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No. A-3001-XXV/CX-A-1964
FROM,
SRI K. K. DASS,
MUKHYA SACHIV,
UTTAR PRADESH SHASAN.
To
ALL HEADS OF DEPARTMENTS AND PRINCIPAL HEADS OF OFFICES, UTTAR PRADESH,
Dated Lucknow, July, 8, 1964.
Subject-setting up of U. P. Vigilance Commission.
SIR,
I am directed to say that pursuant to the establishment by the Government of India of a Central Vigilance Commission, the State Government have also given thought to the matter, and the following scheme has been drawn up for adoption in the State.
2. A body to be known as the U. P. Vigilance Commission will be established.
3. The Vigilance Commission will consist of three members, two of whom will be the members of the Administrative Tribunal constituted under the U. P. Disciplinary Proceedings (Administrative Tribunal) Rules, 1947 and the third will be the Director of Vigilance. The President of the Administrative Tribunal will be the Chairman of the Commission. Administrative Tribunal- The Administrative Tribunal at present has two part-time members. To enable expeditious of disciplinary proceedings it has been decided that the Tribunal will have whole- time members nominated in accordance with the Administrative Tribunal Rules. This Tribunal will deal with disciplinary inquiries against public servants in cases referred to it by the Government in the vigilance Department in accordance with the Administrative Tribunal Rules, 1947. Directorate of Vigilance- A Directorate of Vigilance will be established under the charge of an officer of the status of Inspector-General of Police who will be designated as Director of Vigilance. The functions of the Directorate will be to enquire into complaints of corruption, misconduct and other mal- practices against public servants in cases which are referred to it by the Government. The present Criminal Investigation Department will continue to investigate into cases which are specifically referred to it. This Directorate of Vigilance will have its own staff which will be completely separate from the staff of the Criminal Investigation Department. A copy of the rules framed by the Government for regulating the working and conduct of inquiries by the Directorate of Vigilance is herewith enclosed. In respect of the working of the Directorate of Vigilance these rules will supersede the Rules of Procedure circulated with this department G. O. no. A-351XXV/CX, dated January 17, 1949.
4. The Vigilance Commission as a whole will generally formulate proposals for the prevention and control of corruption and may, in particular, exercise the following functions:-
(a) Advising the Government regarding change in the procedure or practice followed in any Government department or office, with a view to eliminating chances of corruption,
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(b) Collecting such statistics and other information as may be relevant for the purpose.
(c) Advising the Government about the methods and procedure to be followed in entertaining public grievances and redressing them.
(d) Calling for reports, returns and statements from all Government departments, public offices and Government undertakings in order to enable it to exercise general control and supervision over the vigilance and anti-corruption work done in such departments, offices and undertakings.
(e) Obtaining information about action taken by any Government department, office or undertaking on its recommendation.
(f) Submitting an annual report to the Government in the Vigilance Department about its activities and drawing attention of the Government to any recommendations made by the Commission in respect of its functions and which had not been accepted or acted upon by the Government or the department concerned. The report will be placed before the Legislature.
5. The Members of the Tribunal and the Director of Vigilance in their capacity as Members of the Vigilance Commission will furnish such information and date as may be required by the Commission for the efficient discharge of its functions.
6. The Vigilance Commission will not deal with complaints against members of the Legislature and members of Government.
7. Hitherto only selected cases have been referred to the Administrative Tribunal for inquiry. In the revised set up the Tribunal will function as a whole-time body and it is proposed that cases of government servants, particularly gazette officers, involving charges of corruption and misconduct, etc, will normally be referred to it.
8. The Vigilance Commission will formulate its own regulations for the conduct of business, holding of meetings and in respect of such other matters as it may consider necessary.
9. The Vigilance Commission will be provided with such staff as may be necessary for the proper discharge of its duties and responsibilities. The staff may include legal advisers and technical officers.
10. The Anti-corruption cell of the Confidential (A) Department of the Secretariat will form a separate department of be known as Vigilance Department which will function in the Chief Secretary's Branch.
11. The recommendations of the Vigilance Commission on matters mentioned in para 4 above should, as a general rule, be accepted. The procedure at present observed in dealing with the recommendations of the U. P. Public Service Commission shall mutatis mutandis be observed in cases in which the recommendations of the Vigilance Commission are not accepted or acted upon.
12. The above scheme shall come into force from the date of issue of these orders.
13. I am to emphasise that the Government regard the setting up of the Vigilance Commission as an important step in their efforts to chock corruption and to ensure a clean and efficient administration. It is, therefore hoped that all officers associated with the working of the scheme
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and all departments of the Government will extend their full support in securing its successful implementation. I am to add that to achieve this objective. Heads of Departments and their subordinate officers should continue to take steps as may be found necessary other than those mentioned above. I am also to stress that the setting up of the Vigilance Commission does not imply that the Heads of Departments and other officers are absolved of their duty to take all such steps that they may consider necessary for combating corruption.
Yours faithfully,
K. K. DASS,
Mukhya Sachiv, ----------------
No. A-3001(i)-XXV/CX-A OF DATE Copy forwarded for information and necessary action to :
(1) All Secretaries to Government, Uttar Pradesh,
(2) All Commissioners of Divisions, Uttar Pradesh,
(3) All District magistrates and Superintendents of Police, Uttar Pradesh,
(4) The Chairman, Vigilance Commission and President, Administrative Tribunal, Uttar Pradesh, Lucknow,
(5) The Inspector General of Police, Uttar Pradesh, Lucknow,
(6) The Director of Vigilance, Uttar Pradesh, Lucknow,
(7) Appointment (A)/(C) Department/Secretariat Administration Department (Establishment-
I) and all other departments of the Secretariat, By order,
P. K. KAUL,
Sachiv.
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RULES GOVERNING THE WORKING AND CONDUCT OF ENQUIRY BY THE DIRECTORATE OF VGILANCE
1. A Directorate of Vigilance shall be established in Uttar Pradesh with headquarters at Lucknow. It will be incharge of an officer who will be designated as the Director of Vigilance. He will have the powers of a Head of Department and will function directly under Government in the Vigilance Department, which will be a part of the chief Secretary's Branch.
2. The Directorate of Vigilance shall perform the Following functions:
(a) To keep the Government informed of all cases of corruption, bribery, misconduct and other malpractices against public servants that come to their notice.
(b) To collect such intelligence as may be desired by Government with a view to find out the possible sources of corruption amongst public servants.
(c) To make enquiries, secret or open into cases of corruption, bribery, misconduct or other malpractices that may be referred to it from time to time by the Government in the Vigilance Department.
3. The Directorate of Vigilance will be provided with such staff as may be necessary for the proper discharge of its functions. The staff may include such number of legal advisers and technical staff as may be necessary.
4. (1) The Directorate of Vigilance is authorized to make preliminary inquiries, secret or open, into complaints of corruption against government servants in general and gazette officers in particular. This Directorate, however will undertake inquiries only into those cases which are referred to it by the Government in the Vigilance Department.
(2) If during the course of an inquiry, officers of the Directorate of Vigilance receive any information against an officer whose conduct they have not been asked to enquire, the Director of Vigilance shall without delay forward such information to Government in the Vigilance Department.
(3) If during the course of an inquiry against a government servant, officers of the Directorate of Vigilance receive any information of any other corruption of misconduct of that servant not covered by the instructions so far given to Government in the Vigilance Department who shall pass such orders as may be deemed fit, An officer of the Directorate of Vigilance may, if he considers that the evidence in respect of such corruption or misconduct may be lost or tampered with if immediate action is not taken, take such action as he may consider necessary, pending receipt of orders, but shall forthwith report the same to Government.
5. It will continue to be the responsibility of all Heads of Departments and their responsible officers to take all necessary steps against corruption and they are expected to keep constant and vigilant watch over their subordinates. The creation of this Directorate does not relieve the Heads of Departments and their responsible officers of these duties and responsibilities. These officers as well as District magistrates and superintendents of Police shall render all necessary assistance to the officers of the Directorate of Vigilance in the inquiry conducted by them in the cases referred to them. Officers of the Directorate of Vigilance making an inquiry will have access to all official records required by them for the purpose and the Head of office
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or Head of Department to which such record appertains, shall furnish such record and give all assistance in such inquiry to the officers of the Vigilance Directorate.
6. All complaints received by the Vigilance Commission will be passed on to the Directorate of Vigilance and those received by the latter either directly or otherwise except those which prima facie appear frivolous, shall be forwarded to Government in the vigilance Department with or without comments of orders of Government.
7. Complaints received in the Vigilance Department shall be examined by that department and any of the following action may be taken:
(a) If the complaint appears prima facie frivolous and no further action is required the papers shall be deposited, No notice should generally be taken of anonymous and pseudonymous application and they shall be deposited forthwith.
(b) If facts pertaining to a complaint are already available with the Government, the complaint may be examined in the light thereof and a decision taken regarding further action.
(c) Where an inquiry is considered necessary the complaint will be referred to the Directorate of Vigilance for inquiry.
8. The Directorate of Vigilance will furnish to Government in the Vigilance Department reports at prescribed intervals on the progress of the inquiry and shall, when inquiry is completed, submit a detailed final report embodying its conclusions. Draft charges should also be sent with each report in which action is recommended. The evidence regarding each charge as also an abstract of the evidence proposed to be tendered will accompany each charge.
9. Government in the Vigilance Department will examine these reports and decide whether the cases of a delinquent government servant is to be sent to the court for trial or should be referred to the Administrative Tribunal or only departmental action should be taken.
10. If it is decided to send to case to Court, a report in writing shall be made to the police having jurisdiction in the matter for regular investigation.
11. Government in the Vigilance Department will follow up progress of cases in which further action is proposed to be taken as in paragraph 9 above, Administrative departments shall furnish to the Vigilance Department reports at prescribed intervals on the progress of inquiry in each case in which departmental proceeding are instituted.
12. The Vigilance Department will consult the Minister in Charge of the department before an investigation or inquiry relating to an officer of his department is entrusted to the Vigilance Department.
13. All cases in which inquiry through to Directorate of Vigilance is desired will be referred to the Chief Secretary to Government who will thereafter take them over in the Vigilance Department.
14. The Director of Vigilance and the Vigilance Commission may take the initiative in prosecuting persons who are found to have made false and frivolous complaints of corruption or lack of integrity or other malpractices, against public servants.
15. For the present the Directorate of Vigilance shall normally undertake inquires only against gazette officers. Wherever considered necessary, Government in the Vigilance Department
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any entrust inquiries against non-gazetted staff also to the Directorate of Vigilance. Generally, however, inquiries against non-gazetted staff will continue to be handled in serious cases by the present Criminal Investigation Department of the police and for that purpose rules of procedure laid down in G. O. no. A-35-XXV/CX, dated January 17, 1949 will continue to be applicable and in other cases by the departmental authorities.
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