CHIEF VIGILANCE OFFICERS GUIDELINES

GOVERNMENT OF INDIA
 MINISTRY OF PERSONNEL,
 PUBLIC GRIEVANCES AND PENSIONS

(DEPARTMENT OF PERSONNEL & TRAINING)
NEW DELHI

January,2001

(Web site http://persmin.nic.in)

 

NO. 372/8/99-AVD. III       dated the  18th  th January,2001.

OFFICE MEMORANDUM

SUBJECT: Procedure  for selection and appointment of Chief Vigilance  Officers in the various Central Public  Sector Undertakings   etc.

                     The basic guidelines on the above subject were issued vide Department of Personnel and Training O.M. No.  36(9)-EO/89-SM (I) dated the 7th February 1992. Thereafter, instructions have been issued from time to time as approved by the Government.  All these instructions issued by the Department of Personnel  & Training have been consolidated and reproduced below for the information and guidance of all concerned. The posts of Chief Vigilance Officers are to be treated as Central Staffing Scheme Posts and except where specific provisions have been made in respect of CVOs, the provisions contained in this Department’s OM No. 36/77/94-EO (SM.I) dated 5.1.1996 shall be applicable.

2. GUIDELINES FOR APPOINTMENT OF CHIEF VIGILANCE OFFICER (CVO)               

(i)  As far as practicable, a Chief Vigilance Officer should not belong to the organisation to which he is appointed and should be from outside.

(ii)  Once an officer has worked as a Chief Vigilance Officer in a particular organisation, he should not go back as CVO to the same Organisation again.

(iii)The cadre controlling authorities of the various organised services as well as Public Sector Undertakings, who would like to offer the services of the officers, would be asked from time to time to offer the names of suitable candidates with proven integrity for the posts of CVOs likely to fall vacant.

(iv) The officers deputed as CVOs to Public Sector Undertakings may draw pay as per the scale prescribed for the posts or their grade pay as is permissible under the rules.

(v) The CVOs would be eligible for an initial deputation tenure of three years in PSUs which is extendable upto a further period of two years in the same PSU (total 5 years) with the prior clearance of the CVC or upto a further period of three years on transfer to another PSU on completion of initial tenure of three years in the previous PSU.

(vi)    The posts of Chief Vigilance Officers (CVOs) in the Central Public Sector Undertakings are treated as Central Staffing Scheme posts as those filled as per the procedure followed under the Central Staffing Scheme for posts in the Central Government.   However, in order to attract officers for manning the posts of CVOs in various Public Sector Undertakings certain special dispensations which are applicable to non-Central Staffing Scheme posts have been made. For instance, if a request is received from an officer occupying a post under the Central Staffing Scheme on deputation, duly recommended by the Ministry/Department in which he is posted, with the approval of the Minister-in-Charge, for being considered for appointment as CVO, at least one year before the expiry of his tenure on the Central Staffing Scheme Post, such an officer, if selected for appointment as CVO may be allowed a tenure of 3 years as CVO subject to a maximum of 7 years' combined tenure on the Central  Staffing Scheme post  and  the   post of CVO.

(vii)  Prior approval of the Central Vigilance Commission would be obtained before the names are offered to the respective Ministries/ Departments for the posts of CVOs in Public Sector Undertakings under their charge.

(viii)  A panel of officers cleared by the Central Vigilance Commission will be suggested to the administrative Ministry/Department concerned with the approval of the Minister of State in the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training. The administrative Ministry is required to select an officer out of the panel with the approval of its Minister-in-charge and communicate the same to the Department of Personnel and Training for obtaining the approval of the Competent Authority.

3.ELIGIBILITY CRITERIA 

(i)  The officers should be holding JS/ IG/ DIRECTOR/DIG / DS level posts.

(ii)   The officers should have completed the requisite ‘cooling off’ period in their parent cadre before they are recommended for a second central deputation.

(iii)  Such of the officers, who were sponsored earlier for the post of CVOs/Executive Director (Vig) but  not found suitable should not be sponsored again.

(iv)     The officers sponsored for the post of CVO in the     PSUs would  not  be allowed  to  withdraw  their  candidature  subsequently  and  it  will  be  the     responsibility of   the   respective   cadre   controlling  authorities to ensure the release of   the officers in the event of their selection.

(v)  If an officer does not join within the prescribed time, his appointment would be treated as cancelled and the officer concerned would stand debarred from Central deputation for a period of five years from the date of issuing  orders of  his/her appointment. Further, the officer would also be debarred from being considered for any foreign training as also from being given cadre clearance for being deputed on foreign assignments/ consultancies abroad during the period of debarment.

(vi) The  officers  debarred  for  central  deputation   should not be sponsored for consideration for the post  of CVOs till they complete their debarment period/become eligible for consideration.

4.                 WHEN, HOW AND TO WHOM TO APPLY

(i)       The vacant posts of CVOs are generally circulated  by    the  Department of Personnel and Training to  various  cadre  controlling  authorities  of Group `A' services and the State Governments   towards  the  end  of  every  calendar  year  inviting names for consideration of officers  in  the  offer  list for the  next  calendar year.

(ii)            The eligible officers should apply along with their bio-data  (in duplicate) to their respective cadre controlling authorities that would make their recommendations to the Department of Personnel and Training and furnish up-to-date CR dossiers along with vigilance clearance in respect of the officers concerned.

(iii)     The cadre authorities as well as the officers on the offer list would also be required to indicate choice of location since a large number of these posts are located outside Delhi.

(iv)     The offer list would be obtained so as to be operative for one calendar year.

5.   ELIGIBILITY  FOR GENERAL POOL ACCOMMODATION

(i)                The officers on their appointment as Chief Vigilance Officers in Central Public Sector Undertakings are not entitled to General Pool accommodation but are to be provided with accommodation by the Public Sector Undertakings concerned, as per the guidelines issued by the Department of Public Enterprises, from time to time.

(ii)              The government officers who are mandatorily posted to Public Sector Undertakings/Statutory bodies/ineligible organisations may be permitted to retain General Pool accommodation in their occupation on payment of special licence fee by the organisation till their superannuation or reversion to an eligible office, provided the Establishment Officer, DOPT, certifies that the said posting was mandatory and in exigency of Public service.

6.      ASSOCIATION OF CVOs WITH DEPARTMENTAL DUTIES, HANDLING SENSITIVE MATTERS.

The vigilance functionaries should not be a party to processing and decision making process or in other similar administrative transactions of such nature which are likely to have a clear vigilance sensitivity.   While it should not be difficult for full time vigilance officers to comply with this requirement by disassociating themselves with decision  making process in the substantive  work  of  sensitive  nature  in  their   organisations, similar compliance of these instructions could be     achieved  in  respect  of   part  time  vigilance  functionaries  also  by  confining  their  duties    (other  than  those  connected  with  vigilance work), as  far  as possible to such items of work,  that  are   either  free  from   vigilance   angle   or  preferably  serve as input to vigilance  activity,  for example, inspections and audit etc.

7.     PERMANENT  ABSORPTION  OF CHIEF   VIGILANCE  OFFICERS IN PUBLIC SECTOR UNDERTAKINGS.

Once  a  Chief Vigilance Officer has worked in a   particular  Organisation, he should not be posted  as  CVO  in the same Organisation.  This aims  at  ensuring  that an officer appointed as CVO in  an     Organisation  is able to inspire confidence  that   in  deciding  vigilance  cases, he will  not  be  hampered  by  any past   association  with   the   organisation.  The  appointment of an outsider CVO also   ensures   objectivity  in   dealing   with vigilance  cases.  It has also been observed that    if  any assurance is extended to an outsider  CVO for  permanent  absorption,   there  is  distinct   possibility, that it would impair his objectivity  in  deciding vigilance cases and would negate the  very   purpose  of   appointing  outsider   CVOs. Keeping  in view the above policy guidelines,  an  outsider  officer appointed as CVO in any Central Public  Undertaking shall   not  be  permanently  absorbed in the same organisation on expiry or in    continuation  of  his  tenure  as  CVO  in   that organisation.

8.GRANT OF HIGHER GRADE PAY CONSEQUENT ON THE PROFORMA PROMOTION IN THE CADRE UNDER THE NEXT BELOW RULE.

(i)                   The officers in the rank of Additional Secretary should not be posted as CVOs; 

(ii)                 The officers appointed  in the rank of Joint Secretary and subsequently picking  up promotions in their respective parent cadres to the rank of Additional Secretary should be governed by the instructions issued by the Department of  Personnel and Training in  its O.M.No 2/29/91-Estt. (Pay.II) dated 5th January, 1994. Accordingly, such officers will either have the option to continue in the rank of Joint Secretary (without availing of proforma promotion) for the rest of the term or revert to their parent cadre within a period of six months as prescribed in the above Office Memorandum;

(iii)               In the case of officers initially appointed as CVOs  either in the rank of Deputy Secretary or Director, and later on  receiving offer of promotion to higher ranks in their parent cadres as Director/Joint Secretary, a proposal, if received from the concerned Administrative Ministry/Department, for allowing them to pick up the grade pay in the higher scale(Director or Joint Secretary as the case may be), can be agreed to by the Department of Personnel and Training with the approval of  Secretary (Personnel)/ Minister of State for Personnel, Public Grievances and Pensions, without further reference to ACC, provided that in the case of Joint Secretary’s grade, an officer of his batch in the service to which the officer (CVO) belongs, has been empanelled to hold Joint Secretary/equivalent level post at the Centre.

9.   SPECIAL INCENTIVES FOR CVOs IN PSUs LOCATED OTHER THAN METROPOLITAN CITIES

(i)      Grant  of  special  allowance @ 15%  of  the    basic  pay to the Chief Vigilance Officers / Executive  Directors  (Vigilance)   of   the  Public  Sector  Undertakings  (PSUs). Those who are granted such special  allowance  will not be eligible for  special    pay/deputation  (duty) allowance.    Further,  the  special  allowance   would  be given only to  the deputationists posted on a regular basis  and  not to PSU employees of Vigilance  Wing   holding  additional  charge of the  post  of  CVO.

(ii)      Appropriate   education  allowance if such allowances  are   already  available to their own employees of   the relevant PSU.

(iii)    The  tenure shall be treated as 50% of the Central Deputation tenure, for the purpose of considering    such   officers  for   further  posting    in  Government     of    India      under   Central  deputation; provided the officer has served  the  PSU  as CVO/ED(Vigilance) for at  least    three  years,  and   provided  further  that     consideration for appointment to the post at   the  level of Joint Secretary under  Central     Staffing  Scheme  will  be  subject  to  his   empanelment  for holding a post at the level   of Joint Secretary.

(iv)   After  an  initial term of 3 years, posting in  Government  of  India  under  Central deputation  to  be   considered  on  priority  basis subject to  the  condition  that  the total tenure  including   the  50%  tenure of CVO shall not  exceed  7  years.   The calculation of tenure for  CVOs   for  assignments  under   Central   Staffing Scheme is explained in the Annexure.

(v)    A  posting  as Chief Vigilance Officer in  a  Public  Sector Undertaking could be allowed, located  at  places other than  Metropolitan cities in continuation of a posting with the   Government   of   India,   subject  to   the  condition  that the total period  including  the  earlier  tenure,  shall  not  exceed  7    years.   Thus, if an officer has served on a  post under the Central Staffing Scheme for 4  years  and then proceeds on deputation to  a   post of CVO in a PSU located at places other  than  Metropolitan  Cities, he will  have  a     tenure of 3 years on  the  post  of   CVO  subject   to  an  overall  ceiling of  seven  years  of   combined  tenure  on  the  Central  Staffing  Scheme post and the post of CVO.

(vi)    Reduction in the "Cooling Off" period from 3  years  to 2 years for an officer who had    worked  as a  Chief  Vigilance  Officer  in  a  Public  Sector undertaking located at a place   other  than Metropolitan Cities immediately   before  the  "Cooling  Off"   period  or on his posting as such,  immediately      after the `Cooling off' period.

Sd/-

            ( D.C. GUPTA )

         Additional Secretary to the Government of India

           

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