RECONSIDERATION OF CENTRAL VIGILANCE COMMISSION’S ADVICE
Querist :
Anonymous
(Querist) 30 October 2010
This query is : Resolved
Sir,
Where is the following laid down , meaning which chapter of the Manual of CVC or which Circular of the CVC or in any case Law . I read it from the Handbook of General Vigilance for Officers from the web relating to Airport Authority of India .
"The scheme of consultation with the Commission envisages consultation at two stages i.e. first stage advice and second stage advice. However, there is a provision for another reference to the Commission requesting for reconsideration of its advice if the Disciplinary authority (DA) disagrees with the Commission’s perception of the case. Request needs to be made soon after the receipt of the Commission’s advice. Ordinarily, the Commission does not entertain more than one request for reconsideration and that too, if new facts not within its knowledge are brought to light. “Reconsideration of the Commission’s advice is necessary regardless of whether the DA proposes to take ‘severer’ or ‘lighter’ action than that recommended by the Commission.” CVC’s advice is not binding on the Disciplinary Authority, but it should not be taken lightly. In case of any departure from the Commissions advice, the reasons should be meticulously recorded and promptly intimated to the Commission. Such cases are included in its Annual report, which is placed before both the houses of Parliament."
Regards,
Roshni
PS. Its only Learned Subramanian who is answering most of the queries of the Public. My sincere thanks to him and gratitudes. Will he please help in this query as well
s.subramanian
(Expert) 30 October 2010
The manual is prepared by the Vigilance commission only. It is not based on any statute. It is designed by themselves. The State Vigilance departments also have their own manuals. Now the manual of Tamilnadu vigilance department has been challenged as illegal and improper before the High Court of Judicature at madras by Shri.Umashankar,IAS and Shri.A.K.Viswanathan IPS. They have sought the quashing of the manual and guidelines since they are arbitrary and partisan.
s.subramanian
(Expert) 30 October 2010
A reading of this clause shows that the CVC is merely acting on advisory capacity and that its advice is not binding on the DA.
