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.

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Alarmed Govt ask agencies to probe illegal ‘phone-tapping’ by CBI

by Harish Gupta, National Editor, Lokmat Group

Special report

Alarmed Govt ask agencies to probe illegal ‘phone-tapping’ by CBI

Alok Verma case hearing in SC tomorrow  

Harish Gupta

New Delhi, Dec 4

Disturbed by reports that illegal “phone-tapping” was the norm rather than exception, the government has asked the intelligence agencies to probe into matter and submit a report at the earliest.

It emerged during an internal probe undertaken by the Central Vigilance Commission (CVC) and also by startling allegations made by CBI's own DIG in his petition before that Supreme Court that phone-tapping had been unleashed in the country's premier investigation agency. It touched its worst during the infighting between now exiled CBI director Alok Verma and his deputy Rakesh Asthana.

It may be mentioned that the CBI has its own mechanism to tap the telephones in cases of urgency and it takes post-fecto approval. The government is keen to find out if the infighting led to the free use of this facility granted to the CBI to tap the telephones of criminals nd individuals involved in the corruption.

It emerged that the CBI officials tapped the mobile and landline phones of their own officers, affiliates and several private individuals including politicians without taking prior permission of the Union Home Secretary.

The government is worried about the consequences of the “illegal phone tapping” saga in the event of CBI director himself going “rogue”. In fact, this is the plea that the government is virtually taking in the supreme court against Alok Verma. It is arguing that the Almighty CBI Director had turned rogue and refusing to even answer queries from the CVC or any other authority. He was tapping telephones at will and misusing his authority.

The case will come up for a hearing in the Supreme Court tomorrow. What looked like a simple case of government misuse of its authority in sending Alok Verma on forced leave, the whole thing has turned murkier and the Supreme Court is also struggling hard to deliver justice in the case. The CJI's comment that the CVC's report is uncomplimentary in some cases, goes against Alok Verma.

But what made government more worried was the disclosure in CBI DIG Manish Kumar Sinha who gave details of phone tapping. It clearly emerged that calls of officials and individuals are being tapped without required permission. In some cases, the identity of the person concern was kept hidden though it was known that whose phone is being tapped. This was done largely because if the name or the identity of the person was revealed, the technical surveillance unit would have raised objection.

So much so that the telephone of CBI's own Special Director Rakesh Asthana and RAW official were tapped without taking prior permission.   The Supreme Court is also struggling to find a way out to deal with the case of Manish Kumar Sinha,CBI's DIG and handed over the case to Fali S Nariman to guide the court.

This shows the complexity of the murky affairs in the CBI's case. It may be mentioned that the SC will go on vacation from December 14 and reopen on January 2.

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CBI's Director of Prosecution appointment in Limbo

by Harish Gupta, National Editor, Lokmat Group

Special report

CBI's Director of Prosecution appointment in Limbo

Harish Gupta

New Delhi, Nov 23

With the uncertainty over the fate of the CBI director continuing, the functioning of its vital prosecution wing has also been hit hard. The appointment of a full time Director of Prosecution (DoP) has been held up despite the government advertising for the post months ago. The government was forced to extend the tenure of the retiring Director of Prosecution, O P Verma for two months in the wake of dog fight between exiled CBI director Alok Verma & his deputy Rakesh Asthana.

The tenure of O P Verma, Director of Prosecution, was to end on October 23, 2018 after two years' tenure. But due to infighting, the appointment of a new DoP got delayed.

The government issued a special corrigendum to extend his tenure. Even he came into the controversy as reports said that Alok Verma sent the IRCTC case file to DoP instead of giving permission to arrest the suspects. The matter is under the probe.

The delay in the appointment of full time Director of Prosecution has also hampered legal work in the agency as he is under the administrative control of the probe agency's Director. Though the Central Vigilance Commission and a Parliamentary panel had recommended that the DoP should be independent of the Director CBI. The panel had suggested in December last year that the post of DoP in CBI should be of the rank and status of the Director CBI in order to ensure its independent functioning.

The Central Vigilance Commission (CVC) had stated that it would be prudent to set up an independent Director of Prosecution rather than DoP working under the Director CBI.

But Modi government bestowed all powers to the CBI director and rejected the suggestions.

The Department of Personnel and Training (DoPT) had issued new rules for recruitment to the post under which civil servants, meeting eligibility criteria, working in various ministries, may also apply for the post. "An officer not below the rank of Joint Secretary to the Government of India are eligible to apply. The government has sought names from all ministries/departments to provide the names of the eligible and willing officers for the post. Advocates who practiced for not less than ten years as a Special Public Prosecutor, are also eligible.

The government delayed the full time appointment of the new DoP as it was wanting the Director of CBI Alok Verma to retire on February 1.

ends