CENTRAL VIGILANCE COMMISSION

The Central Vigilance Commission (CVC) was established in 1964, as an apex body for
exercising general superintendence and control over vigilance administration, through the
Government of India Resolution of 11.2.1964. The main mandate of the Commission was
based on the report of the Committee on Prevention of Corruption, popularly known as the
Santhanam Committee. The establishment of the Commission was considered essential for
evolving and applying common standards in deciding cases involving lack of probity and
integrity in administration. The Resolution empowered the CVC to undertake inquiry into
any transaction in which a public servant is suspected or alleged to have acted for an
improper purpose or in a corrupt manner irrespective of his or her status. Through subsequent
ordinances and legislations the Government has added to the functions and powers of the
Commission. Subsequent to the directions of Honble Supreme Court in the judgement of the
Writ Petition filed in public interest by Shri Vineet Narain and others in Jain Hawala Case,
the Government promulgated an Ordinance in 1998. The Ordinance of 1998 conferred
statutory status to the CVC and the powers to exercise superintendence over functioning of
the Delhi Special Police Establishment, and also to review the progress of the investigations
pertaining to alleged offences under the Prevention of Corruption Act, 1988 conducted by
them. In 1998 the Government introduced the CVC Bill in the Lok Sabha in order to replace
the Ordinance, though it was not successful. The Bill was re-introduced in 1999 and remained
with the Parliament till September 2003, when it became an Act after being duly passed in
both the Houses of Parliament and with the Presidents assent. The provisions of the Act
include inquiries into offences alleged to have been committed by certain categories of public
servants of the Central Government; corporations established by or under any central Act;
government companies; societies; and local authorities owned or controlled by the Central
Government; and for matters connected therewith or incidental thereto. To give effect to the
provisions of the Act of 2003, the Commission exercises all powers and functions entrusted
to it under the Government of India Resolution No.24/7/64-AVD dated 11.2.1964, which are
not inconsistent with this Act.
Important Features of the CVC Act, 2003

The Commission shall consist of a Central Vigilance Commissioner (Chairperson) and not
more than two Vigilance Commissioners (members).

The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed
by the President on recommendation of a Committee consisting of the Prime Minister
(Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in
the House of the People (Member).

The term of office of the Central Vigilance Commissioner and the Vigilance Commissioners
would be four years from the date on which they enter their office or till they attain the age of
65 years, whichever is earlier.

The Commission, while conducting the inquiry, shall have all the powers of a Civil Court
with respect to certain aspects.

Commissions Jurisdiction under CVC Act :-

Members of All India Services serving in connection with the affairs of the Union and
gazetted officers of the Central Government.

Board level appointees and other senior officers upto two grades below the Board level, in
the Public Sector Undertakings of the Central Government;

Officers of the rank of Scale V and above in the Public Sector Banks; Officers of the rank
of Assistant Manager and above in the Insurance Sector (covered by LIC and GIC and four
non-life insurance companies in the Public sector); and

Officers drawing basic pay of Rs. 8700/- (Pre-revised) per month and above in autonomous
bodies/local authorities or societies owned or controlled by the Central Government.

CVC Chief Commissioner:-

The Chief Commissioner of CVC will be appointed by the President of India for a term of six
years or at his retirement at the age of 65-years, which ever is earliest. Hence, the CVC Chief
Commissioner does not hold office at the pleasure of the President. He can be removed from
office by the President on ground of misbehavior but only after the Supreme Court of
India has held an inquiry into his case and recommend an action against him.
The Chief Commissioner will operate the vigilance machinery and coordinate the work of
vigilance officers subordinate to him.

Functions and powers of the Central Vigilance Commission

Exercise superintendence over the functioning of the Delhi Special Police

Establishment (CBI) insofar as it relates to the investigation of offences under the
Prevention of Corruption Act, 1988; or an offence under the Cr.PC for certain
categories of public servants section 8(1)(a);
Give directions to the Delhi Special Police Establishment (CBI) for superintendence
insofar as it relates to the investigation of offences under the Prevention of Corruption
Act, 1988 section 8(1)(b);
To inquire or cause an inquiry or investigation to be made on a reference by the
Central Government section 8(1)(c);
To inquire or cause an inquiry or investigation to be made into any complaint received
against any official belonging to such category of officials specified in sub-section 2
of Section 8 of the CVC Act, 2003 section 8(1)(d);
Review the progress of investigations conducted by the DSPE into offences alleged to
have been committed under the Prevention of Corruption Act, 1988 or an offence
under the Cr.PC section (8)(1)(e);
Review the progress of the applications pending with the competent authorities for
sanction of prosecution under the Prevention of Corruption Act, 1988 section 8(1)
(f);
Tender advice to the Central Government and its organizations on such matters as
may be referred to it by them section 8(1) (g);
Exercise superintendence over the vigilance administrations of the various Central
Government Ministries, Departments and Organizations of the Central Government
section 8(1)(h);
Shall have all the powers of a Civil court while conducting any inquiry section 11;
Respond to Central Government on mandatory consultation with the Commission
before making any rules or regulations governing the vigilance or disciplinary matters
relating to the persons appointed to the public services and posts in connection with
the affairs of the Union or to members of the All India Services section 19.
The Central Vigilance Commissioner (CVC) is the Chairperson and the Vigilance
Commissioners (Members) of the Committee, on whose recommendations, the
Central Government appoints the Director of Enforcement section 25.
The Committee concerned with the appointment of the Director of Enforcement is
also empowered to recommend, after consultation with the Director of Enforcement
 appointment of officers to the posts of the level of Deputy Director and above in the
Directorate of Enforcement section 25;
The Central Vigilance Commissioner (CVC) is also the Chairperson and the Vigilance
Commissioners (Members) of the Committee empowered to recommend after
consultation with Director (CBI), appointment of officers to the post of the level of SP
and above except Director and also recommend the extension or curtailment of tenure
of such officers in the DSPE (CBI) - Section 26 and Section 4C of DSPE Act, 1946.

Section 26 in the Central Vigilance Commission Act, 2003

26. Amendment of Act 25 of 1946.In the Delhi Special Police Establishment Act, 1946,

(a) after section 1, the following section shall be inserted, namely: 1A. Interpretation
section.Words and expressions used herein and not defined but defined in the Central
Vigilance Commission Act, 2003, shall have the meanings, respectively, assigned to them in
that Act.;

(b) for section 4, the following sections shall be substituted, namely: 4. Superintendence
and administration of Special Police Establishment.(1) The superintendence of the Delhi
Special Police Establishment insofar as it relates to investigation of offences alleged to have
been committed under the Prevention of Corruption Act, 1988 (49 of 1988), shall vest in the
Commission.

(2) Save as otherwise provided in sub-section (1), the superintendence of the said police
establishment in all other matters shall vest in the Central Government.

(3) The administration of the said police establishment shall vest in an officer appointed in
this behalf by the Central Government (hereinafter referred to as the Director) who shall
exercise in respect of that police establishment such of the powers exercisable by an
Inspector-General of Police in respect of the police force in a State as the Central
Government may specify in this behalf.

(4A) Committee for appointment of Director.(1) The Central Government shall appoint the
Director on the recommendation of the Committee consisting of

(a) the Central Vigilance Commissioner Chairperson;

(b) Vigilance Commissioners Members;

(c) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the
Central Government Member;

(d) Secretary (Coordination and Public Grievances) in the Cabinet Secretariat Member.

(2) While making any recommendation under sub-section (1), the Committee shall take into
consideration the views of the outgoing Director.

(3) The Committee shall recommend a panel of officers

(a) on the basis of seniority, integrity and experience in the investigation of anti-
corruption cases; and
(b) chosen from amongst officers belonging to the Indian Police Service constituted
under the All-India Services Act, 1951 (61 of 1951), for being considered for
appointment as the Director.

(4B) Terms and conditions of service of Director.

(1) The Director shall, notwithstanding anything to the contrary contained in the rules relating
to his conditions of service, continue to hold office for a period of not less than two years
from the date on which he assumes office.

(2) The Director shall not be transferred except with the previous consent of the Committee
referred to in sub-section (1) of section 4A.

(4C) Appointment for posts of Superintendent of Police and above, extension and curtailment
of their tenure, etc.

(1) The Committee referred to in section 4A shall, after consulting the Director, recommend
officers for appointment to the posts of the level of Superintendent of Police and above and
also recommend the extension or curtailment of the tenure of such officers in the Delhi
Special Police Establishment.

(2) On receipt of the recommendation under sub-section (1), the Central Government shall
pass such orders as it thinks fit to give effect to the said recommendation.;
(c) after section 6, the following section shall be inserted, namely: 6A. Approval of
Central Government to conduct inquiry or investigation.

(1) The Delhi Special Police Establishment shall not conduct any inquiry or investigation into
any offence alleged to have been committed under the Prevention of Corruption Act, 1988
(49 of 1988) except with the previous approval of the Central Government where such
allegation relates to

(a) the employees of the Central Government of the level of Joint Secretary and above; and

(b) such officers as are appointed by the Central Government in corporations established by
or under any Central Act, Government companies, societies and local authorities owned or
controlled by that Government.

(2) Notwithstanding anything contained in sub-section (1), no such approval shall be

necessary for cases involving arrest of a person on the spot on the charge of accepting or
attempting to accept any gratification other than legal remuneration referred to in clause (c)
of the Explanation to section 7 of the Prevention of Corruption Act, 1988 (49 of 1988)..

Related Cases / Recent Cases / Case Law

Manzoor Ali Khan v Union of India and Others Writ Petition 305 OF 2007, Civil
Original Jurisdiction, Writ Petition No 305 OF 2007, Supreme Court of India judgement
dated August 6, 2014 dealt with the constitutional validity of Section 19 of the Prevention
of Corruption Act, 1988

Jain Hawala Case: The Supreme Court directed for the separation of four investigative
agencies from the control of the executive. These include CBI, Enforcement Directorate,
Revenue Intelligence Department and the CVC. The court shifted CBI to be under the
administrative control of CVC. The Court directed for making the CVC into a statutory
body.
Commissioners for Departmental Inquiries (CDIs) :-

There are fourteen posts of Commissioners for Departmental Inquiries (CDI) in the
Commission, 11in the rank of Directcor and 03 in the rank of Deputy Secretary. The
 CDIs function as Inquiry Officers to conduct Oral inquiries in departmental
proceeding initiated against public servants.

Technical Wing :-

The Chief Technical Examiners (CTE) Unit, which is the technical wing of the
Commission, assists it actively with two Chief Technical Examiners (of the rank of
Chief Engineer), who in turn are assisted by eight Technical Examiners (of the rank of
Executive Engineer), six Assistant Technical Examiners (of the rank of Assistant
Engineer) and other subordinate staff. The CTE unit of the Commission is engaged in
examination of civil and electrical works including air-conditioning and horticulture
works, being executed by Ministries/ departments of Government of India, central
public sector undertakings, banks and financial institutions and cooperative bodies
etc., falling within the jurisdiction of the Commission. The inspection of stores
purchase contracts and works for computerisation etc. are also undertaken by the CTE
Unit.