CVC whips the corrupt babus

• Stern letter issued to Ministries, PSUs,
• Timeline for action fixed

by Harish Gupta, National Editor, Lokmat Group

New Delhi, Sep 10

The country corruption watchdog, Central Vigilance Commission (CVC) has come down heavily on the ministries and departments for adopting delaying tactics when it comes to punishing the corrupt.

The CVC discovered that disciplinary action against a large number of Babus is delayed by the ministries on the ground that the files have been sent to the CVC for reconsideration.

The Commission was tired of file pusher Babus who were delaying action being taken on one ground or the other. Therefore, the CVC decided that action once recommended by it against the guilty officers will not be reconsidered for “second-stage” advice.

The Babus were taking advantage of a rule brought in the year 2000 and 2008 whereby they were sending files back to the CVC for reconsideration not once but twice; first stage advice and second stage advice.

In a significant order, the CVC plugged second stage advice and capped the time limit for even first stage by one month. In the process, the action against the corrupt and those involved in misconduct was delayed for a long time.

In a Demi-Official letter sent to all the secretaries of ministries & departments, Chairman & MD of all PUSU, autonomous organizations and others, the CVC came down heavily on such practice.

The Lokmat has a 2-page copy of the official DO letter sent yesterday.

The CVC said after detailed analysis of the long pending cases, it has been decided that there will be no second stage advice for such cases. The ministries and departments must adhere to timelines for finalisation of disciplinary cases.

The CVC directed that no proposal for reconsideration would be entertained in future.

The CVC amended its Manual to make it clear that the first stage advice would be final unless fresh material/evidence is brought before the CVC for a review.

Search for CVC begins,

by Harish Gupta, National Editor, Lokmat Group

Search for CVC begins, 

Modi govt. Invites applications 

Harish Gupta

New Delhi, April 8

The country may be in the midst of General Elections. But the Modi government has initiated the process of selecting the new Chief Vigilance Commissioner. The current incumbent K V Chowdhary is set to retire in June after completing four years in office. The number two in command T M Bhasin is also set to retire in June itself. The third Vigilance Commissioner Sharad Kumar has two years to go. But the government has decided to seek applications for the post of the CVC.

The Department of Personnel under the Ministry of Personnel under the PM Narendra Modi has decided to seek applications for the key post. The CVC is country's watch dog and has power to superintendence over the CBI. It also monitors Enforcement Directorate, another body which probes economic offenses.

The CVC shot into prominence recently when it dealt with the controversial case of CBI director Alok Verma and special director Rakesh Asthana which hogged countrywide attention. It was first time in the history of the CBI that its director was removed unceremoniously on the recommendations of the CVC probe. It was in this contest that the importance of the CVC gained considerably.

The CVC shall hold office for a period of four years from the date he or she takes over or until attains the age of 65 years whichever is earlier. The Central Vigilance Commission consists of a CVC and two Vigilance Commissioner.

According to the notification issued by the ministry, the interested persons will have to write 300 word essay to indicate their suitability. The applicant should be of outstanding merit and impeccable integrity and should have knowledge and experience of at least 25 years in the relevant field. A CVC or VC is a person who hails from the all India services like the IAS, IPS, IfoS or in any civil service of the Unioin or in a post having knowledge and experience in matters relating to vigilance, policy making and administration including police and related services. Even a person holding an office in a corporation established under any Central act and person having experience in banking, insurance , finance etc.

Obviously, a decision with regard to these appointments will be taken by the next government which will come to power after May 23.

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

Ends 

Its a double whammy in CBI,

by Harish Gupta, National Editor, Lokmat Group

Its a double whammy in CBI,

CVC fails to pick Director of Prosecution

Fresh applications invites

Harish Gupta

New Delhi, Jan. 14

After the Central Vigilance Commission (CVC) failed to select a new Director of Prosecution (DoP) and sent back the panel of four to the government, the Centre has sought fresh nominations from different ministries.

Highly placed sources say that as O P Verma, DoP in the CBI was to retire on December 24, the CVC had sought names for the impalement and accordingly four names were short-listed for the post. The names were sent to the CVC long before the crisis between Alok Verma and Rakesh Asthana surfaced in October last year.

But serious differences arose within the government and the CVC over the new DoP and in the meanwhile, one of the four aspirants retired forcing the CVC to call for fresh names. Accordingly, the Centre has now issued a notification asking for names from ministries to send names expeditiously to fill vacant post of the Director of Prosecution in the Central Bureau of Investigation (CBI).

The Director of Prosecution is a crucial post in the federal probe agency. The incumbent, who works under the supervision and control of the CBI Director, renders legal opinion in all the cases probed by the agency, the officials said. The Personnel Ministry has written to secretaries of all government departments for names of eligible and willing officers, not below the rank of Joint Secretary and eligible for appointment as Special Public Prosecutor, they said.

The Department of Personnel has issued a notification today seeking names by January 25 so that "an expeditious decision can be taken for filling the post of Director of Prosecution in CBI".

It is for the first time that the CBI is working without its regular chief and the Director of Prosecution, the officials said.

Ends

CVC grilled Sana for 8 hours in Bribery case

by Harish Gupta, National Editor, Lokmat Group

Special report

CVC grilled Sana for 8 hours in Bribery case

Hyderabad business Sana allegedly paid bribes to CBI officers

Harish Gupta

New Delhi, Nov 14

The Central Vigilance Commission (CVC) grilled Hyderabad businessman Sathish Babu Sana for more than eight hours, a key player in the Verma-Asthana feud in CBI,

The 8-hour grilling, spread over for two days, was held under the supervision of Justice A K Patnaik at the CVC headquarters. The CVC wanted to get at the bottom of the truth as Special Director Rakesh Asthana had alleged that he paid Rs 2 crores to CBI Director. Alok Verma countered it saying that Sana paid bribed to Rakesh Asthana.

Highly placed sources say that prima facie, the CVC report found no significant evidence against Verma. The CVC report raised some questions that require a separate and detailed probe and wanted more time to complete the probe.

The CVC felt that Sana was using one CBI officer against the other to wriggle out of the Moin Qureish case in which he was a conduit in hawala operation.

Asthana was the officer incharge in the Moin Qureshi case. Verma alleged that Asthana was extorting money from Sana since the very beginning. Later, Sana complained to Verma of extortion which led to registration of FIR against Asthana.

The CVC grilled Alok Verma for two days, Rakesh Asthana once and other officers who were dealing with the Moin Qureshi case. The CVC probe also focused on IRCTC Hotel case of Lalu Prasad Yadav and cattle smuggling case involving a senior BSF officer caught with unaccounted for cash in Kerala.

When Justice Patnaik asked Verma why Satish Babu Sana, was not booked under charges of giving bribe, he said the amended provisions of Prevention of Corruption Act gave protection if a person is forced to give bribe. The protection is available if he reports the extortion within seven days. Verma explained that though Sana had started paying bribe in December last year, giving bribe became an offense only in July 2018. Since Sana paid another bribe through Hawala and reported it to the CBI within seven days, action was taken.

Asthana had alleged that Sana paid Rs 2 crores to Verma on October 1, 2018 and signed the confessional statement on October 4, 2018.

But in a strange twist, Sana switched sides and made a counter allegation that he paid bribes to Asthana. Verma registered an FIR against Asthana and others for allegedly taking more than Rs 3 crores to scuttle probe against him. The money was paid over a 10-month period -- starting from December 2017.

ends

Alok Verma to appear before CVC tomorrow

by Harish Gupta, National Editor, Lokmat Group

Alok Verma to appear before CVC tomorrow

Inquiry has to be completed before November 12

Harish Gupta

New Delhi, Nov 4

The exiled CBI Director, Alok Verma will appear before the 3-member Central Vigilance Commission (CVC) tomorrow. Verma has been summoned by the CVC to probe into the allegations of administrative misconduct, delaying probe into certain sensitive cases including one relating to IRCTC land in Patna for hotel benefiting Lalu Prasad Yadav.

The CVC is undertaking this probe as per the directions of the Supreme Court given on October 26. The probe is being supervised by a retired judge of the Supreme Court A K Patnaik. Interestingly, Justice Patnaik has been regularly visiting the office of the CVC to scrutinize documents pertaining to nine allegations leveled by his number two Rakesh Asthana. Incidentally, Rakesh Asthana has also been divested of his duties following an FIR registered against him for bribery.

The CVC is racing against time to complete the probe against Verma within 14 days. This will be first time Verma will be appear before the CVC comprising of K V Chowdhary, Sharad Kumar and Dr T M Bhasin tomorrow. Patnaik monitored probe by CVC is confined to allegations of misconduct and corruption by Alok Verma. The CVC will not look into the issue of government’s decision to send Verma on forced leave. The SC may hear that case separately later.

It may be mentioned that Alok Verma was removed as CBI director on October 23 by the government and M Nageshwar Rao, a junior officer was given the charge. Verma challenged his removal. But the SC decided to hear the case of misconduct and corruption against him first. The SC said the other issues will be heard later.

Ends

Midnight coup in CBI,

by Harish Gupta, National Editor, Lokmat Group

Midnight coup in CBI,

PM sends Director, No. 2 packing finally,

Junior-most Nageshwar Rao made Director

Verma goes to court, Asthana sulks

New Delhi, Oct 24

It was a midnight coup at the Central Bureau of Investigation (CBI) headquarters never witnessed before when the newly appointed director, M Nageshwar Rao landed there  accompanied by a police convoy to take charge.

The 1986 Odisha cadre officer who hails from Telangana, headed the 11^th floor office of Alok Verma to take charge. There was no one to give him the charge as all top bosses had been sent on forced leave by the government on the recommendations of the Central Vigilance Commission (CVC).

When Verma and his number two Rakesh Asthana went to the CBI headquarters in the morning, they were stopped from entering. While Verma went to the Supreme Court to challenge his ouster, Rakesh Asthana went home sulking. The SC will hear the case on Friday.

The Cabinet Committee of Appointment (ACC) headed by the Prime Minister had issued the order at 11.45 pm yesterday asking Rao to take over the “duties and functions of CBI director with immediate effect.” The decision was taken by the PM at 11.30 pm and the file was sent by hand to the residence of Home Minister Rajnath Singh who is also a member of the ACC. Dr Jitendra Singh, Minister of State in the PMO, had asked Rao earlier to be ready to leave for an important assignment at a short notice. He had no clue what that assignment will be. But all hell broke within the next 30 minutes when the official order was put out making him the new director during the period of “subsistence.” Interestingly, there is no order till now on the website of the DoPT divesting Alok Verma of the charge of the CBI and sending him on leave. However, Alok Verma and Rakesh Asthana were informed about their "compulsory leave" through official messengers.

In a bizarre move, the police personnel of the Delhi Police cordoned off the CBI building at 12.30 am and around 1.45 am, M Nageswar Rao came escorted by a police convoy to take charge. The stories that Rao sealed Verma's office are baseless as all the files are being scanned in the room. A new team of officers has been deputed to probe all pending cases. Nageshwar Rao removed Verma's most trusted officer Additional Director A K Sharma from all the cases. Manish Sinha who is Sharma's junior was also sent packing.

It now transpires that K V Chowdary, Chief Vigilance Commissioner, held a marathon meeting on Tuesday with his two colleagues; Sharad Kumar and M K Bhasin and sent their recommendation to the PM that both the top officers be sent on compulsory leave immediately. 

Chowdary had been asked by the Prime Minister's Office last week to step after efforts to find a solution by NSA Ajit Doval and deputy Principal Secretary P K Mishra failed. It may be mentioned that Nageswar Rao had joined the CBI in 2016 as joint director before his stunning rise as its interim director.

Ends 

Fly on the Wall : Bitter feud bring CBI to a grinding halt

by Harish Gupta, National Editor, Lokmat Group

Fly on the Wall : 

Bitter feud bring CBI to a grinding halt

CBI director Alok Verma may have just four months to go before he demit office on December 1. But not a day passes when he is not involved in a bitter battle with his own deputy Rakesh Asthana. The latest saga began when Verma ordered on the file that statements of all the persons named in the diaries be recorded. In a written note issued to the Special Unit in the CBI, Verma directed that the diaries recovered from the premises of the promoters of Gujrat-based Sterling Biotech company offices be recorded without further delay. Several top politicians, bureaucrats and police officers have been named in the diaries recovered by the Income-tax department in 2011 which have now been handed over to the CBI for criminal investigation. The diaries had names and monies paid to those named. But Verma's target seems to be Asthana who was Police Commissioner of Surat whose name figured in the diaries as well. It is an irony that Verma was brought as CBI chief by the Modi dispensation in December 2016 while Asthana, a Gujarat-cadre IPS officer, is believed to be close to the PM and BJP president Amit Shah. No case has been registered against Asthana, the CBI director wants to formally record his statement in connection with the probe. This annoyed Asthana so much that he knocked at the door of the PMO alleging vindictive attitude of his superior. Verma also crossed swords with the Chief Vigilance Commissioner K V Chaudhary saying that Asthana had no mandate to represent the agency in his absence and should not be "consulted for inducting officers into the agency. Obviously, Verma was peeved that his plans to bring two officers of his choice in the CBI were thwarted by CVC. Verma wanted to bring Rajiv Krishna and R P Upadhyay into the CBI as additional directors. Both are considered close to Verma. But Asthana torpedoed Verma's plans. The last word on Verma-Asthana feud is yet to be written.

Adhia shows who is the Boss !

If CBI Chief Alok Verma is fighting with his Number 2 in the agency, Enforcement Director Karnal Singh has chosen to lock horns with Finance Secretary Hasmukh Adhia, Finance Secretary. While the government was keen that he send Rajeshwar Singh, an ED officer packing, Karnal Singh defied and retained him. But in a bizarre situation Adhia showed who is the real boss. Karnal Singh has lost the latest round with Adhia on the continuation of controversial officer who was handling sensitive cases. Adhia decided to take the command in his own hands and issued a written order sending Rajeshwar Singh on forced leave. The argument goes that Karnal Singh is not the administrative head when it comes to handling of the officers of the ACC level. Rajeshwar Singh investigated many key cases including Aircel-Maxis and others and the government found that all is not well. But Karnal Singh who was hand-picked by the Modi dispensation took a different line. With Karnal Singh due to retire in October, the government will now have the opportunity to anoint a trusted officer of its choice. It is heard in the corridors of powers that he will have the ears of the Almighty.

The games TDP,  PDP play

Two key allies of the BJP may have quit the Modi government and singing a different tune. In the case of Jammu & Kashmir, it was the BJP which deserted the Mufti government one fine morning and Governor’s rule was imposed. But neither the BJP speaking against the PDP and nor the PDP speaking personally against Modi. If insiders are to be believed, the divorce took place as both were losing their respective vote bank and decided to call it a day. May be after the 2019 Lok Sabha polls, they may do business again. The National Conference led by Dr Farooq Abdullah has also sent clear signals that he is not averse to do business with Modi. It was largely because of this very reason that the PDP is abstaining in the Rajya Sabha whenever voting takes place. Same is the case with Andhra Chief Minister N Chandrababu Naidu who felt that he is losing ground to YSR-Congress for his failure to get “special status” for his state from the NDA. In the competitive politics of Andhra Pradesh, the TDP is left with no option but to part company with the BJP.  The BJP had also developed a feeling that it is not growing in the state. But the BJP is not poaching on the TDP MLAs in Andhra. The BJP is targeting the “corrupt Congress and YSR-Congress leadership”. The whisper in the corridors of power is that TDP will do business again with the BJP after the 2019 polls.  After all, Chandrababu Naidu wants “special status” for Andhra and has no Delhi Dreams like many other chief ministers.

As Sonia frail, Priyanka gives the helping hand

As the health of Sonia Gandhi not in good shape and Congress president Rahul Gandhi trying to cope with the massive pressure of work, young party managers are a worried lot. Though Rahul’s unofficial political secretary and former IAS K Raju is the key man in the system, things have yet to take shape. The loss of weight forced Sonia Gandhi even to abandon her planned trip to Red Fort on the Independence Day. The doctors advised against her visiting the hot & humid weather conditions as she is now weighted around 45 kg only. Though she did walk an extra mile to raise slogans along with the MP s in Parliament on August 10 morning on the Rafale issue, she was looking so frail and weak, the SPG commandoes had a tough time to handle the situation. She went there as Rahul Gandhi had left for Jaipur early morning leaving Sonia Gandhi to cheer up the party MP s. This has given room for intense speculation in the party for a greater role for Priyanka Gandhi. In any case, this being the election year and with Rahul Gandhi travelling all over the country, Priyanka has to focus on UP where the party is pitted against formidable BJP. Priyanka may not have held a position in the party but her writ runs, say insiders. Her official entry into direct political role is just a matter of time as she attended the funeral of M Karunanidhi. In an unprecedented move she also decided to address ladies of an  Entrepreneur's Organization in Mumbai which was a closed-door affair. But she stole the thunder with her highly emotional speech and ladies were seen weeping. It was first time the mighty club of Mumbai realized the oratory skills of Priyanka. In case the party decides to give her a direct role and she herself chooses to emerge from the shadows, prospects of Congress will certainly brighten.

Fly on the Wall : Baffling Disappearance of scammers

by Harish Gupta, National Editor, Lokmat Group

Fly on the Wall : 

Baffling Disappearance of scammers

The Sterling Biotech bribery allegations case in the Rs 5000 crores scam in which the name of CBI's special director Rakesh Asthana figured took an interesting turn; that the Enforcement Directorate is yet to seek the custody of the Gujrat-based promoters Nitin Sandesara and Chetan Sandesara. The ED went to town when it arrested Delhi businessman Gagan Dhawan recently who was instrumental in helping the company to manage its affairs with Central government agencies and banks. But the ED did not seek their non-bailable warrants against the Gujrat-based promoters. In fact, the scam first surfaced in 2011 and neither the UPA and nor NDA did anything worthwhile in this case for six years. It gained prominence only when proposal to promote Rakesh Asthana within the CBI to make him number two was brought before the Central Vigilance Commission. The CBI director Alok Varma opposed Asthana's promotion and was overruled by the CVC and news was leaked along with the entire case. Now it transpires that the promoters of the Sterling Biotech have vanished and not available to ED. The other directors of the company are around but the promoter director Sandesaras have vanished. No doubt, the ED has caught hold of the company CA who used to write the diary after making payments to officials. He has confessed that he made the payments. But unless the promoters are arrested and confess the same, nothing can be done. The ED is keeping its fingers crossed as no one has a clue where have they vanished, are they in India or abroad like many others.

Kovind's GCTOC test

President Ram Nath Kovind will face his first acid test when the controversial Gujrat Control of Terrorism and Orgnaised Crime bill (GCTOC) will land on his table soon. The GCTOC has been hanging fire for the past 14 years as three of Kovind's predecessors; APJ Abdul Kalam, Pratibha Patil and Pranab Mukherjee refused to sign. The Bill empowers the police to tap phones and use it as evidence in courts. It was conceived by Modi when he was CM in 2003 and pushing for its passage since then. In fact, he was very hopeful that Pranab Mukherjee will clear it. But he too declined to clear it in its present form. Now certain provisions are being re-worked. The bill is on the pattern of Maharashtra's MOCOCA which gives enormous powers to the state police. As per norms, the Union Home Secretary has to be kept in the loop before tapping telephones. The Gujrat police wants immunity to the state for any wrong doing in public interest. The bill will be on Kovind's table after the Assembly polls.

"Bichhre Sabhi Bari Bari", Lalu crying

Ever since his most trusted lieutenant and four-term Rajya Sabha MP Prem Chand Gupta deserted Lalu Prasad Yadav, the RJD supremo is in great agony and pain. He has been calling Prem Gupta repeatedly on his mobile and home numbers and waiting to meet him for long. But the former Corporate Affairs Minister in the Manmohan Singh government has not returned the call. Lalu's two former trusted officers Mahajan and Srivastava have also chosen to keep a safe distance from the former Railway Minister. Lalu has seen his worst as nobody calls on him these days and he is left with no monies. He is tapping all his former corporate friends and nobody comes to him. They are either not taking his call or not returning call either. Both his sons, wife, daughter Misa Bharti, her husband and other close relatives are under the ED/CBI scanner. Their bank accounts have either been frozen and confiscated. It is becoming clear that after the Gujrat polls, they will face a big music. But what Lalu can't comprehend is that his most trusted person Gupta stopped visiting him. It is learnt that ever since Gupta's wife Sarla Gupta was slapped with a PMLA case, Gupta is trying hard to curry favours from the Modi government. He is repoted to have met Finance Minister Arun Jaitley twice. What transpired during these meetings is anybody's guess. Lalu cried when an old friend called him up and said, “bichhre sabhi bari bari."

Amit Katyal goes missing too !

Heard of Amit Katyal ! He was a small time businessman who came close to Lalu and became big and fixed deals when Lalu was CM Bihar or Railway Minister. The ED has unearthed now that the New Friends Colony bungalow in the posh South Delhi area was virtually gifted by Amit Katyal virtually free to Lalu's daughter Misa Bharti and other family members through web of shell companies. The bungalow is worth Rs 30 crores though ED claims its more than Rs 100 crores. The ED has sealed the property and now fixing nuts & bolts. But it has been caught in a jam. Why ? Amit Katyal is not traceable. He is reportedly run away to Dubai. Though evidence has surfaced when ED detained Bharti's Chartered Accountant (CA) Rakesh Agrawal who started singing. Agrawal was arrested under PMLA for allegedly being instrumental in providing accommodation entries (illegal funds) to launder the money of businessmen brothers - Virendra Jain and Surendra Jain. But the prime person Amit Katyal has gone missing.

Lalu goes to astrologers

Lalu is now completely banking on his star for his fortunes. He has turned to the astrologers and godmen completely. Though he used to believe in astrology and star power. But he remained a die-hard political bird. However, his dependence on astrologers has gone up many folds with the appointment of Shankar Charan Tripathi, an astrologer, as party's national spokesperson.

PM cracks whip, clips home ministry's wings

by Harish Gupta, National Editor, Lokmat Group

PM cracks whip, clips home ministry's wings

New body to oversee security clearances 

Harish Gupta

New Delhi, April 8

Prime Minister Narendra Modi cracked his whip and the powers of Union Home Ministry have been clipped if not taken away all together. The whip came when the Cabinet Secretariat set up an Inter-Ministerial Committee (IMC) over-see orders of the Union Home Ministry relating to security clearances. This IMC will over-see all cases of security clearances relating to “ease of doing business” as part of Modi’s vision of fast-tracking investment, jobs and opportunities in India.

All companies/individuals desirous of setting up industries, companies, businesses are given security clearances by the MHA. This clearance is also required in cases of expanding existing business venture.

The MHA undertakes a thorough screening of companies, their ownership, route of investments and origin of such investments and antecedents of the directors & owners. The MHA vets these cases with the help of intelligence agencies and other such mechanism to which no other ministry has access. But often MHA and other Ministries are engaged in a bitter tussle over years for security clearances. The worst happened when proposal to grant security clearance to Sun TV, when its owners Maran brothers were chargesheeted by the CBI and Enforcement Directorate for bribing and corruption in Aircel-Maxis scam and for setting up illegal telephone exchange. Finally, Home ministry toned down its objections and home secretary was sacked.  But there were many such cases including foreign direct investment in the Telecom, power & port sectors.

After discussions at the highest level in the PMO it was decided that let the Home Ministry continue with its mandate of security clearances exercise. But all its negative recommendations will go to the Inter-Ministerial Committee (IMC) comprising of officials of Finance, Corporate, Commerce Ministries and Niti Ayog. The IMC will have powers to veto the recommendation and opinions of the Home Ministry and even send back it for further examination in a time bound manner.

The Cabinet secretariat has also directed the MHA that it must complete scrutiny of all cases of security clearances within a stipulated period of 45 -60 days rather than taking its own sweet time. In several cases, the MHA sat over the clearances for several years on one ground or the other.

The creation of IMC will help the concerned ministries, departments and even state governments who are normally scared to question the wisdom of the MHA. One of the reasons cited by the PMO was that though many of the issues highlighted by the MHA/security agencies may be important. But they may not be so vital as to necessitate stoppage of the said investment or project. However, the Ministry/Department/State Government concerned is not able to or willing to take full responsibility in this regard. And the project get stalled or delayed or canceled causing huge loss of investments. This also clearly goes against the spirit of the ‘Ease of Doing Business’ on which Government has been working seriously for the last two years,” said the two-page order.

Therefore, it is necessary that there is a “mechanism to take a holistic view of the observations made by security agencies on economic, corporate of criminal proceedings involving the proponent company or its directors,” the Cabinet Secretariat said.

  

The creation of IMC will also help the officers concverned not to be too much scared of the Prevention of Corruption Act while over-ruling the MHA.

The order further said,“Once this committee has seen the observations made by the MHA or the security agencies indicating that the investment/projects, its activities and/or directors are not a threat to national security, it will proceed to look into other observations.

“If other remarks or observations of the MHA or security agencies have been found to be inconsequential or irrelevant with regard to any other national or public interest, then the committee would record the same and recommend the investment/project,” said the Order. 

Modi clips CVC wings

by Harish Gupta, National Editor, Lokmat Group

Exculsive

Modi clips CVC wings

DOPT says it’s a recommendatory body only

Makes it a toothless

Harish Gupta

New Delhi, April 3: 

The Modi government is all set to make the Central Vigilance Commission a toothless body as it plans to bring a new vigilance law. A prelude to government’s thinking was reflected when the Department of Personnel & Training (DOPT) under the Prime Minister relaxed rules pertaining to Vigilance clearance for senior government officers under the  central government.

The significant change was made through an innocuous order buried under the mêlée of notifications issued by the DOPT in the service rules. The new order says adverse observations made by the CVC against officers pertaining to their conduct will not be binding on the department concerned. Until  now, the recommendations made by the CVC against the officers for their alleged misconduct are binding and can be over-turned only by the CVC or the tribunals or courts.

But the government has decided to clip the wings of the CVC in one go and that too quietly. The government is of the view that creation of one body after the other to punish the erring officials has only delayed justice and put road blocks into good governance. In any case, the Prevention of Corruption Act is of 1988 vintage and changes are needed in this regard. Finance Minister Arun Jaitley has strongly advocated a new law in this regard.

The DOPT’s new rule stipulates that the department will have the prerogative whether to accept the recommendation of the CVC or not. However, the department will have to keep the Union Public Service Commission posted with the decision in the event of over-turning the recommendations of the CVC. It is clear from the new situation that the it will be for the department alone to ahead with lower level of punishment or penalty than recommended by the CVC.

The department concerned have been empowered to drop the charges altogether and it will only have to inform the CVC that it has decided to drop the charges. In the event of the CVC again deciding to insist on penalizing the concerned erring officer, the case will go to the DOPT  for the final decision.  

An office memorandum issued this month by the DoPT makes it clear: “All cases, where the Disciplinary Authority (of a department) decides to impose a penalty after conclusion of the proceedings and where UPSC consultation is required as per existing rules/instructions, shall not be referred to the CVC for second stage consultation.” The relaxation, however, will not be applicable to officers of banks and state-run organisations.

The DoPT order is significant because earlier, the case of a corrupt officer would be referred to the CVC for inquiry. Once the CVC had given its recommendation either way, the department concerned was supposed to accept it in toto. But not under the new rules issued where the cobcerned department can reject the finding.

Babu turns supercop

Cabinet approves law to put CBI, ED under CVC, insulate agencies against interference

"I'll be judge, I'll be jury,' said cunning old Fury." Few fit the role of Fury in Alice In Wonderland better than the Indian bureaucrats. Last week, they mustered all the cunning at their command and secured the Cabinet's approval for an ordinance on the Central Vigilance Commission (CVC).