\

MAI\UAL
t_

DEE'AF.TNI^ENT OFt VIGII,ANCE

GC'VE,RNMENT OF
PUNJAB

20-4-19\93
L.

" ( STRICTLY FOR OFFLCE usE

].-e O!{LY )

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MANUAL

t DEPARTMENT OF VIGILANCE
f
I
GOVERNMENT OF PUNJAB

20-4-1998

( STRICTLY FOR OFFICE USE OIIILY )

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Preface ,1
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The punjab Govcmmcnt set up thc
Vigilancc Department in
1967' Thc vigilance commission
which was firnctioning earller was
Thc Special Enquiry Agency, the investigativc
aborished.
,I
wing was christened as vigirance .'l
Bureau and placcd rurdcr the direct
control of the Departmeat. 't *

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Thc Manual for thc Dcpartrncnt
was pr€p&red in 1967, Thc
:lt I
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objectivcs and functions of thc I
dcpartnent wcrc dcscribcd. It t
contained few I
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instructions and was completcry I
silent on thc procedurc to be t
forowed in the I
depafimert. However it describcd ,.1
in detail thc procedurc for dcpartnental
action.
I
Abnost all the instructions of \1
the departmcnt havo bccn issued
in
t
1967 0r thereafter' A well trefincd I
procedurc is now bcing forowed :
for dearing
with thc compraints' punjab punishmcnt
and Appeats Rulcs have
bccn separateiy 'l
framed for dcparhcntal action
by the D€partmcnt of personnel.
There is rinlc I
-frstification for incorporating
thcm in thc Manual of this Dcpartment.
{ Thc
g154rrrt 9f 1962
1 is tbcrcfore hardly of any use
and its revision has become
lnpcrativc.

,<-=-j_--\
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revamping of thc dePartrnent
The government is contemPlating Suggestions fo

The matter is under consid€ration

of a
with a view to making it morc cffcctive' The instnrction

the Chief Secretary and having Principal

high level committee heatled by
as members' The working
of the
senior ofEcers
Secretary Vigilance and other
held on 18-
came up for discussion beforc the Cabinet in its meeting They have been
Department
was not
Ministers fert that the present working of the Department finalisation ofpr
3-l9gg. Some
to the
were delayed causing harassment
very satisfactory. The vigilancc enquiries
prepare a
Departrnent of Vigilance should
employees. They desired that the
be takcn to Cabinet
rcorganisation' ahg mx(g1will 20-4- 1998
comprehensive proposal for its

by the committee' Chandigarh

once the proposals are finalized

and insttuctions of the

The flinctions, set uP , Procedure

and
in the Manual' It is a self contained
departsnent have been summarized
is to
It is meant for office use only and its
objective
comprehensive document'
rri-
systematic manner' lr-
the departrnents handle the cases of comrption in a
helP
overridc or bye pass m
contained in thc Manual arc not intended to
instnrctions
law or justice'
any way the normal procedures of administration'

in
department have b;en explained
Functions and set uP of the
The
Il in detail the procedure followed in thc dePartment'
Part - L Part describes

has been comparcd with thc

Central Vigi
frmioning of the departnent
Bueau of Investigation in Appendix
' I' The number
Cmissiod and lhe Central

of court cascs is given in Appendix - II'

d aquirics and thc success ratc
 ent
I Suggestions for strengthcning
the department are conrained in Appendix - III.
,fa
The instructions issued from time
to rime are contained in Appendix -
pal IV.

the
Normally Appendix I,
1S-
II and III are not included in the Manual.
They have been included in rhis
draft manuar. The manual wi, i
not be finarised aIler
finalisation ofproposals by thc
high level committee.
the

:ea

,lnei Sug'it Singh IAS

20-4-199S
Principal Secretary Vi gi lance
Chandigarh

rhe Satish Chandra IAS

and ; Speciafsecretary Vigilance

is to
,l

l^- Jat'

$s rn

red in
1+

'1"
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 lmportant t

Contents
O.tc

Page
,111167 Enquir
tho Cl
SET UP OF
PART.I : FUNCTIONS AND
I I r u9/ 67 Establ
VIGILATiCE DEPARTMENT jurisdi,

Et216E Functi
3
1 Establishment
r/d68 Eradic
? par6ll(
2 Objectives
,Gove
4
3 Functions 2'll5n1 Misus,
5
4 Set UP of the DePartment
515ns rl9- p,
5
I Administrative Wing lnvoslr

6 915n8 Policy
II Vigilance Bueau vigilan
9 Class
ilI Commissioner of Enquiries Gover
Oftico,
10
fV Chief Vigilancc Offtcer 11nnd No pa
pl'o3ol

y1t 9 Comp
Denut

13
DEPARTMENT
PART U. TNSTRUCTIONSOF THE 19l4ng Misus

15
lgl0ng Poticy
I Jurisdiction Bortier

18
2 Procedure 21nzng Adnlir
18 t€nd (
3 Sourcc RcPort
( PE/RE ) 19
4 Pretiminary / Rcgular Enquiries 10/1/80 Ce,lrfr,
2l
5 D ep artmental EnquirY

L
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-r7
6 Anon)rmous / False Complaints

11
7 Trap

8 Raid 23

9 Criminal Case 23

l0 Sanction for Prosecution 23

ll Vigilmce Clearance 21 I
{'
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t2 Miscellaneous 24
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APPENDIX -I CVC AND CBI t7

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I Central Vigilancc Commission 29

l. Composition 29

2. Iwisdiction 29

3. Functions 29

4. Rolc 30

5. Procedurc 31

a
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n 2 Punjab Vig Dcpt rnd CVC 31
It
* 3 Ccntrel Brrcru of lnvcstigation 35
._{f,
qh
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 .{.PPENDIX - II \\,ork Loed 37

r vB/vD 39

2 Conviction Rate 39

3 Commissioner for Enquiries 39

-.{PPENDIX - III Suggertlonr for Strengthcnlag

the Deprrtment 41

Copisancc of Complaints 43
A
2 Sct Up of VB - Multidisciplinary Body 41

3 Jurisdiction 46

Posting of Ollicers
46

5 Technical Ofliccrs
47

6 Source Report
17

Surprise Checking 48

E lnquiries 48

9 Criminal Cascs / Santtio for pr,orccution 19

l0 Trap
50

n, Disproportionatc Asscta 5l
t2 Chicf Vigilance OIEccrr 52

l3 Prcrcntivc Actioa 53

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l1 Dctection 54

15 Delay 54

Appendix - IY IDstructlotr3 of tie Departmenl 31

See next prgc

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lmportant lnstructions of the Vigilance Department

Subl6ct Pag6
Ortc

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of 61
3r/1/67 Enquiry against IAS anrt PCS officers only with thc approval
tha Chief Secretary in th€ Oepartment of Personnol'

E2
1A9/ 67 Establishmsnt of Vigilanco Oepanment. Sot UP, functionr and
iurisdiction dofined.
68 I
tiz6E Functions of Chi6f Vigilanc6 Officors and Vigilanco Officars
t

70 I
€/68 Eradication of CorruPtion :VD to onqulr8 agalnst NGOS, No
parallcl snquiry by the AD if VO soized of tho mstler
,Go"".rent p",rission for raids on AIS oflicers 6nd HODs
7S
2r.fgll Misuse of government vehiclss

t a

78
!3nl llgpqdDlnquiry by th9 AD if tho matlor i3 undar
lnvcstig atlon in ths VD

93r/E Policy and procedure relatng to Vigilanco enquiry tnd 80

vigilanco cases: VD to concontrate on GOs, VB can arrest
Class ll ofiicor in trap casos, RE/FlR against GOs with
Govommont p.rmission, VB cen reid th€ rosidonca of Class ll
Officcrs.
llnne No parallel €nquiry by tho AD .t the timo of granl ol 84 i

pros6cution

86 I
3fln9 Complaints against lho golica ofr1cor3 of VB to be rofoncd to
Deputy Commis3ionof! br reporl

88
t9r09 Misusa ol govomment vchlclos

l$loftg Policl and Procedurc :Jurhdicuofl oxlsnded to Aulonomous 92

Bodies and CorPorations; NGO',;

95
t
2ln2n, Administrativo departmsnt! 6sked to maintain registets and
s€nd quarterty roports to h€ Vigilancs Dopartment'

102
tofl/80 Cartificate of lntegrity for Promotion €tc.
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11r..E3 Monitq
103 qmcen
the scrutiny of vigllance
20r&80 Expedit'Dus disposal and streamlining
ca ses 23't33 Routhr
Challans'six 105 vigilanc
Uf IT4 Tine Limits : PE-one monthi RE' six monthsi
rnonths
under investigation in 108 2!rl 116.4 Appoinl
251J30 No parallel enquiry by the AD if matter
ths vO
visit : Class I and 110 ryt 1/E4 No para
7lr o,eo Vlg anc6 clearanco : Promotion and Foreign prosecL
ll otficers
112 20t/66 Senctix
to record rflidavit from
.

52ft Sqrrce Reports : lnitiation Thereof- VB if the i.f

;;;p;:;;t. Action be initiated asainst iho offic€r
.i,"gi,*. in his source reporl are found to bo
false
a fita7 'itt -o"p"
toM. ,
making 114
Action under section 182 and 211
lec agahst Persons 21t6lE7 Officersj
!?/'t't
wild and baseless allegations
yT tat
11 7l No Para
2ratlt fime Limits : PE - 2 monthsi RE - 6 months for p_-rox

r911/87 Govgrnn
120 traps an(
\'Yorking of the VB- VB to look into
Guidelines lor improving tho Otficers ,
21nlg1
L."" brirnin-"t oft*""t and moral turpitude' I
"tlt*t.'
rlra6I Sourcs F
124
departmental action
21nla1 Vigilanca Oepartment to refor caso of Source.F
.gilliAir^ib Scrvicc of{icers to respcctivo dcpartments sP. I

J1 ,ul l2l3/E 8 Sanclion

and such complaints wlro refui
1aut2 No cognieance of anonyrEus @mplaints
reaso{r.
.r. to bo de.troyod and flled
7na8E All compi
: lt can be withheld only ,ral officers re
4]8112 Effcct of RE/PE on promotion/pcnsion
i i:l",oi o*n put up or Chargesheot has been seNed(
n"" AD.

lsBued bY oOP )
zuf 189 Don't entr
the lO(V)
15ru83 Expedltious disporal of DE pending with
7r1,9'l grex Coa
1201
l5rus:l VB can rcgister RE against Cla3s ll Otlic€r
?4nF1 VQ to sanr

No arallol en thi AO at the time of g rant of sanction of

t!='}' vI

Municipal 132
Enquiri6s against Sarpanches, Panches and
Commrssioners mt to b€ don€ by the VD'
 1

r r/1,E 3 Monitoring the working of Chief Vigilanco Officers,/ Vigilanco 133

103 Ofiicers
!

23t,83 Routino complaints against GOs to be r€ferrod to AO, No 136

105 vigilance clearance for promotion casss. I
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108 8fi1/84 Appointment of CVOS 139

110 ry11/E.l No parallol enquiry by the AD at the timo of grant of sanction of 141
prosecution.

112 2!yEE6 Sanction tor prosecution - AD not to hold any parallel enquiry 143 i

,l
2lt1t87 All departmsnts askod to entrust Ooparlmental Enquiries to 144
ro(v).
114
2,d6187 Ofiicers to bc associated with th€ enquiries that is pE/RE 146

117
YlllT No Parall€l En tho AD at the time of nt of sanction 148
for prosecution

19/11/E7 Govqrnmcnt permisEion roquired for enquiry, arr€st, laying of 150

120 traps and conducting raids on tho residonce of class-ll
Oflicers of Major Hydro Etectric and inigation proiects.

11t?J68 Source Reporl: The instructions dated 5.2.81 relterated.

124 151
Source Report against class -l Oflicorc to b9 verified by thi
SP.

.r
)1 25 z916 8 Sanction for Prosecution-action to be taken against officers 153
who refuse grant of sanction for prosocu on without any valid
reasoo,

TnasE All complaint against NGOs, comptaints against gazetted 155

126 officers relating to violation of rutes to bo looked into by the
AD.

21n l8S Don't entrust Departmental Enquiries to lO(V) 158

127

7nl91 Apex Comminee decids that all complaints be sent to AD. 160
129

23nnl VB to sont alt complaints to VD and VD will send all 161

130 to AO. Vig nce Enquiry to be registered only if AD aske.

132
 if the 163
t not to initiate any onquiry
513t92 Adminis trative DeP admen
matter is under inves

'165

Limit: PE'4Months'
RE' 1Year
5,3192 Time

167
the CS in tha
againsl IAS/PCS only with approval of
2815192 Enquiries
Degadment of Per8onnol'

169

6r',r,94
ff 'ff :':::,1":il*',HilI"lll-L';';'o"J:l""*san.,on
sanction to 173
nor t: qll:-Tf::,::,to
28/4/98 Administrative depadments
[r"l n,n. after intiation
of vigilanc€ enqulry'
"^o

FI-INCT]

VIGILA

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FTINCTIONS AND SET UP OF

t
VIGILANCE DEPARTMENT I

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1 Establishment: .'t
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The anti corruption set up in the state rvas established in 1955: At that I

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time Punjab State Vigilance Commission and the Special Inquiry Agency were l
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sct up. The Vigilance Commission .,was subsequently abolished on i

llti/1967. The vigilance department came into being 15/9/1967 and the I

Special Inquiry Agency was brought under its direct control. I

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I Objectlves I

The principal objective of thc vigilance depaftnent is to help various t

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acparfrtents in taking spccdlr action in cases of comrption. Thc primary i

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._t mponsibility for checking comrption is that of the administrative department.

L

I has been observed that administrative departrncnts are somctimes

l
krrricappgd in dealing with cases of comrption in their department. The

dcpartnental officers tend to be protective and sympathetic to their colleagues.

fbere is therefore need for an impartial and unbiiled organization. There is

& need for ensuring uniformity in matter of detection, punishment and

d--ling with problern of com:ption in general. The vigilance departrnent was

#l- * as an gxclusivc antl independart body to look intb the complairits of

I taruption against the employccs of the state. The vigilance departrnent has

given concurrent prcwers with all the adminiskative departments in

:'.tters relating to coruption.

3
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(i-)
3 Functlonr I
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The main function of tho departnent

is ts udetake or cause an C
l.
the public
to be made into any complaint of comrption against P
investigation
o
s€rvank in the state'

vigilance alepartment has been carferred

{oncurent powers with n
2. fte
to comrption' The departnent exercising (v) A
other departnents in mattsrs relating

dated 15-9-67) : (i.

(
this ooncurrent Power can instructions
(ii

done from the vigilance

(r) itsplf conduct an investigation or get it
the employees'
bweau into complshb of comtption against

the employees of. 4 Set up ol

(ir) initiate deparf.rpntal sction and punish

strtc govemm€'Dt dsParftients '

oiminal charges' The preser

(iii) order prosecution.of the ernployoes facing

(i) Ad

3 As per Allocation of Business Rules the

depaftment of vigilance (ii) vrl

been allocated 0re following subjects:

(iii) Co

(iv) Chi

(r) All mattcr conccming general vigilaocc and procedure'

(ii) Al[ policy mattcr relating to comrption among

public scrvants' I Admlnist
{-
in D'
(iii) Coordinstion of work rclatiog to vigilancc vari

de,partrrcnts. The Adr

dcpaucat He is ;

4
 (iy) All matters relating to cases of bribery, comrption, personal
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immorality, misuse of public fund, loss caused to govemment
I

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departmental or procedural irrcgularities and the like on the

parts of govcrnmcnt employees and public servants dealt with

or otherwise taken cognizancc of by the department of

vigilance including cases of appeal against acqu tal tn cases

irh relating'to the vigilance Bureau.

ng (v) All maner relating to :-

i

(i) the cstablishment ofvigilance bureau;

(ii) setting up ofLok Ayukta or Uplokayukta. I l

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the .{ Set u| of the Department

The present set up ofthc vigilance departnent is as under :_

() Administruivc Wing l

has (ii) VigilanceBureau:.thclnvestigatingAgency

(iii) Commissioner for Enquiries

(iv) Chicf Vigilrncc OIlicers in different d€partments

ts. I Admlnlstrrtive Wlng

lous

The Administrative Wing is hcaded by thi Minister in Charge of the

t
dcelrtrn€nt. He is assisted by prircipar s€crctary Vigilance,
Additionav Joint
5
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staff' Bosides Joint Directot and
other Secretariat
Secretary Vigilance and 3

also posted in this wing

by the departrnent of
Deputy Director Legal are
4
matters' Section
They tender thoir advice on legal and other .A
Prosecutiou. 5

,officer Finance d€p'rtrnent assists

in accounts matters. The
from the 6
policy natters' to order
functions of the wing are to decide all
important
of the bureau-'and the
and pass final ordos on the enquiry reports
investigation

Commissioner of Inquiries' 1. Econo

II Vigilance Bureau ( VB )
The gr

bureeu to che<
by Chief Director vigilance bureau'
l. The vigiiance bureau is headed
composition o
the headquarters he is
thc rank of DGP/ADGP' At
He is a serdor IPS offreer of I
IPS offrcers' Vigilance
Joint Director who are also
assisted by Dhoctor and 1
Moga' Mukatsar and
posted in every district except
units headed by DSP are
3
'Officers Patiala' Amritsar
Nawanshahar. of SP rank are posted.at Chantligarh'
working under
and Jalandhar for coordinating
tfre work of the vigilance units
5. 016cer
them.

its reports to the The of

and submits
2. The bureau conducts investigations
to catch the to gui
It also Iays treps and conduct raids
in order
government.
pcnaining to tl
ernploYees tahing bribes'

3. The srength of thc stall is :

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I Chief Dircctor Vigilance Bureau
6
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2 Director Vigilance Bureau - I

3 Joint Director VI] - I

4 Supcrintendents ofPolice - 7

5 Depury Superintendents ofpolice - 2g

6 Inspectors ofPolice - 46

7 Sub Inspectors - l8 i

Economic Offences Wing :

Thc governnent created Economic Officers Wing

in the vigilance
torcau to check the rising number ofcases
of embezzlement, faud etc. The
cmposition of economic offcnces wing is
:

1 DIG. I

) SP. 1

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3 DSP.2
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5- Olficen from other deprarbnents :

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The officers of the following departments
are posted in the vigilance

kcau to guide the investigating officers in regard

to tcchnical matters
to their dcpartments:

I Deparunent ofprosecution
i
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Joint Director Legal I

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Deputy DA ' 2

basis
) Irrigation DePartment

- 6ir ir mt thr
Executive Engineer 1

dcpart
Sub Div Engineer - 1

J Public Works DePt ( BR )

III Cou
Executive Engineer - I

Sub Div Engineer - 1

t
Thc k
4 Public Health DePartment
to
Sub Div Engineer - 1 :
I
Etnroods dg
5 Revenue DePartment
hn 34ye.
Tehsildar - I j
Officr
6 Excise and.Ta:ration Department
Eryiries.
Asst Excisc and Taxatidn Commissioner
- 1

'l Industries DePartrnent

Thc gi
Dist lndustric's Olhcer - I i

el
8 Food and SuPPlies DcPartment '
cs and q
Dist Food SuPPIies Controller - I

9 Coopcrativc DePartrnent
The go1
Dist Rcgistrar Coopcrative Societies -'1
rantirris!2glyg
10 Hcalth Deprr$cnt
€*a€as EaJ
.:,' i.
':1
, Scnior Mcdical Ofhccr' 1

,,:i,.
j:l
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.l_.i OfEcer,'i
,.,1

i:. 6. Except for tirc offrccrs mentioned in para 5 alove thc othc'r cmployees
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.:. ( of instnrctions
rre ftom the police departmcnt. As per instnrctions Para 48) rll
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ii ::

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 l*i7 ) appoinunent of officcrs to thc bw€u are to bc made on

basis subject to the concurrcncc of the vigilance department. However

u thc practicc and all thc offrc.ers especially police officers are posted
i

Ls comcmed without any consultation with this department.

Coamlssloncr fm En qulrles:

t
The kquiry Officcr Vigilencc conducts regular departmental enquiries

to him by thc vigilance departnent ( para 2(5) and 2(6) of

dated l5-9-1967 ). He used to-bc a middle lcvcl IAS Officer. But

9 ycars the govcmment has becn posting a secretary rank

officer as
Officcr and this post has becn rc{esignated as Commissionet for

-f=:5.

Tbc government vide instructions datcd l-6_196g dccidcd thar

enquirics against gazetted offrcers bc rcferred to Commissioner

i

and against others to the adminisEative dcparuncnts.

Tbc govemmcnt vide its instructions datcd 2gll/g7

askcd rll thc
ve d€gstncnts that departncntal cnquiries against gazerted
mry h enrnsred to Inquiry Oflicer(Vigilancc). Inquiry

) is an irdependent and specialized agency. Thc idea is that

Officcr Vigilancq who is an hdependent and expcrieoced

ofE€lr aDd

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who has requisitc stalf wi[ bc in becor posilion to dcal with regular
It
departmental enquiries.
t
(3) r,
4.However,thegovcmmentvidcitsinstn.lctionsdatod24/7/89askedall
fa
with
the administrative departsncnte that sincc lO(Vigilancr) was burdened (4) T(
large numbcr of Enquirics no further enquiry should be entrusted to thc
to

IO(Vigilanco).
tir Tc

vu

S.AtpresentexceptforafewcasestheCommissionerforEnquiriesis (6) To

conducting enquiries refened to it by the vigilance department '

the

(A To

IV Chie( Vigilance Oflicers orc

pro

l. The government vide its instructions dald 1519/67 provided for (8) Tc

nomination of a senior ollicer as chief vigilance officer in every deparment. vig

He was to be nominated on the advice of the vigilance department ' It was
I
also provided that the assessmenr of Chief Vigilance Offrcer will be done by
2 Thc go'

Sccretary Vigilance. The government vide its instructions datet 812168

defined tho functions of Chief Vigilance Officers. The functions can bc and i

summarised as follows : vigfikrce dq

(l) To keep an eye on comrpt officers of the dcpartment and preparc a

list of such ofEcers, Passing information about such officcrs to thc

s
by thc Chir

vigilaoce departm€nt; Vidc ins

instructiori
l0

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(2) Monitor the cisrs of departnrental action and prosecution against

the ofllcers of Sre department;

(3) To check and review the procedures and plug loop-holes rvhich
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facilitate comtption;
fi
(4) To providc assistance regarding departmental rules and procedure
le
to the vigilance bureau;

(s) To refer difficult arld complicated cases of the department to the

vigilance department for investigation;

ts
(6) To scrutinise cases of compulsory retirement of comrpt r:fficers at

the age of 55 years;

(7) To scrutinise the property retums of the government servants

in
order to detect comtption or uffeasonable accumulation of

property
or
(s) To act as liaison officer benveen their own department
and the I

lt. I

vigilance department. I

as

by
Thc govemment vide its instruction Cate lilll0/79 asked
all thc
68 I
l
ts to maintain a register indicating complaints
received against their I
I

be
and action taken thereon.
euarterly report were required to be sent
I

F vigilance department by the ariministrative

departments about the work l

by the Chief Vigilance Officers. l

he I

Vidc insfuctioos dated l4l3/93 rhe.vigilance department

rcitcrated
i
inshrctions and asked aI the departments and all
the Chief Vigilance
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t
ebout tre work rlonc by them
to the vigilence f-
offrcers to send regular retums T
T
and 6/1/t994
i nstructions wer€
egam issued on 29tl1l&4
department. Similar I
t
of the instructions'
but there is little compliance

with the Chief

vigilance department is to hold regular meetings
4 Thc

( instructions dated 7'12 1988 )'

Vigilance Oflicers

n
v
 I
I

I
I

I
I

PART II

INSTRUCTIONS OF THE

VIGILANCE DEPARTMENT

I
I
I

I
i

I
I
 Jrrbdiction
I
i

Corcrrrent Powers
I*
h Estters pertaining to comlption the vigilancc dcpartncnt exertises '
powers with all the administrative departments. It can order

initiate departmental proceedings and sanction prosecution by

of these powers in respect of employees of all state government

( instructions dated l5-9-1967 ).

Jwbdiction

Tbc jurisdiction of vigilance department was originally restricted to

Crovemment Employees and mernbers of All India Service ( para

instructions dated 15-9-1967 ). However, it was extended'vide

dated l5tlOl79 so as to cover ernployees of autonomous and

bouds/corporations and Improvement Trusts. At present all the

covered under Prevention of Comrption Act are subject to its

That means employees of all the organisations and bodies

tonds fiom the state govenrment.

lilo jurisdiction l
,I

Tbc Ministers ctc., mcmbers of Judicial Services, staff of Assembly

hjab Public Scrvicc Commission are not with in the purview of the

dcpartment ( Notc III para l@) of instructions dated l5-9-1967 ).

r5
I

Enquiries against political leaders are to be referred

to the Home o

atepartment ( instructions dated 2l-7-1981 )' to tb

Complaints against Panches, Sarpanches and Municipal

Commissionersshallnotbclookedintobythevigilancedepartrrrentandthey t5-g47

shall be rcferred to the administrative departments ( instructions dtted 22'2'

le83 ). 1468:

It is clarifieil that the jurisdictions has been barred for administrative

cOnvenience through instructions and there is no statutory bar against enquiries 95-78 :

against the employees ofthe above departrnents.

15-10-79

' Type of cases

4. Vide insruction dated 2ll7l8l it was decided that following qpe of

case should be looked into by vigilance bureau and the remaining case should
I
be left to be lookcd into by thc conccmed administrative departnent :

l. Assets disproportionate to the known sources of income. 23-5-83 :

2. Allcgatiors constituting offenccs undct Prcvention of Comrption 7-r2-88 :

* Act and under Sections 161, 162, 163, 164, 165-A'166, 167,168,

169, 170, 17114091420,467, 488,471-N4771120-B of thc Indian

Penal Code.

3. Allcgations of moral turpitude. AD nc

Ihe ac

5.
para
Gazetted/ Non gazetted

4 above against non

oficen

As pet latest instructions all mmplaintr

gazctted
r6
olfcm
Gxccrpt of t)?e mcntioned in

rad. complaints involving r -.^ich

extend
 ons of the instructions and rules against gazetted officers rvill be

to the administralive departments.

ral The position over the years has been as follows :

cy li'9-67 : Vigilance departrirent to look into complaints against

gazetred officers only and not against non gazetted omcers'

1668: Complaints against non gazetted ofhcers also to be looked

ve lnto.

95-78 : \rigi'lance department to concentrate on complaints against

gazetted officers.

t5-10-79: vigilance departrnent to primarily deal with the complaints

against gazetted oflicers but allegations of

",
I disproponionate assets and criminal nature against non

uld gazetted officers will be looked into by the vigilarrce

depanment.

21'5-83 : vigilance department to concentrate on GOs.

ion 7-12-88: All complaints against non gazetted officers and

68, complaints involving violation of instructions to be

ian refened to administrative department.

AD not to hold enquiry if VD seized of the matter

!l
The administrative department should not hold an enquiry into the

which is being probed by the vigilance department. The departmenr

lin extend full cooperation to the vigilance depanment. This is necessary

,ing

t1
I

,
 by the tWO dsOafments !
ro avoid a.,y possibilitv of conflicting conclusions
6-l -9 4)'
( instructions dated 1 -6-68, 5-5-78, 25-8-80' 5-3'92'

{
I

2 Procedure
t
I
i
I
I
from three different
I The action by the vigilance department originates I
i
I
sources: I
I
or from rhe vigilance
1 Complaints received directly from the people

bureau

2. Reference from the administrative departments

3. Source Reports ofvigilance bureau

The vigilance department deals with the complaints in

the following
2.
manner ( para I (B), 1(D) of instructions dated l5-9-67 ) :

l. Forwarded to the administrative department'

2. Ask the vigilance bureau to investigate the complaint after

registering preliminary or regular enquiry or a criminal case'

.3. To hold itselfan enquiry by taking evidence'

I
3 Source Report

I Vide instructions dated 5/2/81 it was provided that :

L The offrcer making the source report will verif the inforrration by

making secret en9utn"..

,,
 E-_---_--_------
T
t

itenls
2. Ifnecessary he will obtain an affidavit from the informer

3. Action rvill be taken against the police officer if it is established

that the source report was prepared with ulterior motive.

The above instructions rvere reiterated vide circular dated I l/2i88. It

firrther provided that source report against class-I Officers would be

bv the SP

;ilance Strangely there is no provision for taking the vierv point of the olficer

d€partment either at the time of preparing the report or before taking

j[, of it.
*

1 Regular En quiries/Prelimin ary Enquiries

lorving

There is no difference between a regular and preliminary enquiry.

re basically fact finding enquiries. A preliminary Enquiry is to be

'lt after with in 4 months and an regular Enquiry tith in I year, as provitled
ttc instructions dated,513/1992. Extension for a period for 2 months is

by Secretary Vigilance and extension beyond 2 nronths by lhe

incharge. Originally the time timit was I rnonth for prelirninary

and 6 months for regular enquiry( 4/7lBO). It rvas increasetl ro 2

and 6 months( 2117/81)

ration by

l9

lr
 Lllet
Pernissiort Ior PE/RE
the .{s
datetl 9/5/?8 vigilance bureau requires
2. As per the ilstructions
against
for preliminary enquiry/regular enquiry
permission of the govemment
corE
bureau can register
Vide instructions dated l5/2183'vigilance
gazetted officers'
but for Class-I
enquiry against class-fl Offrcer'
regular enquiry/Preliminary
only with the
enquiryipreliminary enquiry can be registered
and above regular
Dep
approval of govemment'
and 28-5-92 it rvas stipulated that
Vide instructions dated 31-1-1967
L The
offrcers can be initiated bY the vigilance
Enquiries against IAS/PCS
quiries wl
of Chiel Secretary in the dePartment of
dePartment onlY rvith
the approval -#
.rtereas the
Personnel.
nd tle allegalir
in its meeting held on '1l1l9l 231'1191
The Apex Committee
(:rs€ rs regrs
departmens and
rvill be sent to administrative
decided that all complaints
initiated.
if the administrative departrrent so desires' The
only
enquiry will be initiated

started sending complaints to vigilance deP artsrent. At

vigilance bureau
of the vigilance L Eqr
all the enquiries are initiated on the orders
present
rssigned to
dep artn l elrt
dministrati

view
in the instructiirns dated 2416187 thail the
3. It has been stipulated
Cast
during investigation
against is to be obtaincd
point of the officers conrplained
referred to ,

of enquiry.
Forest sincr

z0
 T

Efect of
PE/RE on promotion/percion
F
F _ .* per insrrucrions dated Atg/g2 registration of regular
ftpr"r.,,*"* enquiry will iot affect promotion/pension cases unless the
p **.-.a has becn chargeshected or challan has been put up in the
B.*
' .:!
Departmental Enquiries

The depanmental enquiries are different from preliminary and regular

which are as explained in above para basically fact finding enquiries

the departmental enquiries are ordered as a result of chargesheet.

Il
dlegarions are proved in preliminary or regular enquiry either a criminal

is regisrered or departmental proceeding in the shape of a chargesheet is

ig;a:rd.

Enquiries againsr gazetted ofticers arising out of vigilance probes

are

to Commissioner Enquiries. For others the case is refened"to the

ve department ( instruction dated I -6-196g

).

Cases of depanmental actibn against All India Service officers are

to the concemed depadments that is Dept of personnel, Home

and

since UPSC is consulted ( instructions dated

2l-7-19g1 ).

2l
6 Anonymous / Fslse ComPlaints
}J

.t:-
is
L As per latest instructions dated 12-4-1982 the vigilance department
* -*=:
and the
not to take cognisance of anonymous and pseudonymous complaints

same are to destroYed and filed.

Earlier ( note Il para 1(D) of instructions dated 15-9-1967) it was

of
CrL
stipulated that vigilance department normally would not take coglisance

anonymous and pseudonymous complaints'

B
2. The complainant should be asked to give aflidavit in suppofi of his
E
€as€
allegations. If the allegations are on enquiry are found to be baseless' the

vigilance bureau should file a complaint under section 182 of the Indian Penal
Src&
Code ( para 2(10) of instructions dated 15-9-67 and dated 5-2-1981 )'

7 Trap
t&

Vigilance Bureau can lay trap on officers upto class-Il' For classl and in

above the trap can be laid only with the approval of govemment as per be

instructions dated 9l 5178. a

ft on

- - -S n- rl

A" p." ioS

*rrinistn rive (
22
E ,!

Rrid

As per instructions dared 9/5/78 vigilance bureau can raid the residence
E
upto Class-II. For Class-I and above permission of govemment is

Criminal Case

Vigilance Bureau is competent to register a criminal case against non

oflicer. Permission of government is required for registration of a

qrse against gazetted officers as per

instructions ddted 9/518.

I Stnction for prosecu tion

As per instructions dated 4/7/80 challan shalt be put up within 6

The instructions of 6/l/94 stipulate that sanction for prosecution is to

with in 20 days by the administrative department

h has been provided that authority granting sanction for prosecution

Et hold any parallel or field enquiry but he rvould satisfy himself from

ffi
da'[ed

,*,ffifiil;:H;;;* ""'*"i'ns

As per instructions dated 9/5/78 the vigilance bureau can u,rite directly

ve department for grant of sanction in respect of non gazetted

23
 F.:
t:
F"

officer. For Eazetted officers vigilance

depa,tment wiiivlnte to
adminishrtive
.!{.!..!.!i: qj.ai i '
department.
1<_:-i;-- ,

4. Refusal to grant sanction for prosecution

without sound reasons by the
Misu
competent authority will invite stringent disciplinary action ( instructions
Saict
dated l2-9-t 988 ).
lFerIJ-lent

{:rr"elin-r a
ll Vigilance Clearance

Vigilance clearance was made mandatory

for promotion, empanelment,
retirement and deputation on foreign service
in respect of gazetted officers by
the instructions of 7-lO-19g0. The instructions
were partially modified on 23-

5-1983 so as to make the clearance unnecessary in cases

ofpromotions.
At present the clearance is required at the
time of retirement and for
foreiga training and deputation.

12 Miscellaneous

L The vigilance department can advise

the administrative department in
the matter of blacklisting of any
firm which might come ro its adverse
notiee
during an enquiry ( inskuctions \.-.j;
dated lj-9-1967 ).

2. The department ban advise the

administrative department about
plugging of loopholes in
any practice or procedure followed
in the

&-+ - =
,hve
ve department allowing scope for comrption ( instructions dated

967 ).

*lisuse of government vehtcles

ons
Srict action rvill be taken against govcmment officers misusing

vehicles. It rvill invite major penalty as in the cases of false claim

allowances ( instructions dated 2l-5-1971 and 19-4-1979

).

tr!t,

.bv

23-

for

1n

)ut

!c
25
 APPENDIX. I

CENTRAL VIGILANCE COMMISSION

*
.$iD CENTRAL BUREAU OF INVESTIGATION
I

I'
lr

i
I

2't
 I Central Vigilance Commission

I Composition

One man Commission headed by Central Vigilance

Commissioner. He
is appointed by president and can be remove{
by him after an enquiry by the
Supreme Court.

2 Jurisdiction

Employees of Cental governmenr, Uirion Territory, public

{hdenaking, Nationalised Banks. Ii normally restricts itself to Enquiries
Gazerted officers or equivalent
=dnst level oflicers of pubric Sector Units.

Functions

The functions of the Central Vigilance Commission are purely

and the final decision rests with the Competent Disciplinary
tdorin,.

Cenrral Vigilance Commission

looks into following types of cases:-

(i) Straight forward cases of corruption,

cheating, bribery,
misappropriation, fraud and falsilication
of records.

t9
 ,
iI
i

(ii) Cases in which the officer has tried to obtain agy pecuniary
(iY) to
advantage for himself or for any other person by abusing his
a[
oflicial power/authority.
ar

(iii) Cases of unbecoming conduct such as partiality, nepotism

(v) R
undue interest in a particular party, accepting lavish gifts and

hospitality.
5 Proced u
(iv) Disproportionate assetscases.

Action against false complaiats, disciplinary proceedings

(i)
resulting from purely administrative lapses like
c

insubordination, habitual late attendance, technical violation of

(
conduct rules, procedural lapses are not vigilance cases and as
- -(iil 'I

such do not come within the purview of Comrnission.

t

4 Role

Role of the Commission in promoting health among the public sen'ants

(iii)
is as under :

(i) to cause an invebtigation to be made into any act of a public

servant, causing comrption,.lack of integrity, misconduct;

(iD to consider the investigation report and to advise the

. t\ |
disciplinary authority about the type of procetdings to be
.'"
initiated( first stage advice);

(iii) to nominate a Commissioner for Departmental Enquiries(CDl)

to conduct an oral enquiry;

30
 (iv) to consider the report ol the CDI and advise the disciplinary

authority about the penalty to be imposed( second stage

advice); and

(v) Reconsiderationcases.

Procedure

O The Commission does not have an Investigating Agency of its

own. It gets fact finding enquiry made either from the

- dcpartmental Authorities or from the CBL

(ii) Where complaints have been received by the Commission and

the allegations arc specific, serious and veriliable including

anonymous, pseudonymous complaints, in those cases,

Commission calls for Investigation reports from the

departments ioncemed.

(iii) In serious cases where private persons arc to be contacted and

record in private possession is to be seized, in such cases CBI is

asked to register a case and send their investigation report to the

Central Vigilance Commission,

(iv) In respect of complaints which are investigated departmentally,

the departments concerned on completion of the investigation,

refcr the case for the Commission's first stage advicc alongwith

a copy of the complaint, the report of preliminary investigations

and provisional recommendation of the department.

3l

I
 I
(") If the allegations er€ investigeted by thc CBI, the ,irsl sragc I I

advice of the Commission is sought in two categories:-

. ' the CBI has recommended regular departmental action.

. the CBI has proposed prosecution of a public servant { \'r i )

(
and sanction for his prosecution is to be issued in the

name of President.

(
The Commission tenders its advice to the disciplinary authority

after seeking the comments of thc deparEnents on the report of

the CBl. If the sanction for prosecution is not issued in the

name of President, the CBI report is not sent to Commission.

However if the CBI and the department differ with respect to

grant of sanction for prosecution, then the differences are

resolved by the Commission and its decision is final. (

(vi) The type of action advised by the Commission at the time of

tendering its first stage-advice on the request of department or

CBI are :- (

(") Closurc of case.

(b) Initiation ofminor penalty proceedings.

(c) Initiation of major penalty proceeding and nomination

of Commissioner of Depanmental Inquiry (Oflicer of

cvc)

32

I
 (d) Prosecurion. If on CVC advice rhe Disciplinary
Authorir), has issued sanction for prosecution further
,
I
developments needn't be intimated to the CVC.

(rii) The second srage advice is obtained :-

(a) If CVC recommended minor penalty, and the

disciplinary authority does not propose to impose any of
rhe minor penalties.

(b) If the CVC had advised departmental action for major

peralty on thc r@rt of department/CBl, the regular

enquiry is entrusted to one of the Commissioner of

I
depanmenral Enquiries. The CDI submits its report
to

CVC who further advises which penalty is to be

imposed.

(c) If disciplinary authority is of opinion that the.

chargesheet deservcs to be dropped then
the matter is

referred to CVC before dropping the matter.

(d) In the event of there being difference of opinion

bctwcen the Central Vigilancc Commission
and the
department, the matter is referred to departmeni of
' Personnel(Govemment oflndia) and
its advice is final.

33
 H:
7 Centrul Vigihnce Commission vs
T*'
Punjab Vigilance DePartment

The functions of Central Vigilance Commission and Vigilance i,

department are more or less same but the procedure is entirely different' in

(D The Central Vigilance Commission does not have an

I' d
investigating agency of its own. It will refer the complaints
tr
either to CBI or thc department concerned for fact finding -
a
report. The Vigilance department has vigilance bureau as its &

invcstigating agency and can straightway ask the vigilance

bureau.to begin investigation after regisEation of Preliminary z

Enquiry/Rcgular Enquiry. o
(iD The advice of CVC is not binding on the department' The CVC n

has no powers of punishing authority. The vigilance (

department on the other hand enjoys concurrent powers of d

punishing authoritY. b

(iiD If therc is diflerence of opinion between the CBI and

departmental authority competent to sanction prosecution(

other than the President ) then the matter will have to be

refened to CVC for resolving the differcnce and the
Commission's advice in the case shall bc final. Unlike CVC the

vigilance deparhnent has no powers in regard to corporatiom

and other statutory bodies.

34
 3 Central Bureau oflnvestigation

I In CBI only two types of cases are registered i.e. preliminary enquiries

end regular cases. Prcliminary enquiries are usually registered where

information supplied appears to be doubtful yet definite onough to require

check. It is also registered when some cognizable offence is rhade out but if
prosecution is not considered desirable or not likely on the allegations or thcrc

.re some difliculries. That is if the nature of.allegation is such that only

departmental action is intended then a preliminary enquiry is registercd.

2 The Regular Case (RC), equivalent to FIR is registered if some

cognisable offence is made out and prosecution is intended. It cdn be

registered straight way or during investigation of the preliminary enquiry. The

CBI ascertains as iarly as possible whether prosecution shall be launchcd or

dcpartmental action will be recommended. A regular case is registered when it

becomet clear that thc case will culminate in prosecution.

o
 APPENDIX . II

\\,ORK LOAD OF
i
THE DEPART}IENT

1J
 Load of the VD :

Fcs€nt the details ofthe cases are :

With\B WithVD WithAD Court

n8 178 ll 89

550 333 22 193

913 314 5 570

n rate :

cases decided during 1996-97( Financial Year )

Total Decided Convicted Acquitted o/o

5l 13 33 26%

11 36 23%

32 5 27 16%

Load of Commissioner of Enquiries :

re 16 departmental enquiries pending with Commissioner of

of them 13 have been rcferrcd to by the vigilance department and

3 by Homc, Tcchnical Mucation and Forest departmcnts.

L
l
39
 t

APPENDIX . III t
t
I

.4.
ST.}GGESTIONS FOR STRENGTHENING

VIGILANCE DEPARTMENT

4l
 in thc functioning of the
There is tremendous scopc for improvemcnt
E
free from complaints' The
E**t. Thc working of the department is not
com'rpt officers to
t is not always successful in bringing the really

Sometimetheconductofevenwellmeaningofficersbeconresthe
are invariably delayed' The
of vigilance enquiries. The vigitance cases

are harassed in manY other waYs'

E,' The eovemment is conscious of these weaknesses

of the department
E of
to toning it up and making it more effective' The matter
$Ii, -*-inrd
Ex-io,ion of the department is at present under consideration by a

under the chairmanship of the Chief Secretary'

the department are

The points under consideration for streamlining

under suitable headings in the following pages'

I Cognlsance of ComPlaints

are to be destroyed
L As per present instmctions anonymous complaints

this is not the

filed and no cognisancc is to be taken of them' However

e and large number of enquiries are initiated on the basis of anonymous

cornplaints
mplaints. The department should take cognisance of anonymous

f$c allegations are serious and verifiable'

hesently most of the enquiries are initiated on the orders

of the

in Charge and Secretary Vigilance' It will be better if the

complaints

43
 are vettd by.a committee headed by the Chief Secretary or Secretary

Vigilance and conrprising among others the Secretary of the administrative

I
departnrent to rvhich the complaint relates. The committee before arriving at a

conclusion should obtain the view point ofthe suspect officer. The enquiries

should be ordcred on the recommendation of this committee.

3. Thc enquiries are registered on the basis of complaints, source reports

and reference tionr the administrative deprrtments. There is loo much reliance

on affidavits and the source reports of the vigilance bureau. This is not

justified. No enquiry should be registered without obtaining the view point of

the officer. lf this is donq rrc enquiry need be held in number of cases and the

ofliccrs will be saved from harassment.

2 Set Up of VB - i\l ultidisciplin ary Body

l. The vigilance bureau is exclusively manned by police officers. There

are handful officers lrom other departments to advise them on tectrnical

matters. As per the prevailing pracrice the vigilance dcpartment gefs th€

complaints investigated from the vigilance bureau even though 6 per

instructions it itself can also hold enquiries. The domination of the bureau by

the police oflicers is not very healthy. Very few inquiries are taken up against

the police officers.

44

r r
 The sphere of the administralion has rvidcncd ovcr tle vccts

B often contain allegations of complicated administrative or

junior level
irregularities. The invcstigating officers of the bureau are

officers and they are seriously handicapped in inquiring into such

ireflaints. Thc officers from the IAS i PCS, Revenue, Accounts and Audit

Slrt'is can be posted in the bureau and asked to investigate such complaints'

ILc-t'can take the assistance of the existing staffof the bureau'

If such officers can't be posted in the bureau then rhe vigilance

ent can refer the inquiries to selected offtcers posted in other

a+arEtents.

The bureau can be converted ir.rto a multi member board headed by an

IAS offrcer. The directors could be from the department ofpolice, engineering,

Ilrgtg..Differentdepartmentscouldbeassignedtodifferentdirectors'Ifthis

found to be too drastic then an IAS offrcers of suitable seniority can

b9

- +ucted as additional chiefofthe bureau.

5- The Commissioner Enquiries at present has little work' His services

can bc utilised for conducting preliminary and regular enquiries'

45
3 .Iu risdictio n

The vigilance depanment is not very selective about the enquiries to

be taken up .The department should confine itselfto the following four types

of ceses :
c

1 . Assets disproportionate to the known source of income ,

:
2. Allegations constituting offence under Prevention of Comrption

Act, IPC and any other Act

3. Allegations of moral rurpitudc.

4. Some imponant casc which the Govt feels should be erquired into :'

by the vigilance department.

Complaints regarding violation of rules/insguctions should be referred

to administrative department. Besides it should concentrate on the cases

against gazetted o ffi cers,

I*
4 {
Posting of lhe OIlicers in VB
tf,r:
f,
:1'
{
'a
Thc police officers are transferred to and from vigilance bureau by the
$
.l

DGP/ Home depanment without any consultation with .the vigilance

ili
department even though no appointment in the bureau can be made without the r-:
r
concurrence of rhe vigilance department. This should be stopped. I
I,
I,-F
46 l
It
 , The subordinatc officials of the vigilancc bureau arc frorn rhe

t csablishment of the DGP. The vigilance bureau should be made an

irdependent Directorate.

5 Technical Officers

The officers from other departments arc postcd with the vigilance

u on regular basii. Not marry offrcers arc willing to work with the

rigilance bureau. We may in consrltation with the administrative department

lrepare a panel of oflicers who can be associated with a particular case. The

yigilance bureau will not only have many officers to choose from but it will

r&o enable them to have the opinion ofan competent officer.

The vigilance bureau has some difficulty in getting the samples of

tested from the laboratories. The fee is ananged by the

strative department. It sometimes takes a long time. The municipal

ls and trusts don't deposit the funds in time and hamper the

gation, The vigilance bureau should be provided adequate funds for this

IREpose.

Source Report

Thc instructiors stiputatc that source reports shall be carefully prepared

rtion shall be taken against the oflicer if the allegations are found to be
47

a
untrue. There is no provision for associating the ol'ficer against whom there is -B-:i-:t

a complaint while preparing the report. It is absolutely essential that the

offrcer be associated with the rcport. It will avoid enquiries on frivolous

complaints and will be in the interest of the govemment and the officer.

2. Action should be taken against the officer recording a false source Cr

report.

r:r

7 Surprise Checking - i r:::

The vigilance bureau conducts surprisc checks of thc on going works

and stores. They often recommend registration of an enquiry or criminal case

on the basis of this checking. The inspections can bc very effectivc if

conducted in a systematic and fair manner. Thc procedure requires to be

streamlined. Tb,

rrl

8 Enquiries

There are two types of enquiries preliminary and rcgular enquiry.

tI t. +-
There is no distinction between them except that preliminary enquiry is

required to be completed within 4 months and regular enquiry within r--

I year.
't:. -':'-t'
The mcthod of investigation is the same and both are basicalry fact
4E
finding
t.
*1

1
II
{
t
enquiries. The CBI has only one q4e of enquiry i.e. preliminary enquiry. We

mdy accordingly change the nomcnclaturc to vigilance enquiry irnd lix a timc

liinit of 3 months for its completion.

9 Crimlnal Case / Sanction for Prosecution

l. The vigilance depanment faces great dilficulties in obtaining sanction

for prosecution of the suspects. Ir is to be given by the appointing authority.

Thc administrative departments often hold a parallel enquiry and deny /delay

ihc sanction on the ground that the trap was not genuine, the suspect had

rheady done the work and therefore there lvas no motive, the complainant had

irnosity totyard the officer and he had been falsely implicated. The parallel

quiries by the administrative departments should be avoided.

There are instructions that the sanction should be granted within 20

and that action shall be taken against the officer who declines the

without any valid reasons. In spite ofatl this the sanction is invariably

/ denied resulting in delay in the presentation of the challan which is

be presented within 6 months. The vigitance department has concunent

of the administrarive department and sanction can be granted by it.

it is helpless if the sanction is to be granted by the authorities of the

ns and boards.

49
3. A committee headed by Secretary Vigilance and comprising of
1
t
Director vigilance bureau, Administrative Secretary and the head of
tEE ;

departmenV managing director can be constituted to oversee the progress

E:a-
cases of sanction for prosecution. Matters where there is difference of opinion
an*i.=

between the appointing authority and the vigilance department can be referred

to this committee and its decision should be final in regard to grant of

tt iEi' nR

si*
sanction of prosecution. ln govemment of India such cases are referred to

CVC whose decision is final.

E
4. As per Rules of Business decision whether to file an
orders of
appeal agairut

acquittal in resfect ofcases registered by or transferred to the bureau

r
is to be taken by the vigilance department. But the present practice is.that

these cases are treated as ordinary criminal cases arld the matter is referred to I
T
Home department by the prosecution agency, This requires to be stopped and r
this work should be done by the vigilance departnrent. Similarly
f
cases Fg.rr
registered by the bureau should be withdrawn by the government in the -EE.
vigilance department and not the Home department. ,!rr:F;r

l0 Traps @
E
l. One of the main reasons for poor conviction rate is wihesses not Er
supporting the prosecution version. We order action under section lg2 IpC anrl L.al

departmental action but it has not proved effective.

50
I i
 Tbc vigilance bureau sometime doesn't exercise due caution while

. trep. They shouldn't allow themselves to be used by private persons

scores *'ith the officers. It should be ensured that there is adequate

for demand and acceptance ofmoney. The trap should be genuine. This

confidence among the employees and will also improve the

rate

A panel of witnesses can be prepared by the SP vigilance in

with the District Magistrate for every district.

d- 'l
Y

Disproportionate Assets

Tbe adminisrative departments don't ensure that the retums of

are filled in regularly by the employees. The retums are not

properly by the administrative department. They are accepted in

5in The Chief Vigilance Officers can recti$ this weaknesses.

The administrative departments grant permission to the employees for

loans from relations and friends in routine. The capacity ofthe lender is

rtren. Nor do they bother about the repayment schedule. Under no

they should grant ex post facto sanction after an investigation

bccn ordered.

il..a"-.-.:. , I ,
 I
Thc cascs of asscts 4rc investigatcd .eor fi*i.tg a ohooL po.i.d of
,t
3. 5

years or more. If the expenditure for this period exceeds the income by 10 %

or more then a criminal case is registbred under Prevention of Comrption Act.

*E1
,,i

There are no well defined instructions as to which incomes are legitimate and I -9

are to be taken into account. Loans or gifts for which no permission has been lI a,t
i
.Eg
taken from the competent authority should be ignored. Other incomes which

have not been disclosed to the authorities concemed for example lncome Tax +
should also be ignored. The investigating offrcers adopt arbitrary methods

while investigating such cases. They sometime ignore such incomes and

recommend registration of a criminal case. In some other cases they include

I
such income on the ground that there has been minor lapse on the part of the rl
il t
?
t
employee in not seeking permission from his department. The employee is
.)

I
t
resultantly saved from the criminal case and subsequent prosecution in the t
E

court and departmental action is recommended for not seeking permission

E
from the admini strative department. F

12 Chief Vigilance Offlcers E

l.TheinstitutionofChiefVigilanceoffrcerrequirestoberevitalised.If t
it is made effective the routine matters can be lefi to the administrative

department and the vigilance department cart concentrate on important E -:

matters.

52
 2. The present system of vigilance is completely complaint oriented'

Unless there is an complaint there is little likelihood of registration of a

vigilance enquiry. It often results iri harassment of officers who have initiative

and drive. There is no system of identification of the comrpt officers in the

administrative departments. The Chief Vigilance Oflicer can help the

vigilance department in this aspect. He can get a list prepared of the officers

cnjoying bad reputation and vigilance department can keep an eye on them.

a The Chief Vigilance Officer can monitor the progress of departmental

-f'rics pending in the department. The vigilance department can also

aslre action on the complaints and enquiries referred to the administrative

Qatnent by the vigilance department.

He can also assist the vigilance department in getting the sanction for

Fosecution from the administrative department.

13 PreYentiYe actiotr

l- The vigilance department has paid little attention to this aspect. There

rc number of departmental rules, instructions and procedures which give

:copc for corruption. Sometimcs these rules do not serve much purpose and

i rbcl can be dispensed with. The vigilance department in consultation with the
*i
i
+
: Ctief Vigilance Officer could identiiy such areas where''there is scopc for
is
I.
i
53
fi:
 i

corruption and where com.tption can be reduced by suitably modi$ing rules,

procedure etc.
E

2. The officers misuse their discretionary powers and indulge ln

I
comrption. The discretion and arbitrariness should be reduced to the extent I

possible.
r-
tB &
3. Delay is another instrument resorted to by the officials to make money.
*
I.
fk:

14 Detection
r t

l. At present the cases are initiated on the basis of complaints received

from the public or the employees. There is no system of detection of I

comrption cases in the various departments,

2. The inspection reports of the senior oflicers, audit parties and

Comptroller and Auditor General paras highlight cases of comrption. They

should be properly looked into and followed up.

15 Delay

fi
The vigilance enquiries have become s)monymous with delay. The
r
inquiries linger on for various repsons. Effort should be made to check the

delay io finalising the enquiries. Some of the common causes ofdelay are :
tr.
54
It
*
*l
L
v
Non cooperation by the suspect

L^ack of cooperation from the administrative department, detay in

I
Er&cdon of record.

a
{:r
Conversion of preliminary enquiry into regular enquiry and conversion
t"
.t.
* pcliminary enquiry/regular enquiry into a criminal case. The vigilance
!
h=ar should decide in the early stage of the enquiry whether prosecution or

krtrnental action will be warranted or intended. If prosecution is more

&ly then a criminal case should be registered straight away without waiting

ltb completion of the enquiry.

{ The inordinate delay in sanction for prosecution.

t The administrativc departnents initiate inquiries and refer to vigilance

r'iFqnent when much work has already done by them.

a Preoccupation olvigilance department with unimportant cases and the

'
Gquent heary u,ork load.

7 Lack of faith in administrative departments and lack of response from

fu- tt leads to more inquiries in the vigilance department. Regular meeting

Fi monitoring with Chief Vigilance Ofncers can improve the situation.

l- Lack of monitoring ofthe cases by the vigilance departmenVvigilance

lmproper investigation by the vigilance bureau resulting in frequent

+
Ltt references
E
Delibcrate anempt to prolong the inquiries and delay action against the
F
Ef
G
ppca by thc staff of the vigilance bureau/vigilancc department. It is quite
fi.
E to accepr representations from the suspects at the fag end of thc
F-""
Es5
 f,
I
r:l
,t
enquiry and cvcn after eomplction of the cnqrlirics and refer them to lhe

investigating olficers.

1
tr
I.
+
:4-
T
-:i:.
'i,
fi
+
$
$.
r*

I
*
a.
:*-
*

56
the APPENDIX IV

51

I
 a

TB
 INSTRUCTIOI{S

59

t
*
G
 -\. I 327-Sen'ices (l)-6711906
3 r -l -196?

F-o,,

The Chief Secretary to Govemment, punjab.

To,

i) All Financial Commissioners.

ii) AII Adminisrrative Secretaries.
iii) Inspector General of police/Addl. lnspector General
of
Police iDIG(CID).

Subject:- Enquiries against IAS/pCS Officers.

< Sir.

I am directed to say that instances have come

to the notice of
Govemment where certain departments
initiated enquiries into the conduct of
IASPCS officers without the knowledge
of thc Chief Secretary (in the
Scrvices Departments). The matter has been examined very carefully and
it
h"s been decided that as the
Chief Secretary is the Head of the Department
in
respect of all matters relating
to IAS/PCS otlicers, no enquiry against an
IAS,"CS officer should be ordered
without his prior concurrence.

yours faithfully.

sd/-
G.Balakrishnan
Deputy Secretary Services &political

or C.S.

l
t
i
1
!
j
i 6l
 No.7462-V(1)-61 12655 4
15-9-t967 I
From IEEE!. I
The Secretary to Govt. Punjab,

Vigilance Deptt. I
I
II
To i I

All Heads of Departments,

All Deputy Commissioners in Districts,

-,'Registrar, High Court, Punjab and Haryana,
All District Judges in the State etc.

.
Dated, Chandigarh, the 15"' September,l967

Sub: Eradication Of Comrption Procedure

T
I am directed to invite your attention to Punj ab Govt. Notification
No.6747-V(1)-671197'70 dated thel4th July,l967, with which the institution

of the Punjab State Vigilance 9ommission has been abolished, and to say that
the work previously undertaken by the Vigilance Commission wili henceforth
be done by the Vigilance Department in the manner hereinafter described;-

Para 1 The Vigilance Department shall have jurisdiction and powers

in respect of following matters:-

(A) To initiate any preliminary investigationrinqurry inro any

I
transaction in which a public servant is suspected of having acted in -
a
I
corrupt manner, which may be referred to it by the Adrninistrative
Depa(ment or comes to its notice or otherwise except a transaction I
relating to misconduct or misdemeanour of a public servant not I
involving comrption.
I
(B) To undertake or cause an inquiry or investigation to be made *
into E
62
 any complaint of comrption and lack of integrity involving a
ed public servant *Jrich may be refened to it by a department
of
Srare Govemment .

anl,other complaint or inlormation in rvhich a public servant

=tiding members of All India Services for the time being serving in
ion rvith the aflairs of the State of punjab may or may not be

'.t
To call for reports, retums and statements from all departnrents
L State Govemment or Undertakings so as to bring about general
and co-ordination oyer the Vigilance and anti-comrption work
in
depa ments and undenakings.

. To take over under its direct control such

information or cases for further action, as

to ask the Special lnquiry Agency to regisrer ir regular case

arcsrigation it, or

to entrust the complaint , information or case for inquiry

t to the
Inquiry Agency or to the Department or undertaking

to hold itself an inquiry by taking evidence.

The Vigilance Department tvould not be concerned

c.mplaints against non-gazetted officials except when the
substanrially involves a gazetted officer also.
l
l
The Vigilance Department, normally would not take
I
of anonymous and. pseudonymous complaints. I

lE e The Minister, the Deputy Minisrer, the Speaker and the

Punjab Legislative Assembly , the Chairman and the
T+ =r***, punjab I

*.-ran , Legislative Council rhe Judges, punjab

sE
rt

!,..]:I
High Court and the Members of rho Judicial Sen,ices snalt
within the purview of the Vigilance Department.

(E) (l)
not be
I frfi
f,$*
i-E
Advise the Administrative Departments of the State
Govemment in the matter of black -listing of any firm which might
come to its adverse notice during
!E
the inquiry.
&

E
@ ln cases referred to in paragraph (D) (ii) above the
repofi of the investigation/enquiry shall be forwarded 10 the
Vigilance Department so that on consideration of the report and
relevant records, it may advise the Department or undertakings
concemed as to what further action is required to be taken in the I
matter. I
(3) ln cases where the report of inquiry has been I
forwarded to the Vigilance Departrnent by the Special Inquiry
Agency, the Vigilance Department may, while considering such
report obtain the comments of the Department or Undertaking
concemed.
(4) Where the Special Inquiry Agency considers that any
practice or procedure followed by the Department or Undertaking is

of such a nature that it affords scope for corruption or misconduct, the

Vigilance. Deparfinent may advise that such practice or procedure by

appropriately altered or abandoned. The Vigilance Department may or

may not suggest the manner of alteration or amendment in such cases.

(5)

undertakings of
The Vigilance Department may obtain information
about the action taken on its recommendations.

(6) The Vigilance Departnent shall have the power to

call for periodical statements from the various departrnents
the State govemment regarding inquiries conducted
or
I
into complaints of comrption against the public servants by the
departrnentVUndertakings.

64

H
)t.be ( 1) In every department or ,.rndertaking of the State
l:, t there shall be one Chief Vigilance Offrcer and a requisite
I
ii of Vigilance Oflicers who shall be appointed subject to the advice of
State t.
C
t.
t-igilance Department . The Chief Vigilance Officer shall , as far as
rtight
t
1
lebe an offrcer next to the Secretary to the Govenunent or Head of

*5 Deparrrnent , as the case may be and will work untler his supen'ision.
the
I riil not be whole time officers but rvill be nominated to do this work in
, the *' to their normal duties. \\hile any offrcer not approved by the
f Depanment may not be appointed as a Vigilance O{ficer, the
and

:lngs over rhe rvorliing and conduct ofthese ot'Iicers shall be exclusively that

l the Secretary' to the Govemnrent or the Head of the Department, as the

arybc.
)eer (2) The Secretary, Vigilance Deptt. ma; record his assessment on
ury rqk of any Chicf Vigilancc Officer and fonward the same.to the
nrch Aurhority concemed in caxs when in his opinion rhe good work
iing by the officer or not done should be brought to the notice of

any (3) The holding of inquiries, supervision over investigation,

gis up of formal charge sheets, compliance *'ith procedural or ligal

the ts of these inquires consultation with the Vigilance Department and

,by disposal of cases shall be decentralised and will become the

iliry of the Departments or undertakings concemed. Prosecution

es. be launched and where prior sanction for such prosecution is required

any law for the time being in force, the Agency shall simultaneously
:lon
a copy of its report to the Depa ment or undertaking concemed for any
r*hich it may wish to forward to the Vigilance Department .

lo )-'
(1) Where the authority competent to sanction such prosecution :-

ted
(a) is the State Govemment , the Dircctor Special lnquiry
the
Agency, will advise the Vigilance Department , after examining
the casc and considering any comment received from the

il 6i
 ffii
dcpartment or undertaking concemed whether or not ffi
il.
Gr& -j
E
prosecution should be sanctioned, whereafter the necessary
t
advice would be coinmunicated to Adminisfrative Department

will be issued.by the Adminiskative

C
and necBssary orders
Department in rvlrich the power to accord sanction shall vest;
and

i
(b) Is an autlrori!1r other than the State Govemment and that

E
authority does not propose to accord the sanction sought by the
Special Inquiry Agency. the case shall be rehrrned to the
Vigilance D€parrment and the aforesaid au&ority shall take
further action a{ter cousidering the advice of the Vigilance l,
Departnent
I
(5) The Vigilance Department may entrust an orat inquiry b -,
I
departmental prooeedings, except in petty cas€6, to a Commissioner/Inquiry |
inquiries to be appointed and arrached ,,.o,
;ffi.I:o"ff*T,:.' I
(f;) The CommissionerAnquiry Officer for Deparrnental Inquiries II
shall submit his report to the Vigilance DeparEnent and rhe Vigilance *.
.*..
Department shall afler examining the report forward the report to the
appropriate punishing authoSity rvirh its advice as to further action to be taken

in the matter.
(7) Where the Vigilance Department 6nds that disoetionary
Powc' in the discharge of his duties were excrcised by a public servant for
imprpper orcorrupt purposes, the Vigilance Departrnent shall advise the
Departrnent or the undertaking conccrned regarding the suitable action to
trten againrt the public servant corcerned, and if it appears.
be
ffi
(8) The Special Inquiry Agency shall be an independent
department, appointmehtr to which shall be made on
tenure basis subject to
the concurrence of the Vigilaace Department The
annual assessment of the

66
 \! iil bc n)ade by the Secre tary, Vigilance

lgi The oft1cers of the Department shall continue to enjoy the

of rnvesrigation vested in the police officers of the general police
rr s the case at present.
I
The Vigilance Depanment shall take the tilltlatlve lll
persons who are found
to have made false complaints of
or lack of integrity against public sen'ants, in
ons, L'rquiries eniertained by the Vigilance Department

yours faithfully

sd/-
lS.K.Sudhakar)
Linder Sccy. Vigilance.
for Secreta-ry to Gove.prment, Vigilance

Department , punjab.

I
L

F.'
t-
t
ts-
t'
\
 E-2-1968

Copy of letter No.11286 -(V-I)-67 dated 8.2.1968 from the Secretary to

Govt. Punjab, Vigilance Deptt. to all Hedds of Departments and Registrar'
High Court, Punjab and Haryana and others.

Sub: Functions Of 'Ihe Chief Vigilance Oflicerd Vigilance Officers

Dated 8-2-1968

I am directed to invite your attention to the instructions contained in

para 2(1) &(2) of Punjab Govemment letter No .7462-V(1)- 67126554 dared

l5i9ll967 and to say that though the Chief Vigilance Oflicer /Vigilance
$
tP;
+.
*i:
Officers hrve beeu appointed yet they are not functioning efficiently and their lr
appointmcnt seems to be a mere formality. The main functioning of the Chief ffi
Vigilance OfficersA'igilaoce Officers by way of assisting the Heads of their
$,
Departments are as undec-
&
(i) Detection of comrption and corrupt officers in the Departments , to *
prepare lisrs of comrpt officers or enjoy bad reputation and to ensure #:
. effective supervision over them and to so regulate their postings that
they do n$ have scope to indulge in comrption .
i
q

I
(ii) To pass on intbrmation ro the Vigilance Department and the Special ,i t.
lr
Inquiry Agency regarding the officers mentioned in the fore-going tr
E
tr.
clause so that they can also keep an eye over them.

(iii) Ensuring prompt and effective departmental actions/prosecution in

I
courts of comrpt officers when evidence is available, keeping watch
:ro. ' over proceedings against the defaulters so that delay does not allo\ the
rtl
1

defaulters to escape punishment. I

68

'il
I To check rnd revicw the pmcedures adopted in the Department, if
c€ssary, wilh the assistance of the Vigilance Department and I'

Special Inquiry Agency to plug loop holes where ever existing which
kilitate comrption.

To pmvide &ssistance regarding departmental rules and procedure to

* Investigation Offrcers of the Special Inquiry Agency .

To refer difEcult and complicated cases to Special Inquiry Agency

fuough rhe Vigilance Department for investigation.

To scruti-nise cases of compulsory r€tirements of comrpt oflicers at the

rege of 55 to check up cases of cornpulsory retiremcnt of corrupt
CosEmment servants even earlier if permitted by law and rules.
L To scrutinise property retums of Govemment seryants to detect
canrption or un-reasonable accumulation of property.

To scruiinize reports and have these items includcd in them

-rtsigated which appear to involve an clement of comrption.

Io rt as a Liaison Offico bctwecn their own departsnent and thr I

Ylgilocc Departrnent including the Spccial Inquiry Agency.

ElEt you to ensure that thc Chief Vigilance OIIicer/ Vigilance

r pur Department perform thcir duty well. t"
L

i-
i

I
i
I
I
69 I
1

i
ii: z46z-t (tz)-68 / so6
<5
ffi
E-*Jd ffi fir+.at, {aq t

i'€.fqt,
.is"a t xrro fiq-grgr t 8u,,tffi
E*ro, ienrraa,lerg'r e filrAafr{r6"' d'ftrn-'drd
rifi's ud aaz )rr3 a-*'t+s ftftt' t ira ta t

ft+*: r/6/1968
ftx. gfurergrd gr vExr mr6, I I
qtx.r,*,
? rira *: 7a62-Efr 0)-67 /

26 s 5 4
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t 5 / e / 67 rs ffi
a-a-c a.

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fiiF frrq
fi+c'dr e.' u'-e'a
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70
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71

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 I
CONFIDENTIAL _l
Ir
9-tr97E !

GOVERNMENT OF PI-rNJAd :{ Fj*''

li I
DEPARTMENT OF VIGILANCE Il

No.2293-Y(3)-78/4245

l. Director, Vigilance Bureau.

2. All Heads of Departments
3. All Deputy Commissioners in the State
4.
4. Regishar, punjab and Haryana
High Court

s
Dated : Chandigarh,the 9 th May,1978
$!
&
Sub Policy And procedure Relating
To Vigilance Enquiry And Vigilance T
Cases
g
Sir
$,
I am directed to say that Gofi.
have recently considered certain
aspects
fI
of the subject cited above and have decided
to give approval to certain
measures which should help
to accelerate d.isposal of Vigilarrce
enquiries and
Vigilance cases. These measures
are indicated below;-

(i) All along, the State Govt. have

recognised and ofllcially reiterated
from time to time that the responsibility
for eradicating comrption
amongst Govt. employees is
not exclusively that of Departmenf
of
Vigilance but is primarily the
responsibility of various administrativel
executive departrnents. That
is why in several departrnents,
there are
vigilance oflicers, who assist
the Heads ofDepartnent in this
regard .
Unfortunately in actual practice,
various departnents have lended
to
play down their responsibility.
In variably they tend to pass on all
i
complaints/inquiries for disposal
by the Vigilance Bureau. The result !

80

t
 I
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E

hs been unfortunate in two respects. Firstly, various depanments

lnt tended to lose interest in maintaining the image of the
a'plorvees of their depanmbnt in regard ro their integrity.
Secondly ,
te Vigilance Bureau finds it self over- burdened with largc number
ot- rnquiries and hence the disnosal of even important inquirics terds
tr suffer. Taking into account all relevanr aspects, it has been <Jecided
dtat rhe
Vigilance Bureau should be enabled to concentrate irs
aenrion on inquiries relating to Cazettr".rl Officers. Hence in future,

- a generai policy ,
the responsibilitv for dealing with any fresh
complaints of comrption against non-gazetred officers u.ill
ordinarily
lic $.ith rhe concerned Heads of Department . If such a complaint is
;. reeived directly in the Vigilance Bureau, it will transmit
ir ro the
concemed departmcnr for disposal. The following
will be exceptions
ro this general approach .

ance
(3t \\:here the complaint against a non-glzctted
oillcer is an inregral part of a complaint against
a
gazetted officer.
Pecs (b) Vhere the executi. ,e deparrment
feels that ir u ill
fiaitr nor be possible to effectively probe into the
cornpJaint
i atrd and, therefore, desires the Vigilance Bureau to
undenake the enquiry.
ording to the present procedure, where in a case ir becomes
acd necessory to launch criminal prosecution and
obtain sanction in
,tioD respect of a non- gazetted olficer, the vigilance
Bureau routes such a
Iof proposal tkough the Vigilance Depanment .
In furure. the Vigilance
tivc/
I Bureau will be competent ro refer such propor.iit-ilItl; t" tiii Aiua
: are of Depanment concemed for necessary
.aclion.
ad.. ln cases x'here non-gazetted officers are arrested by the Vigilance
dto Bureau in criminal cascs, the Bureau will henceforth be competent to
1 all inform the concemed dcpartment directly .
:$ilt

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(iv) Henceforth the vigilance Bureau will have the authoritv ro arrest crilc [,i.'
1
Il :.=. t
Gaze ed officers in trap cases and merely sent information to the I[
Covt. in the Vigilance Depanment. For the rest of the gazetted
officers in other cases, the present practice of obtaining sanction of
.

Government will continue.

(v) Whcre on a complaint received by the Govt. in rhe Vigilance Dept.

orders a regular enquiry against a gazetted officer and a prima facie
criminal case is made during the enquiry, it wilt not be necessary that
the whole enquiry should be completed. A criminal case may be
registered at th61 ysry stage and the rest of the probe may be completed
l
during the investigation of the criminal case.
E
( rri As at present, prior permission of Government will continue to be
necessary before the Vigilance Bureau registers a regular
s
enquiry/criminal case against gazetted offi cers.

(vii)
t
Where a raid on the residence of a gazetted officer is considered
necessary , the concemed officer of the Vigilance Bureau should obtain

the approval of the Director of Vigilance Bureau if rhe raid is to be

organised at the residence of Class-II officers. ln the case of raid at
the residence ol class I officers, prior permission of Covt. will be
neces6ary.

2 The above decisions/guide -lines may be noted for compliance by the

Vigilance Bureau as well as various departments of Govt. Ii
Yours faithfully
sd/- t

S.S.PURI t

Chief Secy. To Govr. Punjab.

No. 2293-v(3)-78/4246 Dated: Chandigarh,the 9'h May,1978

82
'lass
for rnformation and necessary aclion to:-
the

tted All Administrative Secretaries to Govt. Punjab .

rof
i,
All the Conimissioners of Divisions in the State.

l
.I
, s.s.PURI
ept.
Chief Secretary to Govt. Punj ab
rcie
..*
that
3.2293-V(3)-78/4247 Dated: Chandigarh, the 9'h May,l978
be
E
rted il Copy to Principal Secretary/SecretarieVPrivate Secretaries to Chief
r Uinisterl\tfinisters il,finisters of State for the inlormation of Chief
$
Hinisrer;MinistersrMinisters of State.
be E
$ S.S.PURI
rlar
{
Chief Secretary to Govt. Punjab
*
red

ain

be I
at

be
tt
t
T
T

'{
v
v-
RI

.b.
in
B
L
I
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IIt 83

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 ./

ll 7
GOVT. OF PLNJAB '97A

DEPARTMENT OF VIGILANCE

No.2l24-V(3)_78/5861
To

1. All Heads of Departments

2. AII Commissioners of Divisions
3. All Deputy Commissioners in the State
4. Director,VigilanceBureau,punjab
5. Registrar, punjab and Haryana High
Court.
Dated, Chandigar.h, the 1 1u July,l97g

Sub:- Policy And procedure Relating To

sanction For prosecution In
Respect Of Vigilance Cases

Sir,

I am directed to address you on the subject

noted above and to say that
il has come to the notice of
the Govemment that when the Officers
of the
Vigilance Bureau, after completing
investigation in comrption cases,
approach
appropriate authorities competent
to remove the accused from
his office, for
granting sanction for his prosecution
as required under Secrion6(l)@
prosecution of the
of Comrption Act , the latter
,instead of applying their mind on
the materiar co,ected by
the police during investigation,
sometirne start their
own enquiry or cause the case
to be looked into by some ruUorOlr"t.
om""r.
While the Goventment has
no desire to interfere ln tfr. Oi..r"tio; ;;;;;
authority in the matter of
deciding the question of sanction,
;. lomnetenl
seems to be no justification
there
in law for the comperent authority
,):,. to hold or

It already held regular investigation

under its statutory powers.
r'" Govemment is of the view
that 0re question of sanction
The
should.be decided on

84

l
 tx
&nsideration of naterial collected during the investigalion, and.if the
t authority feels that there is some more relevant material which has
been brought on record by the police, if rnay bring this fact to the notice
investigating agency so that the latter may be able to look into it reach

conclusion as to whether any offence has been cornmitted or not' The

t authority can then apply its mind to the facts and circumstances of
case to decide rvhether sanction tbr prosecution is to be accorded or
It is hoped that adherence to this approach will help to bring about
and speedy disposal of comtption cases'

Yours faithfullY
sd/-

DePutY Secretary ffigilance)

for Chief Secretary to Govt. Punjab

Vigilance DePartment
a
2r 24-V(3)-78/5862 Dated: Chandigarh the 1l& JulY 1978
*
s A copy is fonvarded to all the Administrative Secretaries to Covt.
E
tbr information and necessary action.

sd/'

Deputy Se$etary (Vigilance) for. Chief Sccreiary to Govt' Punjab

l
Vigilance Department

212+V(3)F?8/5863 Datcd: Chandigarh, the l lu July,l978

I A copy is forwarded to Principal Seqetary/Secretaries Private

es to Chief Mirrister/MinistersA{inisters of State for information of
I
lv{inister/lr{inisters /Ministers of State.
I
sd/-
t'
I Deputy Secretary (Vigilance)
I
t
! for Chief Secretary to Govt' Punjab
It
t.
F
!
Vigilance DePartmant

II
E5
,1 i. ,;.
I
l
I l-
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i! 91

r'
 No.l9/l/79-Y(3)/9135 15-10-1979

PUNJAB GOVERNMENT
( vrcrLANCE _l BRANCH )

To

1 All Heads of Departments,

2 Ail Deputy Commissioners in the Stare

J Registrar, Punj ab and Haryana High Court
4 All Distt, and Session Judges in the State.

{i
Dated: Chandigarh, the 156 Oct. 1979

Sub:- Policy And Procedure Relating To Vigilance Enquiries And

Cases
Vigilance I.
Sir ,

I
of
I am directed to say that Govt. have recenlly considered

the above mentioned subject and have decided

certain aspects

to give approval to ce(ain

t
new measures,/have made certain modifications
of the instructions already
issued vide circular letters dated t5-9-67,
r-6-6g and 9-5-7g which should
help to accelerate disposal of vigilance enquiries
and vigilance cases and to
root out comrption in various departments of the State
and modifications are indicated below:-
Gort. The measures t:
*&
(D The Administrative DepartmentVlleads of the Depa$ments
themselves should continue to exercise
full vigiiance on the work and
conduct of, the Govemment employees
working with them. The
designated vigilance of{icers and also Heads
of the Directorates may
maintain registers. indicating complaints
received against their
employees and action taken in the
matter. The complaints and final
reports of enquiries reGrred by the Vigilance
Departrnent may also be

9Z

\._ l'-t
 noted in these registers. They should send periodically retums in
appropriate performa to be prescibed by the Vigilance Department
along rvith the
to the Vigilance Deptt' The Secretary Vigilance
review meetings with the
I.G.Vigilance should also hold periodrcally
Vigilance offrcer of ' various departments' Once in
a period or so'

meeting would also be convened ar the level of

Chief Secretary with

Secretary Vigilance and AdminisEative Secretaries for a general

revlew .

(ii) It has been noted that there is a whole time AIG(VIGILANCE) in

Punj ab State Electricity Board ' It is felt that major autonomous
some offtcers
Boards and Corporations in the State should also have
Ofrrcers in the
designated as Vigilance Officers These Vigilance
and
Boards should discharge vigilancc functions for their employees
alsomaintaincontinuousliaisonwiththestateVigilanceDepartment;

is barred for
tErl) At present rhe jurisdiction of the Vigilance Department
including
the employees of autonomous Bodies and Corporations
public servants'
Irnprovement Trusts even though such employees are
It has been decided that the State Vigilance Department should have
jurisdiction over the employees of statutory Boards' Corporations'
rvould take
knprovement Trusts etc' The Vigitance Bureau however'
on the part
noteof and enquire into cases of criminal misconduct only
under
of such employees as may render them liable for prosecution
Prevention of ComrPtion Act'

the
tit) At Present non gazetted staff in various departments are beyond
while the
purview of the Vigilance Bureau' It has been decided that
Vigilance Bureau may continue to primarily deal with important cases.
involving senior officers, it should not be bafied from making

enquiries against NGOs . However such enquires in regard to NGOS

shguld ordinarily not exceed 5 to 10% and cover serious allegations

of
e

disproportionate assets, cheating, forgery, embezzlement of

funds and

93

r,i it.,r I irt, ' r'']' "t (' :ir.'-

E

-3

J
 misappropriation erc. \rhire
the bulk of the cases in regard to non-
gazened staff may appropriately continue to be
handled by the
concemed depaftments , the selective entry
of the Vigilance Bureau in
the field should have a healthy deterrent
effect . The Vigilance Bureau
may have full powers regarding registration
of enquiries and cases
against NGOs but sanctions would
be given at the level of
S.P.Vigilance. On the basis of evidence
collected during investigation
of regular enquiry or a criminal case as to what
further necessary
action is to be taken should however
be decided by the Vigilance
Departrnent.

(v) In regard to procedural matters which

impede the progress of enquiries :-- --.
with the Inquiry oflicer, it has been ri6:;za
decided inter aria that the District
Attomey a$ached with the Inquiry
Officer may act as thepresenting crrc ie
Oflicer for all enquiries which are referred
direct by the 9r::'.rr
Administrative Departnents to the Inquiry
Officer( Vigilance).

(vi) It has been decided that in the interest of

5r-
clean administratron
Vigilance Clearance certificates
may henceforth be made a
prerequisite in all cases of promotions, T-:plen
empanelment, retirement I
and.
deputation on foreign sewice etc. s.lctt
of Govemment employees . I
I prir Fa
2. The abbve decisionVguide-lines may be I
noted for compliance by the
n
I ;i r€
Vigilance Bureau as well as various
departments of Govt. and further { It-12.1
necessary action be taken as c i,'
cmphasised.
[,i
,t
,l Fftttvt
- -

!' rl
youn faithfully,
18
IIl. ." *{o*r
sd/-
( Gulwant Singh
)
Deputy Secretary Vigilance .

94
al
 I

No . l9(af 79-v(3)/
21-12-t919

PI.]NJAB GOVERNMENT
Department of Vi gilance
(Vigilance I Branch)

All Heads of Departments

All Commissioners of Divisions and

\;,

3 Depury Commissioners in the State.

T
I Dated, Chandigarh the 21" December,19'19.
t
t Policy and procedure relating to Vigilance enquiries-
t ance of registers indicating action taken in the matter regarding
I laints received against their employees direct or through the Vigilance

1 t Sending of Periodical retums.

t
E tL,
't
iI I.am directed to refer to Punj ab Govemment, Department of
lfuilance lena No.19(1)79-V(3)9135 dated'the 156 October, 1979, on the
i ljcct mcntioned above , and to say that according to the decision conveyed
*l para(I) of the above letter the periodical statements may be sent quarterly
,i the performa enclosed herewith. The first retum for the quarter ending
131.12.1979 should be reach this Department by the 15o January,l980
r ''*itivcly. Subsequent retums may be sent by the 15 th of the month
T Hbwing thc quartcr.
i
l
t
Yours faithfully,
sd/-

E Gulwant Singh
Deputy Secretary Vi gilance
t
I
It 95
{
8;,
Proforma for sending periodical rctums t0 Vigiiance Department in respect of I E)
complaints \ Comrptions cases finally disposed off showing work done by the h'
I E.
designated Chief Vigilance Officer and Vigilance officers. I lao
8,,.
fur
*'a
Report for the period from to
cat
i.e. for the l/Il/IIyN th quarter ofthe E.
F

E
l-I(
1. No. of complaints pending at the end F
b€
of the previous quarter:-
I Dl
(a) received direct :
tt:
to
b)received through Vigilance I
i'
ts.
Department:

I E
E.D
2. No. of complaints received during the I
quarter under report: o
1 [.
a) received direct ; II! rt

b)received. through Vigilance

I
{
Department:
i
3. No. of complaints /comrption .cases {
I
,l
finally disposed off (detail to be given in 5
I
annexure -I ). i
i
4. No. of cases pending at the end of the
I
quarter in which criminal proceedings

have . been /are proposed to be

launched (detail to be given in
t
a

annexure-Il). l.

5 .No. of cases pending in which action t

I
F
is being taken under the p&A rules
{
, 1970 (detail to be given in annexure - E
,t
E",

96

I
 \

of
te
\o of cases stili unclassit-ied p'lus
Sose cases in rvhich it is p:cp':s':c to

to
*am a Govt. emPloYee to be mole

careful io future .

-i \o. of complicated cases which have

been referred to Vigilance
Departrnent for investigation' (detail
to be given in annexure-IV).

+ 3- Detailsof work done bY the Chief

* Vigilance Officers and Vigilance
Officers during the quarter \rndet
report.

Signature of the Chief

Vi gilance Offi cer/Vigilance

oificer'

9'7
x
 t'

I
ryi
I
)

ANNEXURE -I
Com laint cases
Sr. No -Date of receipt oI complaint Againsl whom Brief gist o, allegalions Final action takcn
alongwith the name of the
COITI lainant

E
Ir 3 4 5

II
III
II
@
@
rr
rr
IIr
Ir
I
E*il.&ltlll5.rr--a.lLr.r.r/r 3
.#d-tr-4*.*.{1,- ;r;!--;.41"1

ANNI.XtJ'tl.'ll
CRIMINA L PROCEEDINGS CASES ,':;,!r', lr,; rl,t|rY rt tlrr, '
Sub.iect with brief gist of Present stage
Sr.No. Date of recipt Against whom ts nrorc llrll0 oll(t yosr okl
complaint allegations.
alongwith the
name of the
lainant 0
J 4 5
2

II
1

II

(o
(o

II
I
Ir
/
\
,l
 I
)
1

Sr. Date of receipt of Agajnst Whom
No complainls /Final
Report
ANNEXURE -III
DEPARTMENTAL PROCEEDINGS CASES )
Subject with brief gist of whether actions is being taken Present stage (reasons for delay il
allegations under rule 8or 10 of the P&A ths case is more than one year
rules 1970 old.

rI 1 2 3 4 l; 6

I
Irl
I
O
o
rI
Ir
Ir
I
rr
II
II
linirsl

./lrrl1l !r I li
ii i ;t
 'lt, ,!it{+,r.tfri!f fi fitfii+Idi{iiitr..rrlr+r
I

ANNEXURE.IV
Cases referred to Vig ilance Department)
Sr. Date of receipt of No. & dBte of letter A.gainst Whom Subject with brief gist of allegations
No complaint and tho vlde which matter
name of retered to vigilance
complainant D€parlment
1 2 3 4 5

rrI
rI

J
7'
il

i0-1-r9s0

Copy oi letter No.19(1)79-y(3)i222 dated 10s Jan:1980 to All i{eads of

Depanments, and Commissioners and Deputy Commissioners in the Srtc etc.

Subject:- Policy and procedrue relating to Vigilancc enquiries and

Vigii-tce cases.
t,{
Si;.

I am directed to refer to inskuctions issued by t

the Department vide letter No.19(I)79-V{3)/9135 dated 15.10.1979 on the $
above subjeet and to say that Government have reconsidered rhe matter wirh

regard to obtaining Vigilance cleamnce certificates before promotions etc. of

the Govemment . er.tployees. Thc abtrve mentioned instructions in this respect

are modiJied to the extent that in future vigilaace qiearance bcrtificatcs in

respect of integrity would be pre-requisite in all cases of promotions,

empanelment and deputation on foreigt taining etc. of Class I State Sen'ices
Ofiicers(including promotion of Class II Officer to Class I) and All India
Service Oflicers. For the remaining employees the necessary clear4nce
certificates may be trken by the Department concemed from their own Chief

Vigilance Oflicer who wili keep necessary liaison with this department.

2. The Vigilance Clearance Certificate beforc retirement shall

continue to be obtained from this department in respect of all gazetted officers
as before sanction of.

r02
 GOVERNMENT OF PUNJ,L?
DEPARTME].'{T OF VIGILANCE
(VIGILANCE I BRANCH)
To

The Director, Vigilance Bureau,

Memo No. 1 9(28)80-v (3)/2058

Dated, Chandigarh, the 20 th June,I980

Subject Streamlining the scrutiny of Vigilance enquiries and case-

Measures for.

,*,
Reference your letter No. 22174AIB/CC.6 dated the 19 th
fr.,
September,l978, on the subject noted above.

$' 2. The matter regarding allegations which are reported to be unproved by the
t
Investigating OfEcer/Vigilance Bureau has becn reconsidered by the
*
Govemment and is has been decided that in future Vigilance Bureau while
f
i
sending Final Investigation Reprorts may give detaile<i reasons in his

1
Forwarding Memo. In respect of each and every allegation whether the same
{
{ is proved or not..
I 3. It has been further noticed that prompt follow up action is not taken in
I
t Vigilance Bureau in regard to various decisions of the Govemment and that
F delay This results in the accused escapin-e
action is taken after great
I unpunished. Even in cases in which criminal cases are allorved u be
registered as proposed by Vigilance Bureau the cases are not qcturliy

registired for months together and even reminders have rrr be issued to iind
l out whether the cases have actualiy been registered or not? As such prompt a
implementation action regarding decisions of the Government should be taken
at all levels of Vigilance Bureau
i .

{!
4. The above instructions may be brought to the notice of all concemed for
1
prompt compliance .
i
i sd/-
i
{ 103
i
I
1
 Gulwant Singh
Deputy Secretary Vigilance

No. l9(28)80-V(3y2059 DatedChandigarhthe,20$June,1980

A copy is fonvarded fol infonnation and necessarv action to:-

(1) Budget & Establishment Oflicer, Vigilance Department .

(2) Superintendent, Vigilance I Branch.

(3) Superintendent, Vigilance II Branch.
(4) Superintendent, Vigilance m Branch.
(5) District Attomey, Vigilancd Department.
(6) ADA Vigilance /EA Vigilance.

2. Tne cases where information regarding irlplementation of the decisions of

the Government is not received from Vigilance Bureau, punjab, for a

sufficient long time may in future be brought to the notice of DSV/H.S .

sd/-

Gulwant Singn
Deputy Secretary,Vigilance.

fl

104

. lii
 GOVERNMENT OF PTJNJAB .t-7-19E0
I
DEPARTMENT OF Ir'IGILANCE

(VIGILANCE -I BRANCH)
F

t
fl
d

The Director, Vigilance Bureau,

Punjab.

Memo No . I 9/10/79-V(3)/5054
Dated : Chandigarh ,the 4.7.1980

Subi Measures for speedy disposal of Yigilance enquiries/cases.

of Reference subject noted above

a
2. Govemment have considered the matter regarding investigation of
Vigilance enquiries/cases and have decided that the following time schedule
is observed for investigation disposal ofvarious types of enquiries/cases:-

PPJLIMINARY ENQI,JIRIES :
.gh

ce. The final report in the preliminary enquiry registered under the orders
of Govt. or by Director Vigilance Bureau diiectly, should be submined
where necessary , to the Govt. within a period of one month. Where it

is not possible for the lnvestigating Oflicer to complete the preliminary

enquiry within one month, a further extension of one month should be

obtained from Director, Vigilance Bureau. So in any case, the rep66
on a preliminary enquiry should be submitted to the Govt. after a

period of two months positively. If a Preliminary enquiry is registered

under the orders of Gow. it may also be ensured that the same is
registered immediately on receipt of such rcference in Vigilance
Bureau.
105
REGULAR ENQUIRIES:

ln case of a Regular Enquiry , final report after enquiry shopld be

submitted to the Govt. rvithin a period of six months positively .

Extension for a period beyond six months should be sought after

recording reasons by Director Vigilance Bureau like non -cooperation
of the officcr ,non -availability of record or the enquiry being
complicated or conteining a large number of allegations . It may also
be ensured that no delay occurs simply in registration on such an
enquiry .

RAID/TRAP CASES:

In raid /trap css6 it may also be ensured that the challan is put in a
court of competent jurisdiction within six months from the date of
laying such a trap Criminal cases registocd as a result of pE/RE In
such cases it may be seen that investigation is completed within a
period of one year ,

3. The following decisions are re-iterated for compliance as already

emphasizcd:-

(a) When it is recommended by Vigilance Bureau

that the delinquent officer/official be proceeded against

departrnentally, it may be ensured that drafrs of

siatement of misconduct 8nd statement of imputations
etc. are enclosed with such a reference.

(b) When comments are asked for from Vigilance

Bureau on replies submitted by delinquenUcharged
oflicers it may be ensured that the s ne are sent to
Vigilance Departrnent within a period of one
month
urgently except in
complicated cases where an
cxtension ofonly l-2 weeks maybetakeir.

l06
 i

(c) ln those cues whue prosecution sanction is

asked for ,it may be seen that the draft prosecution
I

sanction order is sent with such a reference.

4. \t is requested that the abore instructions may be broug\t \o tre notce

of a\\ conceme tor sttic\ comg\\anc,e.

GTJ'I-WANT SINGH

DEPUTY SECRETARY VIGILANCE

No.l9110/79-v(3)/5085 Dated : Chandigarh the 4-7-1980

i
A copy is forwarded to:-

1 The Budget & Establisbment Offrcer, Vigitance, Depn.

,,
Superintendent Vigilance -i Branch.
J Sup erintendent Vigilance -II Branch
4 Superintendent Vigilance-Ill Branch

It may be ensured that the references received from Vigilance Bureau

are promptly dealt with and those cases were replies are not received within
the period as prescribed above are brought to the notice of Deputy Secretary,
Vigilancey'tlome Secretary.

(Gulwant Singh),
Deputy Secretary,Vigilance.

lI
{
,I
I
{
{
i 107

I
 No,l9(9)79-v(3)/6862 25-E-19E0

Govemment of Punjab
Department of Vigilance
(Vigilance J Branch)

To

All Heads of Deparmrents ,

Commissioners of Divisions and

Deputy Commissioners in the State .

Dated, Chandiguh, thc 25 th Aug. ,1980.

Sub:- Eradication of comrption-stopping of parallel inquiry by

Administrative Departments rvhen a regular cnquiry is registered by
Department of Vigilance,.

Sir,

I am directed to refer to Punjab Govcmmcnt ,Department of

Vigilance's Circular lener No. 3647-V(3)-'tg/41j5 dt . S.5.1978,1in which it
was inter-alia laid down that no administrative departments should hold an,
enquiry into a maner which is being probed by thc Vigilance Department.
Rather in such cases the Administrativc Departncnt should cxtend full
assistance to vigilance Bureau in the investigatiop. It has mme to thc notice of
Govemment that these instructions am not being meticutously followcd. In
such cases there is always a chance of conflicting conclusions being arrived dt
This might be embarrassing to be Govenunent more often than not.
(
2. For the facility of the Departments it has becn decided that this
department shall send information along with the list of allcgations whcn
a

108
I
reSular enquiry is registered against an ofEcer/olficial of your Department. It
is now requested that the insEuctions issued vide letter under reference may
be strictly followed in future .

' sd/-
(Gulwant Singh)

Deputy Secretary Vigilance

A copy is forwarded to all Financial Commissioners and

Adminishativc Secretaries to Govemment Punjab for information and strict
compliance in continuation of this departrnents' U.O, .endorsement No. 3647-
Y(3)-781 Dated 5.5.1978.

sd/-
(Gulwant Singh)

Deputy Secretary Vigilance

To

L All Financial Commissioners Punjab.

2. All Administrative Secretaries to Govt. Punjab .

U.O. No.l9(1)80-V(3)/ Dated,Chandigarh, the 256 Aug. 1980

l@
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110
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111
 (iii) II

PUNJAB COVERNMENT 5-2-r 9E 1

It

DEPARTMENT OF VIGILANCE ll
(VIGILANCE - I BRANCH) c

S
To
The Director ,Vigilance Fureau' t
Punjab.
3

officer r
Memo No. l9(22)E0-v(3Y869/
be taker
Dated , Chandigarh the 5 th February,l98l '
by thc I

'- Sub:- Source reports Iniriation there of'

Referencc subject noted abovc' I

2. It has becn noticed that a large numbcr of sourcc reports 8re initiated
out of the preliminary
but allegations ue cstablished in a very small numbcr
shows that avoidable
enquiries and rcgrlar enquiries rcgistered' This
to the officcrJoffrcials on the basis of thcse reports'
ln
hsrassment is caused

order to put rcasonable check on the Vigilancc officcrs

in the field who
Govcmment that thc
initiate zuch souroe r€ports it has bccn dccidcd by
following action is to be taken in this rcspecti

concerned must
(i) That beforc initiaring thc sourcc report the officer
I
vcrify thc information givcn by thc informer or obtaincd by him
othenvisc by making local secrct inquirics and submit sourcc report
. I

the allegations
for futurc action only if hc is satisficd &at Primc'facic
are correct.

(ii) To keep a check on persons making false accusations against thc

officers, the Vigilurcc Policc ofEccrs should ask thcm to file
affrdavit

so considcrcd neccssry by the officer so ur to satisry about

the-
if
allegations being prime facie correct

ll2
 (iii) lf subsequently , the allegations in the source report are found to be
T
false or baseless, a report should be initiated against the officer, for
taking suitable action against him in order to ensure rhat the officer
concemed should discharge his responsibility regarding verification of
allegations properly and after the initiation of the enquiry, he should
show proper diligence in collecting evidence for proving the

allegationsr

3 This may be brought to the notice of all the lnquiry/ investigating

officer of the Vigilance Bureau for compliance. Strict disciplinary action may
be taken if after inquiry it is established that the source repon was submitted
I by the Inquiry officer as a result of ill- will malice or some ulterior motive.

Sd/-Gulwant Singh
Deputy Secretary Vigilance

ll3
 No. 19(23)-80-v(3)/87 I s-t-198i (i) Tha
autl
Govt. ofPunjab
agai
Department of Vigilance
( Vigilance -1 Branch)
offt
nga

/Ior
To
sho
All Heads of Depanments ,
alle
All Commissione$,/Deputy Con missioners,
alle
in rhe State.
ofll
of
Dated : Chandigarh thc 5 th Fcb.,l981
aoc
Sub:- Action agrinst persons who make wild and basdless allegations against
Govt. cmployees . (ii) Thr

clrt

be
Sir.
Inr
I I am directed to refer to you on the subject noted above and to say that lin
it has- been felt that very wild and serious allegatiors including corruption be
and disproponionate assets are made against Govt. employees . As the proper rh:
procedure is not follorved before undertaking cnquiries on the basis of such sel

complaints it becomes dificult to take action against the complainants when all
the allegations made by them are found to be false and baseless . The Golt. co
does not believe in launching any witchhunt against the Govt. employees co
an4 therefore wild and baseless accusations against Govt. employees deserve Pr
to 5e curbed down. In order to enable the oflicer complained against and the
enquiry officers to launch prosecution against the complainants who are found
2Tl
the abovr
to have made false accusations against Govt. employees in the Judicial courts
launching
under section 182 IPC and 211 IPC , in consultation with the Law
brought
Department, it has been decided that the following procedure should be
complian
followed before undertaking any enquiry:-

114
 (i) That u,here information is given by a complainanr wirh intcnt that the

authority concemed may take action against the oflicer complained

I
against which may not amount i: nraking charge of any criminal
offence or with the intent that criminal proceedings may be instituted

againsl the public servant complained against the lnquiry Offrcer

Anvestigating Ollicer , before taking up the enquiry/invesrigation
should ask for an affrdavit from the complaia ant m suPpon of rhe

allegations made by him so that later on, if after invesrigation these

allegations are found to be false that inquiry officer,{ln'r.esrigaring
oflicer could filc a complaint under section 182 IPC in a court of La*'
of competent jurisdiction for prosecution of the complainant lll
accordance with the provisionsof section i95 Cr. P.C. -
I
(ii) That if thc allegations made by the complainant arnount to nra-king of
charge of any criminal offence wilh intent that criminal proceedings
be instituted against the public servant complained againsr , then the
Inquiry Officer/l-nvestigaring Oflicer before raking up the enquiry
/investigation should record the starement of the complainant .It should
be clearly recorded in the statement whether the complainant desires
I
that the criminal proceedings should be instituted againsr the public
servant complained against. If after inquiry/investigation , the
allegations made by the complainant are found to be false, the officer
complained against can frle a complaint for prosecution of the
cornplainant under section 2tl IPC in judicial Court as in that case
Provisions of Section ofl95 Cr.P.C .would not be attracted.

2 The Inquiry/Investigating O{Ecer should be fully impressed ro follow

the aborre procedure meticulously .o thut ,o difficulry is experienced in
launching prosecution against such complainmt. These instructions nray be
brought to the notice of all inquiry officers/ investigating Officers lor strict
compliance.

Yours faithfully,

ll5

I
I
 sdi-
(Gtlwant Singh )
Deputy Secretary Vigilance

-lq
No 19/23l80V(3) /872 Dated .Chaniiartr the 5 th Feb.,l981

A copy is forwarded to DVB Punjab for imrnediate necessary action I'hc

I. ,Jer intimation to this Department .

Vigi

Ntet

Dat

Sub:- F irr
Re!

Rcl

2. ln,
bcen &cid
adhered tr
enquiries:'

PF

Th

en

th,

Bt
Ot

Et

pr

a,

116

F
 21-?-1981
PUNJAB GOVERNMENT
DEPARTMET.\T OF VIGiLANCE
VIGILANCE I BRANCH

To

Thc l)irectr:r ,

Vigilance Bureau , Puniab

M*mc No. 19(13) 79-V(3)"5037

Dated, Chandigarh the 2l July '1981'

sub:- Fixation of time iirnit lbr investigationrdisircsal c'f Prelimin:'r1

Reguiar Enquines by the Vigllance llureauif)epautltcui

I

Reference subject noted above'

it bas
In order to accelerate the disposal of vigilance
enquiries/cases
2.
been decitled by the Crovernmenl that
the following time schedule should be

adhered to by the Vigilance Bureau for disposal of Preliminary/ reguiar

l
enquiries:-

PRELIMNARY ENQUIRIES

The Vigilance Bureau shall ensur; that

final report of a preliminary
period from
enquiry is submitted to Govenrment within two months
the date of its registration. ln exceptional cases Director Vigrlance '
period '
Bureau shall move thc Govemment for relaxation of tiris
I
Otherwise .in norrnal cases, where investigation of a Preiiminary
Enquiry is not completed 'riithin a period' of two months ' a

presumption will arise that *Jre allegations are not prima-facie correct

and Preliminary Enquiry should be dropped'

11?
 REGLTL.qR ENQL'IRTES

(D Investigation inro an R.E. will be completed by the

Investigating Officer rvithin a period of six months.

(ii) V.B. after examination of the report of the Investigating

Officer and after obtaining further information, if.. necessary should
submit the final report to Vigilance Department within a period of
1- 1/2 months. Superir
I
k
2. {
It is rec..resi:.ri that the abor.e tirne-schedule may be got noted from all t
h
concemei,.,-.r srnct observ.auce. t
(Daljit Singh )
Superintenderrt I
\o. l9( 13)79-V(3)/5038 Dated, Chandigarh , rhe 21 st July 1981
I

A cop-v ls ibru'arded tot-

i Budget & Establishmenr Oflicer, Vigilance Department, purjab

l. Superintendent, Vigilance I Branch.
3. Superintendent ,Vigilance II Branch
4. Superintendent, Vigilance III Branch .

5. District Attomey, Vigilance Deparrment ,punjab

6. Examiner .{,ccounts, Vigilance Department .punjab.

for irtbrrnation and necessaly action.

l
2. It has been decided that action may be taken in this Department for
I

d.isposal of reports submined by the Vigilance Bureau ,punjab as Under:-

(D Examination of the reports submitted by the Vigilance Bureau

even rvhere a back reference is necessary to obtain further

r l8
 information from the Vigilance Bureau should be cotnPletad
within a period of three months .

(ii) r\ period ofone and half month should suffice for disposal at

the level of Secretary Vigilance and Chief ivlinister.

(Daljit Singhl
Superintendent.

I
119

l
 GOVERN;a{ENT OF PITNJAB I1-7-l9El Underta

DEPARTMENT OF VIGILANCE should I

(ViGILANCE -I BRANCH ) other r

COll! i'l
To
(a)
The Director ,
Vigilance Bureau,Punjab, (b)
Chandigarh.

Memo No. 19(45)80-q3)/5040

Dated: Chandigarh the 21 st July ,1981

(c)

Sub: Guidelines For lmproving The Working Of Vigilance Bureau, Punjab .

(iii) Thirdl'
I
Punj at
I
Reference your office memo No. 36874/8 iCC-6 dated thc 1 I th dispror

Februar)', 1981 on the subjecl noled above. propo.(

I Punjat
2. The suggesrions gi,,en by you in tire letter under reference have been
CBI *
considered by the Gol.t. and in order to improve the working of the Vigilance
(iv) As re1
Bureau, Funjab the following decisions have been taken:-
lnqulr
(i) It has been decided that enquirieVcases against the political leaders instrur

n'\ay nor be enmrsted to Vigilance Bureau, Punjab so that they may merits

concentrate on enquiries icases against Govt. employees or I

I crinrir
t
employees of Public undmakings Pending the constitutions of cases

Lokayulita or Lokpal enquirieV cases against the political leaders suppo

may be handled by CID and the Home Department and in future such (v) As re1

complainrs may be refened to them. Enqui

Vigila
(it;, lt has also been decided that enquirieVcases should be undertaken
vestec
selectively and enquiries need not be initiated in each and every case in
witho
which allegations are made against employees of Gort./Public
Burea

120
iI
Undertakings .Normally enquiry relating to the following alles2don
should be conducted by the Vigilance Bureau and enquiry relating to

other types of allegations rnay be left to be looked into bv the

corrcemed Departments /Ileads of Departrnents.
(a) Assets disproportionate to the know sources ofincome.

(b) Allegations constituting offences under prevention of

Comrption Act and under Sections 161, 162,.163, 164, 165_A,
166, 168, 169 170, r.tl,t 4og/420, 467,488,47t_N 4.77t 120-
B of Indian Penal Code ( IpC ).

(c) Allegations of moral turpitude.

(iii) Thirdly it has been found that the proposal of Vigilance Bureau,
Punjab for the services of one DSp to look into cases of
disproportionate assets is justified. you may therefore, submit a
proposal suggesting the competent, well reputed and experienced
Punjab Police retired or in service for the purposes, having
background
CBI work.
1
(iv) As regards registration of criminal cases pending for completion
of
inquiry, it has been decided by the Govt. that no amendnlenr
in the
instructions dated 9.5.78 is called for. Every case will be
examined on F
,
merits and where material on record justified the registration
I of
I criminal case, the same can be allowed to be registered and
in other
cases fuither justification has to be fumished by Vigilance Bureau in
support of their proposal.
(") As regards the proposal to vest all powers for the
disposal of Regular
Enquiries/ criminal cases against non-gazetted
offrcer in the
Vigilance Bureau it has been found that already
sufficienr po\\,ers are
vested in the Vigilance Bureau for such disposal independently
without reference to the Govt vide instructions
dated 9.5.7g Vigiiance
Bureau is competent even to refer the cases
against non-gazetted for

t2I

4!
 prosecution sanction directly to the Head of the Department
concerned and only proposals for filing crimlnal cases as untraced and (d
reports of Regular /Preliminary case enquiries against non-gazetted
officers are required to be submitted to Govt. as per instructions dated t
15.10.1979. After considering the whole matter the aforesaid
instnrctions are modified to the extent that reports of
T]
Preliminary/Regular Enquiries may be sent directly by the Vigilance
COnCemei
Bureau to the Head of the Department concemed for appropriate
action and ensure necessary action against the delinquents by necessary
correspondence wilh them . It is further decided that intimation to this

effect should always be sent to this department whom reference to the

head of Department is made for prosecution sanction or result
of
enquiries is conveyed to them.

(vi) Lastly it has been found that vanous decisions taken by the Govt. are
not implemented by the Vigilance Bureau in letter and spirit
, thereby
resulting in delay in the disposal ofenquiries /case for example:-

(a) Drafl chargesheet alongwith the Final report rvhere

departmental action is suggested against the delinquent
is not
fumished there by necessitating a back reference for the
purpose and delaying the disposal by a period of
3to 6 months.

(b) Comments on the reply of the oflicers to the charge

sheei are
required to be lubmitted within a period of one month but
generally such comments are submitted after period
a of 6
months to one year.

(c ) Clarifications on essential points are submitted generally

after a
period of three months to one year and investigating
officers
when summoned for clarifications take- long
time to come and
sometime they are not ready with the requisite information.

t22
 (d) A time schedule has been laid down for the submission of
reports in PE /REs within a period of 2 monthV6 rnonths but
this is seldom adhered to. In future the decisions ofthe Gov1.

on these points should be complied with strictly.

The above decisions of the Govt. may be brought to the notice of all
concemed for compliance in letter and spirit .

:.

t ,l'l

I
I

I
I
I{

a\

123
 I,:

GOVER}JMENT O}' PIhiJAB

2t-7-1981
t
DEPARTMENT OF VIGILANCE It,
(VIGILANCE I BRANCH) I

21-7- 1981

Subject:- Departmental action against All India Service Oflicer.

\Yill the:- To
(i) Departnent of Personnel &Adminishative Refomrs,
{
Punjab I
(ii) Department of Home ,Punjab and
(iii) Depanmenr of Forests, Punjab,

II
refer to the subject noted above. 1
1
,t
Subje,
I
2 lt has been decided by the Govt that although Vigilance Deparlment is i
competent to rake depa(mental action against Alt India Service officers for
imposition of minor or major penalties yet as a matter of policy action
for letter
imposition of such penalties on All India services Officers may
continue to be and k
taken by the respective Administrative Department as heretofore
as they have para I
to consult the Union public Service Commission an<I Ministry of Home
AJfairs. Govt. oflndia, before imposition ofsuch penalties
.

Deprity Secretary,Vigilance.

i
I
To,
)
l) The Dqrartment of Personnel & A.R.punjab accor
2) The Department of Home ,punjab.

3) The Department ofFoiests, punjab.

U.No. l9l13/79-V(3)/ Dated Chandigarh, the 21'r July,1981

No lt

121
 No19(3s)8o-v(3)/1e1o
12-{-198X
PUNJAB GOVERNMENT
DEPARTMENT OF VIGILANCE
I
(VIGILANCE.I BRANCH)

To
All Heads of Depanment ,Registrar, Punj ab &
Haryana High Court , Commissioners of Divisions \-a
and Deputy Commissioners in the State.

Dated, Chandigarh, the i2 April, i982.

Subject:- EradicationofComrption

I am directed to invite a reference to Punjab Govemment circular

letter No.7462-V(l)-67126554 dated 15-9-1967 , on the subject noted above
and to say that the Government have decided to substitute the Note II below
I
para 1(D) thereof as uuder:-

'The Vigilance Department would not take cognizance of

anonymous and pseudonymous complaints and the same would be
I destroyed 1filed."
I
2. I am to request you that the above instructions ma-v be amended

accordingly and brought to the notice of all concemed.

I Yours faithfully
I
I
I
(Guiwant Singh) i\.
I
I
i
I
Deputy Secretary Vigilance

,1

No 19(3s)80-V(3)/1 891 1 Dated, Chandigarh, the 1? April, 19E2.

125
 4-8-1982

the 4 th August'1982 '

issued by
10834' dated
Copy of letter No' 4/3/81lPF
i
Polices
of Personnel and Administrative Reforms(Personnel
the Deparfilent
and Haryana
to all Heads of Departments' Registrar 'Punjab To
Branch) addressed
and Sub -
of Divisions all Deputy Commissioners
High Court ,Commissioners
all the Administrative
Divisional Oflicers (Civil) in the Siate and copy to A

Secretaries to Government'Punjab' R

cases 'where the tum of

an A
Subject:- Procedure to be followed in
up il
is subject to an enquiry comes
officer/official whose conduct
to higher post'
for retirement or Promotion
T

Sub: I
Dated: 4-8-1982
t
to Punjab Govemment circular
I am directed to invite a reference
15.4.1981 on tlre subject'
where in it was
letter No. 4/3,/81 .lPP/3
0o,dated
5

be with-held Sir,
emphasised r\at the promotion
of an employee on the date should
rules
only if actionable marerial under
the relevant punishment a'rd appeal
him undei
been brought out and it was intended to take action against
had expedit
considered furthcr and it has
now been
rules. The matter has becn
the said Officet
that preliminary enquiries will
not affect
decided by the Govemment Coven
h:ve
regular enquiries where charge-sheets
promotiodpension etc' and only up due
taken
or chalrans have been put up in a court of law shourd be
been served the or
of the concerned
'into consideration lor withholding the promotior/pension requis
1
emploYee .
consit
notice of all
2. The above instnrctions may please be biought to the emplc
Vigill
concerned.
due t
-) Please acloorvledge the receipt of this letter'

126

ryIEE
 No. 19/6/83-V(3)/iE5 1S.1-19$l

l GOVERNMENT OF PLINJAB
DEPARTMENT OF VIGILANCE
tbv
,lices
(VIGILANCE I BRANCH)

yana
To
Sub -

rative
All Heads of Department ,

Registrar, Punj ab and Haryana High Court'

of an All Commissioners, and Deputy Commissioners
1es up in the State.

Dated:Chandigarh, the 15 th Feb., 1983

Sub: Expeditious disposal of departmental inquiries being conducted by

ircular the Inquiry Officer, Vigilance Punjab

.it was

th-held Sir,
rl rules
I am directed to rei'er to above subject and to sate that the question of
r undei
w been expeditious completion of the department inquiries conducted by the Inquiry

t affect Officer Vigilance Punjab Chandigarh,has been engaging the attention of

:ts have Govemment. It has been observed that these departmental iaquiries get struck

)e taken up due to frequent absence of the Govemment employees facing enquiry, on

,nCemed the one ground or the other as well as the delayed supply of the records
requisitioned by the Inquiry Offtcer from various quarters' After
consideration of the matter , it has been decided that the Govemment
:e of all
employee facing enquiry shall appear regulariy before the lnquiry Officer,
-
vigilance, Punjab on each date of hearing and if his absence is unavoidaui
due to exigencies of work or otherwise on any date of hearing, he
will be

127
required to submit a certificate to his supen'isory oflicer explaining the

reasons for abserce on that date failing which the enquiry rvill procced ahead.
As regards records requisitioned by the Inquiry Officer., Vigilance punjab in

connection with inquiries pending before him, il will be the sole responsibility

of the Administrative Department and Head of the Department concemed to

ensure that the records are fumished to him before the due date, failing which To

the probable date for its supply rvill be intimated to the inquiry Officer .
Tht

' vir
).' Acaordingly , you are requested to bring these instructions to the notice
Ch:
of all the Govemment employees of your department and to ensure their
meticulous compliance . yours faithfull5 N{e

sd/- D"t
.. M.M. Oberoi Sub: Pol

Deputy Secretary, Vigilance. Car

A copy is forwarded to the Financial Commissioners, and all

Administrative Secretaries to Govemment punj ab for infonnation and similar Rel

action. on thc subj

sd/-
M.M. Oberoi 2. Co'

Deputy Secretary, Vigilance. class II ca

To safcguards

intimatron

The Financial Commissioners and all of thc allel

Administrative Secretaries to Govemment Punjab.

U.O.No.l9l6/83-V(3y Dated:Chandigarh,thel5uFeb.,lgS3

A copy is forwarded to the Director, Vigilancc Bureau, Punjab for

information.
No. l913/8
2. He is requested to ensure that complete addresses of witnesses are
given in thc drafts of iharge-sheets supplied to the Gort. A
Establishm

r28

l
I
 GOVERNMENT OFPLINJAB 15-1-19E3
I
DEPARTMENT OF VIGILANCE
I
(VIGILANCE IBRANCH)

I To
{

The Director,
Vi gilance Bureau Punj ab,

Chandigarh.
t

Memo No. 19/5/83-V(3Y787

Dated:Chandigarh,l5 th Feb, 1983
Sub: Policy And Procedure Relating To Vigilance Enquiries And Vigilance
Cases.

Reference this Deptt. Memo No.l9ll/79-V(3y 1249 dated 22.2.1980,

on the subject.

2. Govt. have decided that regular enquiry against any gazetted oflicer
class II can also be registered by the Director, Vigilance Bureau, but with
safeguards against any abuse/misuse in the matter. Funher the requisire
intimation about the regisration of any such enquiry together with summary
of the allegations (in duplicate) shall be sent to the Govemment immediately.

- sd/-
M.M. Oberoi
Deputy Secretary, Vigilance.

No. 19/3/83-v(3)/788 Dated : Chandigarh the 15.2.88

A copy is forwarded to all the Supdts. including Budger &

Establishment Officer of the Vigilance Department Punjab.

I 129

I
{

I
I
 No.I9r 7r 83-V(3)/2826
l6-2-r 963
according prosec
mind to the fact
GOVERNVENT OF PUNJAB
sanction as expr
DEPARTMENT OF VIGILANCE
comrption case.
(VIGILANCE I BRANCH)
To

All Heads of Depanments, Registrar,

Punjab and Haryana High Court and

AII Commissioneh ahd Deputy Commissioncrs

in the Statc.
A copy t
J Financial Comm
Dated: Chandigarh,the l6,h Feb., 1983
Punjab for inlon

Sub: Policy and procedure relating to sanction for prosecution in respect of

vigilance cases

Sir,

To
I am directcd to invite your attcntion to the instructions contained in
All thc Fi
the Punjab Govcmmenr circular lener No. 2l24-V(3) -7El5g61 dared
Administ
I1.7.1978( copy enclosed for ready reference) and to say that some instances
I
Punjab.
have come to the notice of Govemment that when Vigilance
Bureau/Departrnelt approach the authority competcnt to grant sanction for U,No l917/81-Vr

launching prosecution as required undcr section 6(r) ( c) of the prevention

of
' comrption Act, the requisite sanction is sometimes derayed inordinately and
in some cases it is granted mechanically without applying mind to thc facts
and circumstances ofthc case, creating thereby numerous complications in the
smooth disposal of the comrption case. It is therefore, again requested
that the
aforesai.d instmctions may be strictly complied with in the matter of

130
 ,._*-E!rF!

according prosecution sanction. The competent authority after applying its

mind to the facts and circumstances of the case may grant the requisite
sanction as expeditiously as possible to ensure speedy disposal of the
comrption case.

Yours faithfully,
sd/-
M.M. Oberoi
Deputy Secretary, Vigilance.

A copy alongwith a copy of the enclosure is forwarded to all the

Financial Commissioners and Administrative Secretaries to Govemment
Punjab for information and necessary action .

f sd/-
M.M. Oberoi
Deputy Secretary, Vigilance.

To
n
All thc Financial Commissioners .&
d
Administrativc Secretaries to Govemment
:8
Punjab.
re

,r
U.No l9/7/83-V(3)/ Dated : Chandigarh the 16 th Feb.,l983

)f
d
!s

le

le
I
)f

l3l
 GOVER.,\MENT OF PLTNJAB 22-2-1983

DEPARTMENT OF VIGILANCE
(vrGrLANcE r BRANCH)

To

The Director,

Vigilance Bueau Punjab, To

Chandigarh.

Memo No. 19/2/83-V(3)i l03t F

Dated Chandigarh : rhe 22dFeb.1983

tl

Subject: Guidelines for improving the working of Vigilance Bureau

Punj ab t
Subject :

Ref. Para 2(I) of the Departrnent Memo No. 19(45)80-V(3y5040 dated

2l .7.1981, on the above subject .

Sir,
2. Govt. have funher decided that' complaints against Sarpanches,
Panches and Municipal Councillors shall not be looked into by the Vigilance I
Depanment /Vigilance Bureau hereinafter .Any such complaint will be passed Covemr
on to the concemed Administrative Department for appropriate action which i l5-9- 19,

may get it investigated through Home Department /CID whcrever the appoint
investigation is deemed nccessary . afler ob
I
corrupti
l. The above decision may be complied with and suitable instructions
Oflicer/
may be issued to all concemed for slrict compliance in this behalf .
No.l l2l
instnlcti
Sd/- indicatir
M.M. Oberoi thereon.
Deputy Secretary, Vigilance. Departn

t3?
 '-\_----,-l

No .19/8/E3-v(3/1447
t4-3-1983

GOVERNMENT OFPT'NJAB
DEPARTMENTOF VIGILANCE
(VIGILANCE I BRANCH)

I To

All Heads of Department, Rogistrar

Punjab and Haryana High Court and

All Comrnissioners and Deputy Commissioners in

the State.

Dated, Chandigarh the 14 th March, 1983.

Subject : Setting up Vigilance Cell to monitor the working of Chief
Vigilance OfficerAy'igilance Offtcers

Sir,

I arn directed to invite a reference to the abovc subject and to say that

Government instructions circulatetl vide lctter 1,1o.7462-V( I )-6 7126554 darcd

l5-9-1967, inter-alia required every Deparlrne ic{r/eriment Undertaking to
appoint a Chief Vigilance Officer and a requisite number of Vigilance Olficer .

after obtaining approval of the departnrent of vigilance, in order to process

corruption cascs against their employees . The functions ol Chief Vigilancc
Officer/Vigilance Oflicer were defined vide Governnrent circular letter
No.I 1286-V( I )-67 dated 8-2- l 968 Subsequent to it vide Govemment
instructions dated 15-10-1979 , registers were required to be maintained
indicating complaints received againsr their emplol,ees and action taken
thereon. Besides quarterly reports were required to be sent to the Vigilance

Department about the work done by the Chief Vigilance OfficerAy'igilance

133
 4, lt has
Officets in prescribcd performa which were circulated vidc Pb. Govt. letter to agse$ the
No. 19/4?179-V(3) datcd 2l-l 2-1979. decisions ef
month of A
2. ln acrual pracrice ,various Departments have tended to play down
Departmertt.
Itcir responsibility. Despite the issue of various circular letters to all the
Undertaking
Dcpartrnents iGovemment Undertakings ,some have not so far appointed their

Chief Vigilance Officcr/Vigilance Officen . Similarly, quarterly reports 5. You

abot.{ r-rrruption cases are not generally received fronr most of the
concerned I

DepartmentslGovernment Undcnakings , It is not know whether the registers 'Vigilance 1

hatc bccn maintained and progress of comrption cases is also revicwed by
*rcm from timc to time.

3. It is, therefore. again emphasised that:-

(i) All Administrative Departmcnts, Hcads of Dcpartments,

Govemment Undenaking may rppoint Chief Vigilance
Officers . and requisite numbcr of Vigilancc Officer before I

3l-3-83 and compliance report in this behalf may be sent to I

j
Vigilance Depanmeut. l

( ii) ln terms of para 1(i) of Pb. Govt. circular letter No. l9/1i79-
V(3y9135 dated 15-10-1979 the registers in respecr of
complaints of comrption and cases referred by the Vigilance
Department and. otherwise may be maintained and completed
before 3l -3-1983.

(iii)
^uarterly reports as laid down in Punjab Govt. circular letter
r\ No. 19/47l79-V(3) dated 2l-12-1979, about the work done by
Chicf Vigilance Officer and Vigilance Oflicsrs may be sent by
15 th of thc month following the quartcr positively. All
previous circulars about sending of repons in respect of cases

of suspcnded Gort. enrpbyees and work done by the Chief

Vigilancc Ofliceland Vigilance Officers may be treated as
wirhdrawn.

l14

i
t
I 4.IthasalsobeendecidedtodeputeteamsoftheVigilanceDepanment
I
to assess the work done in the malter itr order to inrPlemcnt GoYctrlrncnt
decisions effectively- This proposed inspection will commence from the

monthofApril,lgS3withadvancenoticetotheconcemedAdministrative

I Department, Head of the Dcpartment ,Chief Executive of the State

I Undertaking at least 10 days in advance of the visit'
I
5. You are requested to bring these instructions lo the notice of all
concemed for strict compliance and to extend full co-operation to
the

'Vigilance Team' which might inspect their offices'

Yours faithfullY,
sd/-
M.M. Oberoi
DePutY Secretary, Vi gilance.

135

<-..
E
FF-* ^ -i!}.
f

No.l9rli79v(3)/2644 23-5-1983

COVERNMENT OF PI.]NJAB
DEPARTMENT OF VIGILANCE
VIGILANCE I BRANCH

To

All Heads of Dep ertments,

Registrar, Punjab& Haryana High Court and

All Commissioners of Divisions and Deputy Commissioners

in the Statc.

Dated, Chandigarh ,the 23d May,l9E3.

Subject: Policy And Procedurc Relating To Vigilance Enquiries And

Vigilance Cases.

Sir,
't
I am directed to say that the question of revision of the cxisting policy
coml
& proccdurc of enquiries had bcen engaging the attention of the
Govemmcnt with a view to st.pping up efforts towards eradicating
comrption in Adminisration. Afier consideration of thc wholc mattcr, it has
bccn dccidcd as under :-

(a) Thc policy laid down vidc your letter No 2293-V(3)-78t4245

dated 9/5/7E will hcnccforth be followed but with dcletion of
Adm
thc modification made vidc our lctter No.l9l1/79-V(3)/9135
nece!
datcd 15.10.1979 in respect of thc enquiries against non
guzcned cmployccs which the Dircctor, Vigilance Bureau was

136

t
l
 j"r

empowercd to unde(ake. lt is also decided that routme .l

l

enquiries against gazetted employees be dealt rvith by

respectivc Administratil'e Departments frotn now onu ards and
the work done by the Administrative Depanments to root out

corruption will be subject to periodic review & inspection by

I
the Vigilan0e Department. I I

ir) In the matter of promotion, Vigilance Clearance Cenificate rvill

not be necessary .after infomration abotlt the perrdi'ng
enquiries/cases has been passed on by the Vigilance

Department i Bureau to the concerned Administrative

Department /Head of Departments. As the information about

the registration of new enquiries /case is regularly supplied to ' -l:-\
all the conccmed Departments , it will be possible for them , to
.\
keep there information about the vigilanco cases /enquiries in
progress against their employees by nraintaining suitab)e !

registers and to take the same into acsount at the tinre of

promotion . Till such time this information reaches thent the'
Vigilance Clearance. Certificate may continue to be obtained.
\'l
iYou are requested to take action accordingly, and ensure meticulotrs
in this behalf by all concemed .

Yours faithfullv
Sd;
I
M.M. Oberoi
Deputy Secretary, Vigilance.

A copy is forwarded to all the Financial Comrnissioners and

nistratiye Secretaries to Govemment Punjab for information and

iary action. sd/- I

M.M. Oberor
\
Deputy Secretary, Vigilancc 1

ll7

T
 *

To
t
All the Financial Commissioners and

Adrninistrative Secretaries to Govt., Punjab.

U.O.No. t9tll79-V(3)/ Dated Chandigarh the 23'd May ,1983.

To

For Director , Vigilance Bureau, Punjab only:-

In addition to above , it has also been decided that the Vigilance

tr
t:

Bureau , Punjab shall adhcre to the rime scheduled for the completion of
investigatiin of preliminary , Regular enquiries and criminal cases as laid
dorvn vide Vigilance Deparrment Memo No.l9110179-y(3)/3054 Dated 4-7-g0

slrictly and the individual cages where more time is required shall be referred Subj e<

to Vigilance Depanment alongwith dctailed reasons for the extension of time .

Further, it is requested,that thc information about the pending

t Sir,
enquireVcases against the gazetted offices of various Administrative
Depanments may be prepared in the enclosed performa and fumished to this

Deparlment (in duplicare ) for transmission to them. In the case of non Level
gazetled cmployees, this information mey be passed on the Heads of regarc
Departments with intimation to this departmcnt . the t'u

the p
sd/-
emplc
M.M. Oberoi
.. Depar
Deputy Secrctary, Vigilance.

19/8/t
Head:

Chief
cases

llE
I
I
 --!
GOVERNMENT,OF.PUNJAB I 9-11.1984
DEPARTMENT OF VIGILANCE
(VIGILANCE - I BRANCH)

No . 1 9(3)-84-3V(1Y8987

To

All Heads of Departments

\
,

Registrar ,Punjab & Haryana High Court,

All Commissioners & Deputy Commissioners

in the State ,

Dated: Chandigarh the,29 th Nov, 1984

Subject: Implementation Of The Recommendations Of The High Level
I
Committee.
I

I Sir,
I
I

I am directed to refer to the above subject and to state that the High

Level Committee on Punjab Adnrinistration , in its recommendations

regarding the Department of Vigilance has stressed the need to ginger. -up
the functioning of the intemal Vigilance in difibrent Departments , because
the primary responsibility to root -out corruption amongst Govemment
employees mainly lies on the Administrative Departments and the Heads of
Departments .

According to the Govemment instructions , circulated vide letter No.

l9l8/83-V(3)/1447 Dated 14-3-1983 , all the Administrative Departmenls and
Heads of Departments have ,for the purpose of intemal Vigilance ,to appoint
Chief Vigilance Oflicers /Vigilance Officers, maintain registers of Vigilance
cases with a view to review the disposal of Vigilance cases and send quarterly

139
E.r-\. -

progress reporis .During the inspection conductcd in the past , since issuc of
these instructions , it has come to notice that some of the Dcpartments have
yet to appoint Chief Vigilance Oflicers Ar'igilance Oflicers and start registers
prescribed performa . Similarly quarterly progress reports arc not 6eing
received rcgularly . You are therefore requested to ensure that the needful is
done rvithout further delay with intimation lo this department with in a fort-
To
niglrt .

Youn faithfully,
s-d/-

M.M. Oberoi
DepUy Secretary, Vigilance.

I
Sub

Sir,

the

7-'t,
deli

Go'

asr
7 mir
enq

des

l{()

"-.2
 No.t9/T/E3-v(3y9029

-l 0-r t-198i

GOVERNMENT
OF PUNJAB
DEPARTMENT
OF VIGILANCE
(VIGILANCE -I
BRANCH )
To

All Heads of
Departments Registrar.
,
Punjab and Haryana
High Coun and
AII Commissioners and
Deputy Commissioners
in the State.

Dated : Chandigarh
rhe 30_l t-1984.

Subject: Policy And procedure

Relating To Grant Of
Sanction For
Prosecution In Respect
Of Vi
Recommendation or
or High r":ji:::*::.rmprementation

Sir,

I
am directed to invi
your attention to the
ins'uctions contained
the punjab Govemment in
circrte
7-te78andNore7,83;:[li',"::',']l;,i,']li'!li,::::,,._..,,i:
delay for granting
sanction to launch prosecution
have come
Govemmenr because
when
',*" cor to the notice of
tent authority is approached
as so required ry's "o.,*r""r::,r:..-":' for the purpose
o or trre pr]m
of Comrption Act,
Elind to the material instead of applying-
.or,".,.r"n,,on
uirres are staned
r"r rrX"1:H, rr:,:.1
;nc
desirc to interfere "
in the discrction ofthe. "::';:il ;j"}',":il:*
competen, o.r,y whan deciding
"u,t

t4t
thc qucstion of sanction ,howevcr fterc sccms to be no justification in law for

thc compctent authority to hold or cause to be held a parallel inquiry

especially whcn the policc has alrcady held regular investigation undcr its
satutory powen It is, therefore, again requested that the aforesaid
imtnrctions may strictly be complied with in the matter of according
To,
pnos€cution sanction and that all such cascs may be decided with promptirude.

Yours faithfullY,
sd/-
Dcputy Secretary , Vigilance,

Subject:-

Sir,

contained

and l9l'l I

the notice

approachr

initiated
.oil..t.d
interfere
question

competer

already h

reiterated

of accord

t42
 -----.- ]:ffit

No .19/7/83-V(l 2)/606{
20-6-t?ga

GOVERNMENT OF PUNJAB
OCPERTUENT OF VIGILANCE
(VIGILANCE I BRANCH)
To,

All Heads of Department,

Regishar, Punjab& Haryana High Court and

All Commissioners &Deputy Comr.nissioner, in the State.

Dated, Chandigarh, the 20 th June,l986

Subject:- Policy and procedure rclating to grant of sanction for

prosecution in respect of Vigilance cases.

Sir,

I am directed to invite your attention to the instructions

contained in Govemment circular letter N o.2424-V (3)-7 8/5 861 dated I 1.2.78

and l9l7l78-Y(3)/9029 dated 30.11.84 and to say rhar instances have come ro
the notice of the Govemment that sometimes when the compctent Authority is

approached to grant sanction to launch prosecution ,parallel inquiries are

initiated to verify the incident etc. instead of applying mind to the marerial
collected during investigation. While the Govemment has no intention to
interfere in the discretion of the competent authority when deciding the
question of sanction, however there seems to be no justification in larv for the

competent authority to hold parallel enquiry especially when the police has
already held regular investigation under its statutory powers. It is , therefore,
reiterated that the aforcsaid instructions may be strictly followed in the mattei

of according prosecution sanction.

Yours faithfully,

(S.M.Dua)
I
Deputy Secretary Vigilance .

143
F:. r

No. I 9/6/83-l4v(l)/7 I3 2E-1-19E7 whicl

servi<

Government ofPunjab requi.

Department of Vigilance time

(Vigilance I Branch) Offic

To.
')

All Heads of Departrnents, Inqui

Registrar, Punjab & Haryana High Coun, simu

All Commissioners of Divisions and addit

the ?eputy Commissioners in the State. that r

J.
Dated,Chandi garh,the 28s January, 1 987.
inqu;
Subject: Entrustment Of Departmental . Inquiries By Various a col
Administrative Departments To lnquiry Oflicer Vigilance and r

ensu

Sir,

' I am directed to refer to the subject citcd above and to say that
Covemment have observed that in the depanmental proceedings cases, the
lnquiry Officer appointed by thc various Departments are either in'
experienced or cannot devorc rcquisitc timc being pre'occupied in other
depanmental work thereby dclay the submission of the inquiry ieports. Thus

tbe vcry purpose of depanmental proccedings is forfeited becausc delay helps Adn
- .
lhe witnesses being won ovcr or thc evidence being destroyed or tempered acti<
'- - with and as such the suspects 8o scol'frco . In this light of thc matter , it is
suggestd that in depanmental proceedings cases against the gazetted officers'
you may entrust depanmental inquiries to thc Inquiry Oflice(Vigilance)

144

l
 -=---(i

which is an independe,r and speciarised agency. you will be getting the

services of and independent and well expericnced Inquiry Officer rvho has
requisite staffalso. In this way.the inquiries so conducted will be cornpleted in

time and will be free from legal infirmities. The present address of the lnquiry
I
Officer Vigilance is as under:- I
I

"Inquiry Officer, Vigilance. punjab, SCO.NO.3003-3004, Secror 22_D.

Chandigarh.

2. It is further stressed thal while entrusting departmental inquiry ro thc.

Inquiry Oflicer, Vigilance, a sum of Rs. 5001 may be deposited

simultaneously to meet expenditure for sumnroning witnesses. Whenever an
additional amount for the purpose is required by the lnquiry Officer, Vigilance
that may also be deposited expeditiousty ro avoid delay.

3. You are, therefore, requested that henceforth when a deparlnrenral

inquiry against a gazetted oflicer is entrusted to the Inquiry Officer. Vigilancc
a copy of the order may also be endorsed to this Department lor infonnatron

and record. These instructions may be brought to the notice of aI concemed to

ensure meticulous compliance thereof.

Yours faithfully.
I
1

(S. M.Dua)
Deputy Secrerary, Vigilancc

I
t
A copy is fotwardcd to al, the Financial Commissioner, antl
Administrative searetaries to Government, punjab for infomration
and sirnirar
I rction.

i
!
. (S.M.Dua)
t Deputy Secrerary, Vigilance

v
145

) ..
1
 Govt. ofPunjab 24.6-1967
so
Department of Vigilance
sit
(VigilanccJ-Branch)

3.

To qu

en

The Director, d
Vigilance Bureau, Punjab, I

Chandigarh. r
t

Mcmo No. I 9/5/E7.V( l4y5 I I 89 c

Dated, Chandigarh,thc 246 June,l987. i

Sub. : Laying Down Time Limit For Submission Of View point By Thc c

Suspect Officcr/Oflicial During The Investigation Of Vigitancc

Enquiries.
I

I (
J
I
I
I
Referencc your noted communication on Dt.2l .1 l.l9g6 on thc I
thc above subject.
4
2. Your attention is invited to Go\.t. instructions issued with circulir letter
r
No.39l4'ACD'5d8810, dated 20.9.1956 vidc which it was raid down that rhc i t
spccial Inquiry Agcncy now Vigilancc Bureau should invariably interrogate I

rnd obtain rhc vicw point of rhc ofliccr complained against at thc errlicst
porsiblc moment arlcr rtarting thc cnquiry. Because I
this coursc enable Govt.
drop frivolour eharga aftcr leaming the offrcers point of view and
,to also
I
introduces an clemcnt of fairness for the officer himsclf,
in so far as hc gets a
chlncc to clear his position before he is chargesheetcd, Accordingly
-:.- dcsircd that it was
tll Govt. leruan* against whom enquirics may bc procecding or
may be instituted in future, should, in the interest, both of themselves
as wcll
as of Gort, should submit willingly to intenogation by
officers of the special
Inquiry Agency (now vigilance Bureau). The statements of the
Govt. servants,

146

r- _I
 {!lEt

so recorded, are to be read over to them by

the rntenogaring offrcer and then
signed by the concemed Govt. servanr.

3. So far as rhe matter of obtaining view point after serving

questionnaire on the suspect officer during
the investigation of a vigilance
enquiry is concemed, it has been decided that
one month,s time may be
allowed to him to submit his view poinr by categorically
indicating rhat he
himself will be responsible to make arrangcmerts
and ro consult the relevanr
records, ifany, during the prescribed period
at his own leve). However. where
the suspcct officer requires reference to records
and depending upon thc nature
of the case, instead of one month, two month,s time may
be allowed at the
initial stage. Thc evidence/proof about service of questionnaire
or the
communication tecking view point, will bc placed on the police ile of
vigilance enqufu1. Ilowever concemed Supdt. of police/VB
uill be competenr
to allow extension of one month where it is duly justified.
If the suspect
officer fails to submit his view point within the prescribed
period, the
Investigation officer may finalise tbe rcport ard
submit the same to vigirance
Bureau through Supdt. of police/VB concerned.

4. It is rcquested that the instructions corttined in para 2 and

3 above
may be brought to the noticc of all concemed for meticulous
compliance
thereof..

(S.M.Dua)

Dcputy Secretary, Vi gi lance

t4'l
{:.--

No. I 9r9rS7-v( I 4)i5.152 3-7-19t1 a lrer

and

GOVERNT,TENT OF PUNJAB of s

DEPARTMENT OF VIGILANCE
(VIGILANCE-I BRANCH)

To

All Heads of Departrnents,

Registrar, Punjab & Haryana High Court,

Commissioners of Divisions and

All Deputy Commissioners in the State.

Dated, Chandigarh, rhe 3d July, 1987

Subject:- Policy and procedure relating to grant of sanction for

prosecurion in respecr of comrption cases
Sir,

I am directed to refer to you on the above subject and to say that in

spite of issue of instrucrions from time to time, instances have come to the
notice of Govemment rvhere Vigilance Bureau/Department approachetJ the
authority competent to grant sanction for launching prosecution as required
under section 6 ofP.C. Act, 1947, the requisite sanction has, some times, been

delayed inordinately by starting their own enquiry or by causing the case to be

looked into by some subordinate oflicer and in some cascs it has been granted
mechanically wilhout applying mind to the facts and circumstances of the
case, thereby creating numerous complications in the smooth disposal of the
corruption case. \\thile Govemrnent has no desire to interfere in the discretion
of the compqtent authority in the matter of deciding the question of sanction,
there seems to be no justification in law for the competent authority to hold or
cause to be hold a parallel enquiry into the matter in which the police has
-l
1

l
l4s l
I
 already held regular investigation under its statutory
power" Lr the smooth

and speedy disposal of corruption cases, it is requesled thal the cases of grant

of sanction for prosecution may be decided expeditiously' ;

Yours faithfullY,

(S.N,I. DUA )

i, DePutY SecY Vrgilance'

149

)
s
 Govemment of punjab ls.l l-19e7
Depanment of Vigilance

( VigilanceJ Branch
)

To
Th
To
Pu

The Director,
Mt
Vigilance Bureau, punjab,
Dc
Chandigarh.

Subject:
Memo No. t9 t S /g! -V (t 4y967 O
Dated Chandigarh, the 196 Nov., I9g7. I
I
t
I Flt
Sub:- Policy and procedure relating to Vigilance i
enquiries and Vigilancc
c ases
j the subjeci

i 2ln
I
i
_j
Vigilance
Rcfcr this Dcpanment Memo No. lgtS/83-V(3y7A7
dared 15.2.1983, i enclosed).
on the above subjcct.

I
2. ln order to streamline thc workilg ofVigilance
enquiries and cases, the
GovL havc now decidcd that no criminal case/enquiry,
arrest; laying of traps
and conducting raids on the rcsidanccs of 2.
ofEccrs of Class.IL Gazetted
Offccrs of major Hydro-clecuic and lrdgation projoclr
may be allowcd
without thc prior permission of thc Crovemmcnt.
In thc casc of chss I officers
thc prior pcrmission of thc Govt. wilr
be nccessary as hcrc to forc.

3' It is re{ucsted that thesc instructions may

bc cirtulstcd to alr concemcd 3

olficcrs working und.r your controt for

compliancc.

(s.M. DUA )
Deputy Secraary to Govt. punjab

150
. Vigilance Depaftment.

J
 : !
11-2-r9tE
Govemment of Punj ab

Dcpartmcnt of Vigilence
(Vigilance-l Branch)

To
Bureau'
The Chief Director, Vigilance

Punjab, Chandiguh'

Memo No. 14/28/8?-V(1)/850

Dated, Chandigarh, the
l1u'Feb"1988'

Subject: Sourcc rePort No. 37l87-Patiala

i

No' 29052^/B/CC'5 dated l5'12'1987 on

Pl..r" refer to your mcmo

thc subjcct noted abovc'

were issued vidc Punjah Govt'

2 ln this respcct necessary instructions
5'2-1981(copy again
No' 19(22)80-V(3)/869 datcd
Vigilancc Department
stressed :'
instructidnethc following points werc
.n]ro.ral. In thesc I
must
Report' the offrcer concemed
I' Beforc initiating the Source
the informcr'
veriS thc information given by
against
making falsc sccusations
2, To kcca a chcck on informers
6le
offrcials rhould ask them to
thc officcr thc Vigilancc Policc
io ss to satisry himself
m afliitavit if so consi'lcred necessry
about thc allegation/allegationr

subsequently the allcgationr

uc found to bc false a report
J If
shouldbeinitiatedbytheoffrcafortakingsuitableaction
should discharge
against him in order to ensure thd the offrcer

his tesponsibility properly

diligently and honestly'

l5l
.:: t -- ;;lri

l. It was also stressed that instructions should be brought to the

notice of the Inquiryilnvestigating Officer for compliance and

strict disciplinary action should be taken ifSource Report was
submitted as result of ill witl, malice or sum ulterior motive.

3 It has been observed that these instructions have not been complied
rvith in letter and spirit. It has been seen that in a large number of sourcc
{ To
report cases allegations made therein were found false. This shows the t
{
avoidable harassment is caused to many innocent officers/officials.
I
4 In this connection Chief Secrctary to Govemmcnt punjab had a
discussion wirh your predecessor Shd G.S. Bhullar, IpS the then D.V.B.
where it was decided each and every source report should be verified by a
responsible ofEcer. It was also decided that Source report against class-I
Officers should be verified by the concemed S.p. I
i
5 It is again requested that these instructions may again be brought to the
notice of all S.Ps/Inquiry /Investigaring Officer for strict compliance.
Sr

sd/-
Depury Secretary, Vigilance

No.l4l21i87-V(t)\1505 Dited: 11.2.1988.

! Si
I
A copy with a copy of rhe Govemment punjab, Vigilance Department
lr{emo No. l9(22)80-V(3)1869-870 dated 8.2.1987 is forwarded to :_

I. Budgcr and Establishmenr Officer. N

2. Superinrendent Vigilance, I, II, III, IV. a
for information and necessary action. nr

p)
sd/-
n
Deputy Secretary, Vigilance
3t

tl
rl

r52
 J AB
CrO\Etu\'t\'{ENr OF PUN 12-9-19E8 ,.

DE? rJ{T\AE}m OF vtGlLA}'ICE

I

(VIGILA].ICE BRANCH'I) I
\ I

:.1

-t
I
I
No l9/9/87'V(ll 4)t9362'
I

To

1. All Heads of DePartments'

-'1

2. All Commissioners of Divisions'

in the State'
3. All Deputy Commissionets I

4. Director, Vigilance Bureau'

Punjab' l
High Court'
5. Regisuar' Punjab and Haryana

Date, Chandigarh the l2

th Sept' 1988' I
to sanction for prosecution in
Subjecti Policy and procedue relating
rcspcct of Vigilance Cases

153.. .

t,
 -i--=<= I\*.€-r.t-
F'

The Govemment take a very Sierious view of such lapses by the

concerned competent authoritics, and have decicted to treat any refusal

without sound and acceptable reasons or which is against the policy of the
Govemment descritred in the letters mentioned above as a misconduct with
malafide intentior to shield the corrupi subordinate . Such lapses will invite"
stringent disciplinary action against the officers concemed.

Thcse instructions may be brought to the notice of all the concemed I

authoriiies for guidance and strict compiiance .

Yours faithfully,
( P.S. Bedi )

Deputy Secretary to Govt.Punjab

Department olVigilance .

No. I 3(49)84-v( 13)i9363 Dated l2t Sept.,1988 I

i
I
A copy is tbrwarded to all the Administrative Secretaries to I
Govemment , Punjab for information and necessary action I
.
i 'tr.i!
sd/' 1 -lfl
i
( P.S. Bedi ) I
I

Depuly Secietary to Covt.Punjab l

f)epartnren t olVigilaucc . j
'I1

n
.J

i
I
{
i54

I 1
I
 ?-1?-1988
No .19/6/88-V(1 4)t 12914

Covemment of Punjab

Department of Vigilance
(Vigilance Branch-I )

To
All Heads of DePertments,
Commissioners of Divisions and
Deputy Commissioners ,in the state'

Dated , Chandigarh the,7-12-1988'

and Procedure relating to Vigilance, Enquiries and

Subject:- Policy
Vigilance cases. :{

'Sir ,

noted above and to say that the

I am directed to refer to the subject
prime responsibility of checking corruption is of the Adrninistrative
make effo(s to look into the complaints
Deparfile[t but they sornetime do not
attheirlevelandsendthecomplaintstoVigilanceDepartmentwith.theresult
and even the investigation of
that Vigilance Bureau becomes over-brudened
Government is very keen that
caseJenquiries of serious natue get delayed '
enquiries are completed within the time
scheduled already iaid down '
With a

Bureau more effective it has

view to make the functiorung of the Vigilance
been decided that:-

and enquiries against Non Gazetted

(a) Henceforth all the complaints
enquiries against gazetted officers
employees and the complaitrts and
shall be looked into by the
relating to violation of rules/instructions
Departments themselvqs ' Further that
cnquiries of
AdminisEetivc
with the Vigilance Bureau'
this naturc which prcsently stand registered
shall also be passed on to the concemed
Administrative
Punjab

155
7
F- -!-:-.i.-
--lc-rrlG
_fl
1

I
Department immediately for being looked into by them at their own

level

(b) The Administrative Departments shall hold a meeting of Vigilance

offrcers and Chief Vigilance , officer at least once in a quarter to
review the progress of disposal of complaints and enquiries within the
I
time schedule laid down already. The Vigilancc D€partment shall also
hold a meeting of Chief Vigilance Officer of the Department where
large numbcr of complaints/enquries are pending for their early
finalisation. Those Administrative Departrnents who have not
appointed the Vigilance Oflicers /Chief Vigilance olficers so for may
do so immediately.

2 lt is requested that the above instructions may be brought to the notice

of all concemed for meticulous compliance.

Yours faithfully,
x
sd/-
( P.S. Bedi )

Deputy Secretary to Govt.Punj ab

Department of Vigilance .

No. I 9/6/88-V( I 4\l 12914-16 Dated 7-12-88

A copy is forwarded to thc Chief Director ,Vigilancc Bureau,Punjab

for information. It is requested that henceforth no enquiry may be registered

u. against a Non Gazetted employee and against a gazetted officer about a
fi
complaint which may relate only to violation of rules and instructions . Such 1l

. cnquiries against Non Gazetted ernployees which prcsently stand registered il

fi
and arc pending may be sent to thc concerned Head of the department for
I
being looked into and completed at his own lcvel . Further those enquiries
against gazetted oflicers which rclatc to violation of rules /instructions may bc

sent immcdiately to this departncnt for onward transmission to thc conccmed

quarterc. 156

t ,-

t.
 ' sd/-
I
( P.S. Bedi ) i

Deputy Secretary to Govt'Punjab i

DePartrnent of Vigilance '

I
I

A copy is forwarded to all the Financial Commissioners and i

Administrative Secretaries to Government of Punjab for information and

j

necessary action . I
l
rl
sd/- I

( P'S' Bedi ) 1

Deputy SecrEtary to Govt'Punjab

DePartsnent of Vigilancc '

To

All thc Financial Commissioners and

Administrative Secretaries to Got"Punjab'

ir
Dated 7-12-88
U.O.No. 19/6/88-V(l4Yl 2914-16 !
I
I

,l

l
l
I

.,i!

,l
-1

lst-
t!_ \=- tt
a-- - - '-

24-7-19E9
No 19/6/64-V(14)/16298

Govemment of Punjab

Department of Vigilance

(Vigilance -l Branch)
To
Al1 Heads of Deparfients ,

(Except Revenue Home,Excise and Ta,tation ,

P.W.D., Education , Irrigation and Power,

Food and Supplies and Industries .)
r
I

Registrar Punjab and Haryana lligh Court,

All Commissioners of Divisions and

the Deputy Commissioners in the State .

Dated,Chandi garh the 24-7 -89.

Subject:- Entrustrnent of departmental inquiries by various

Administrative Departments to Inquiry Oificer Vigilance

Sir,

Depanment letter No.l ^

'e in y61r rye.16 .

fl

ls9.
 Yours faithfullY'
I
sdi-
( P.S. Bedi )
l
DeputY SecretarY to Govt'Punjab
DePartrnent of Vigilance ' )
I
Commissioners and \
A copy is fonvarded to all the Financial further
i
Punjab for information and
nishative Secretaries to Govemment l

l
I

sd/- l

( P'S' Bedi )
-t
DeputY Secretary to Govt'Punjab
I :
Departrnsnt of Vigilance '

_li
ni
t .l
.,
Alt the Financial Commissioners and I

ti
1'I
Administrative Secretades to Govt'Punj
ab '

I
.19/6/84-V(14yi6298 Dataj 24-7-89.

r9/6/84-v(14y --Dated lit

A copy is forwarded to tire lnquiry
Offrcer Vigilarrce for
'
information ''' 'uP

sd/= ,i'rl t
' :''" l .l
i
( P.S. Bedi )'
._..::"-,..
Deputy Secretaryio Govt'Pur-rjab.,
DepadmendfVigilance '

I \

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 2E-5-1992

fi
/3 9/9L-2
No 2ll0I90-IASW145!
i
i
I Govemment of Punjab

ErdJ-a Dcparrment of Personnel antl

Atlminisrative Reforms
I (lAS. Branch)

=J Dated , Chrndigarh 28 th MaY

1992'

To
All Financial Commissioncr ' Principal
Sccretaries to
Sccrctarics and thc AdminisEative
thc Govcmment of Punjab'

Chandigarh'
I

I Subject r Enquiries against the IAS /PCS Officcrs'

Siulv{adam ,

Iamdirectedtoaddressyouonthesubjectnotedaboveandtosay$a
instructions already issued vide circular
letter No' l327/Serviccs( l).
the
67/lg(x., dated the 31' January,1967 by
this Department Povidc th{ th'

enquirics against IAS/PCS ofEccrs can be

initiatcd only yrth lhc pdr

ooncurrcnceoftheChiefSecretarytothcGovernmcotofPrmjrb@fu
The meticulous compliance with
tt'q irslruir
Deparhctrt of Pcrsonnel) '
should take tb ryorrd of 6c
requircs that the Administrativc Departnent
'
Chief Sccretary not just on their 6les but thrugh
tu Dcp-rrn,ed of

Personncl '

2.Instanceshavecometothenoticcofrr'i.Dc?gmcntthatcenail
of IAVPCS Oliccts without
departnent initiated otquirics into lbc cmd$t
thc pcrmission of tbc Chicf Sccrary (ia the Departnent
o
obtaining
Persoirnel). ln fact , it ir thc Dqdtncot of Pcrsonncl which has the ful
l6?
 background regarding
eaci officer belongiug
to thc IAS/PCS
Adminisuative D.r*-",h cadrg . lf No
their nres .,,rr;;;;J*; ffitffi;:T.:: :
create,complication
knowing the full past
becau *t
AdminisEative Departrnelt
may Dor be
I:Tff :
nrro" of thc cases
concemed . It may
n,too
' if any' against the olficers
lPPen that enquiries
"r*
officers on matters may be initiated against
which have already been
enquired into and
the Dqrartnent orp.,.ooo"tly filed in

3. Since the ChiefSecn

is the Head of the Departmcnt
all matters relating to in rcspect of
*" ;*
enquiry can be initiated
,r#::: Jfl"i'";,1*l;:r:rff:,:il, To
I am therefore , directed
to re uest you to ensure
that no enquiry
against any officer be registered
oftheIAS cadre without obtaiaing E
concurrence of the the specific prior
Chief Sec,DCS
etary (in the Departmeat
ofp€rsormel .).
Kindly acloowledge ic
receipt .

Yours faithftlly
,
1cfl
sd/-
(R.L. KAPOOR)
Deputy Secretar5r to Subject:-
the Gort. ofpunjab

No.2/ I 0/90-IAS (Iy\

4s 4
Dated .Chsndigart the
2g6 May t 992
A
copy is forwarded
,.4iab Departu.",
",
u*iJ", lJI,r;r*:ffi;il",, ",
Sir,
2 He is requcsted that
Int't registering
cases of preliminary
regutar eoquiries enquirie-,.
against *" *" I ^-
preasc bc kept in view ror.;lx!,s,#:"^' "lo'" i**.uo* .., ^4
JOvernmta
sd/- make it
(R.L. KAP@R)
Dcpury Seqetary ro
the Cron. of punjab
step up
l6E .
 I
5/PCS cadre . If No l8/9/93-SY(4/16615 Gl-1994
c-Chief Secrctay
on
+crs ,it is likely to GOVERNMENT OF PLINJAB
@cat may *, * DEPARTMENT OF VIGILANCE
Sainst th" o6i""r. MGILANCE 4 BRANCTT)
€ initiated agairct
.1 iitdsrH- filcd xr
Dated,Chandiguh the
27 th December ,1993/

ktc-nt m respect 06-l-1994

of
apparent that no
prior permission To
.

Iulry be registered
I the specific
All the Heads of Dcpartnenu,
prior
sonnel .). Commissiosr of Diyi*ros,
Registrar -hmj$ rdE-r=,
Deputy Commit l-a
Yours faithfrlly
,
(Civil ) in rbc $rc
. sd/-
&LKAPOOR)
,Govt ofpunjab
Subject:- StrcagtLft :.4'.1..& ractoor= :g
n*iaq

'May 1992
disciptiry L"
forthccr*t r
Sovemmcnt of I
rreaiih.
Sir,

rary enq\.rries
I am directed to
!trtrctions may
3overnmcnt is taking
Sd/- make it muhi{isciptiryr - for the
I.KAPooR) -r|ra;g:
eradicati on of comtPtir blftt! f,i.i* herc been uken to
ovt ofpunjab step up action againC tL qr * d cconomic offenders :-
-r-t
iri
 I

(l) Hcnccforth the Law officers 0f vigilancc B'reau rrrill

be epporntd
by the concemed Administrativc Department, Heads of
DepartmenUOrganisations as presenting oflficers in ttre Departnental
enquiries, culrninating oul of Vigilance Bureau's fact finding reports
/investigation of cases since they are fully conversant with the facts .

(2) ln furtherance of the instructions issued by this Departnrent vide

circular letter No.l9(3)84-3V(I)/8987 Dated 28/29-lt-1984,
Govemment have observed that there is lack of interest on the part of
Appointing and Disciplinary Authorities in fighting the menace of
comrption, nomination ol Chief Vigilance Officers, maintaining
vigilance registers and sending quarterly reports about the Vigilance
work done. Prevention of comrption and mainraining purity and
integrify of the staff working under them, is the major responsibility of
them and they can be assisted by the Chief Vigitance Oflicer wh<r

assist the head of the depaftrnent in conducting the enquiries, identift

and rnonitor the elcments of bad reputation and to remove them from

sensitive posts. Namcs of the Chief Vigilance Oificer may be intimared

to this Deparfiient as well as to the Director Gcneral of

Police/Vigilance Bureau, Punjab so that periodical meetings are held
between the Chief Vigilance OfEcers and the officers of Vigilance
Bureau and this Departncnt

(3) It is re-itcrated that as per irstnrctions issued vide this Department

circular lcttcr No.l2l91/l4v(l/2740 dated 5.3.1992,rhe
dcpartments/organisations should not hold parallel enquiry about those

allegations which are being looked into by Vigilance

BureaulDeparfnent. These instructions may be observed
!
mcticulously. The list of allegations is always sent to the concemed
D€partncnt which should also be cntered in the Vigilance Register of
thc Dcpartncnt.

t70

.z
E-
 t^_
Fitrtd (4)
ds of fu L gra of sarrtin
futal cr:s BerR issoed tide rhis
rrPorts
d!. L tbe had been inordinate delay
in
b bcE dccrdol that henceforth
the compet€Dt
: vide rEEri!,r $.e pmsecurion sanction
I is granted tvithi n20
s84 ).-_ ft dae of the receipt of the reference
or in case of any
part of of opinion the same may be rccorded
by the co mpetent
cc of aurhonry and the matter may
be referred to, this d epartment
aining resolvtng the issue. If for
any clarification is required
by the com petent
ilarce aurhoriqv, the Investigatiag
Officer :f the case can also
be call ed for
yad discussion though this
departmeot,Vigilance
Bureau wi thin the
lity of prescribed period.
It is further rnade ciear that
: wbo
it is not for the
authoirv Srantlng sanction
tbr prosccurion to hold
any parallel enquiry
cntify or any field coguiry, as pcr.
Iaw laid dov,,n by Hon,ble

r
Supreme Court
tom of Iodia Lr rr rla& BhEha
Chanerjee Vcrsus
nafed (.{IR,1958) STrtrr State of WB.
Cdfi l.l8)- l:w rsquilg5 that rhe competent
rl of Is r b si.ry itself from records presented
, held Vigla-c r--- bv
6a p(:E.a- 6cjc casc is made our
lance &om the record,
sanctlo! dxJr b
--*rd h cesc of delay and violation of
lnsh.icnlEr thesc
if,b
mc[t
the corr,rpt fu.- *
ft
-!c.r
rrrar cfforts
are being made to shicld
rmlrves and shall be view
'y
ed very
ehe
scnousll by
krr
hose 2. These i nsrructicc
bG Lrgh to thc notice of all concemed
ancc for meticulous compli-.-r*rE
rved
rned
J
nnary*---t
rof
yours fairhfully,

sd/-
(s.M..DUA)
Addt-rional Sccrctary,
Vigilaocc.

.:\-
 I

A copy is forwarded to all tlre Financiat Commissioners, principal l

Secretaries and Administrative

Secretaries to Govemment punjab for
information and neccssary action.

2. It is also requested that these instructions

may be brought ro the notice
of Heads of Public Organisations i.e.
Corporations, Boards, Lrniversities erc.
under their administrative controt.

Sd/'-
(s.M.. DUA)
Additional Secretary, Vigilance.

To

All the Financial Commissioners, principal

Secretaries
and Administrative Secretaries
to Govt., punjab.

I.D. No. I 8/9/93-SV(4y16616 Dated, Chandigarh, the 276 Dec_ember,

1 993
-r
06.1.1994.

i T
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112
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