(a) whether the powers and functions of the Central Vigilance Commission
(CVC) are limited only to advisory nature in corruption related cases;
(b) if so, the details of the provisions made in CVC Act in this regard;
(c) whether due to these provisions, no action could be taken even after
the inquiry against higher officials in the Ministries and Undertakings;
(d) if so, the details thereof; and
(e) the corrective measures taken by the Government to make CVC
more effective?
Minister of State in the Ministry of Personnel, Public Grievances and Pensions
and Minister of State in the Prime Minister’s Office (SHRI V. NARAYANASAMY)
(a) & (b): The powers and functions of the Central Vigilance Commission
(CVC) are provided under Section 8 of the CVC Act, 2003 (45 of 2003). The CVC
Act empowers the Commission to enquire or cause inquiries or investigations
to be conducted into offences alleged to have been committed under the Prevention
of Corruption Act, 1988 by certain categories of public servants in the Central
Government, corporations established by under any Central Act, Government
companies, societies and local authorities owned or controlled by the Central
Government. As per Section 8(1) (g) of the CVC Act, the Commission tenders
advice to the Central Government, corporations established by or under a Central
Act, Government companies, societies and local authorities owned or controlled
by the Central Government on such matters as may be referred to it by that
Government, said Government companies, societies and local authorities owned
or controlled by the Central Government or otherwise.
(c) & (d): No Madam. In pursuance of the Commission’s advice, the competent
authorities in various organizations, issued sanction for prosecution against
262 public servants, imposed major penalties on 994 public servants and minor
penalties on 1269 public servants during 2010.
(e): In majority of cases, the authorities concerned accept the Commission’s
advice and act accordingly. However, in cases where the authorities concerned
do not accept the Commission’s advice, the Commission reports such cases in its
Annual Report which is laid in the Parliament.
Further, under existing instructions of the Government, all cases relating to
Gazetted officers for whom the appointing authority is the President of India,
wherein the Ministries/Departments intend to differ from/not accept any
recommendation of the Central Vigilance Commission, are required to be referred
to the Department of Personnel & Training for a final decision.