as an honest,
upright officer. One day GuruDutt, the PA to Coal minister comes to see him. Guru
talks about a secret deal going on between the minister and certain industrialists for
allotment of blocks for hefty bribes.how the secretary and upper echelon of
bureaucracy is also involved in this scam. Guru also shows him incriminating
documentary evidences that prima facie prove all of his allegations. However Guru
fears reprisal and hence afraid to lodge complaint. What should Dev do?
wrong approach
http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html/print/
4/30/2014
http://mrunal.org/2013/11/ethics-complaints-sources-types-actions-case-studies.html/print/
9/9