What is Vigilance

1. What is Vigilance (KEEPING A WATCH) TO MAINTAIN THE INTEGRITY OF AN ORGANISATION, ITS PROCEDURES AND ITS EMPLOYEES OUR FOCUS PREVENTION OF FRAUDS & LEAKAGE OF REVENUE

2. List some of the Vigilance Activities • Preventive • Examination of procedures • to remove loop holes Regular and surprise • inspections Monitoring the activities of the • employees through returns • Detective • Investigation of complaints or • any other information regarding • Irregularities • Punitive • Punishment to the guilty

3. List some of the articles of the Constitution of India which concerns a government servant • Article 309 - Recruitment and conditions of service of persons serving the Union or State • Article 310- Tenure of office of persons serving the Union or a State • Article 311 - Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state : • Article 320 - Functions of Public Service Commission

4. Who is authorised to frame rules to regulate the recruitment and conditions of service of Central Government Employees The President

5. Name the two essential features of the inquiry provided in Article 311 • The Government servant has to be informed of charges; and • given reasonable opportunity to defend himself

6. Central Civil Services (Classification, Control and Appeal) Rules What is the full form of CCS (CCA) Rules?

7. 1965 In which year the CCS (CCA) Rules were framed?

8. No Can a government servant go on strike after giving proper notice to Govt

9. The action of suspending or condition of being suspended – the action or position (Oxford English Dictionary) What is suspension

10. No. The purpose is to facilitate proper inquiry. Is suspension a punishment

11. NO Can advance for procurement of a conveyance be given to a Govt servant under suspension

12. The Disciplinary Authority Name the authority who can impose a penalty on a Govt Servant

13. The President Name the authority who can impose any penalty on any govt servant

14. When a gazetted officer is involved and there is a vigilance angle (i) corruption, cheating, bribery, misappropriation, fraud and lack of integrity;  (ii)abuse of official power/authority for self gain or for anyone else;  (iii)substantial loss to government as a result of grave/ deliberate negligence or indulgence in nepotism; (iv)possession of disproportionate assets. (v) flagrant violation of rules/ regulations/ procedures When is Central Vigilance Commission to be consulted?

15. What are the two stages at which CVC is consulted? (i) The first stage advice - Commission indicates the action to be taken against the Government servant, whose conduct has been investigated. (ii) The second stage advice - Commission considers the report of the Inquiry officer and advises the disciplinary authority about the penalty to be imposed

16. Name any two minor penalties

17. Name any two major penalties

18. Is it necessary to hold oral enquiry in all the cases

19. Illustration 1 (Slide 29) Illustration 2 (Slide 30) Illustration 3 (Slide 31) What could be the likely financial impact if penalty of withholding increment is imposed

20. Proceedings can be initiated after retirement Only with the sanction of the President Only in respect of any event which took place within four years of such institution Can an enquiry be conducted in respect of retired Govt servant for an act done by him during any period of his service

21. Withholding of increments for more than three years or with cumulative effect or effecting pension Which minor penalty cannot be imposed unless oral inquiry has been conducted

22. Removal or Dismissal Which penalty results in the forfeiture of the past service?

23. Subsistence Allowance Article 21 (Part III of the Constitution) What is the name of the allowance given to a Govt servant under suspension. Which Fundamental Right guarantees that?

24. Which deductions are not permitted from the subsistence allowance? • Income tax, House Rent, Electricity & water charges, installments of repayment of loans and advances, if necessary at revised rates, CGHS contribution, and contributions towards CGE Group Insurance Scheme shall be deducted from the subsistence allowance. • Premium due to PLI, amount due to cooperative societies and refund of GPF advance can be deducted with the CONSENT of the Govt servant. • Subscriptions to GPF, amount due on court attachments and recovery of loss caused to the Govt cannot be deducted from the subsistence allowance.

25. Give any two cases, where no appeal is permissible • Any order made by the President. • Any order of interlocutory nature or in the nature of step-in-aid of the final disposal of a disciplinary proceeding other than an order of suspension • Any order passed by an Inquiry Officer during the course of inquiry. (However, an appeal can be submitted against an order of IO rejecting request for engagement of a Defence Assistant from some outstation.)

26. 45 days What is the period of limitation for filing an appeal against an order of penalty?

27. No. Employees do enjoy certain protection. Enough care is taken to see that undue hardship is not caused to the GS and his / her family members. Do you think the disciplinary framework of government lays down control only on employees?

28. Application of Principles of Natural Justice Protection under Article 311 Grant of Subsistence Allowance Entitlement after death etc. What are some of the positive elements you come across in the various provisions governing the service conditions

29. Reduction by 3 stages for 3 years 9900 9700 9500 9300 9100 8900 8700 8500 Normal progression 1-1-1997 1-1-1998 1-1-1999 1-1-2000 1-1-2001 1-1-2002 1-1-2003 During penalty Period of penalty

30. Withholding of ONE Increment for 3 years Withholding of NEXT Increment for 3 years Withholding of NEXT Increment for 3 years with CUMMULATIVE EFFECT 9700 9500 9300 9100 8900 8700 8500 1-1-2000 1-1-2001 1-1-2002 1-1-2003 1-1-2004 1-1-2005 1-1-2006 1-1-2007 Period of penalty Period of penalty Period of penalty 1-1-2000 1-1-2001 1-1-2002 1-1-2003 1-1-2004 1-1-2005 1-1-2000 1-1-2001 1-1-2002 1-1-2003 1-1-2004 1-1-2005 Normal progression During period of penalty

31. Reduction by 3 stages for 3 years +no increments during the period of reduction + with cummulative effect 9900 9700 9500 9300 9100 8900 8700 8500 1-1-1997 1-1-1998 1-1-1999 1-1-2000 1-1-2001 1-1-2002 1-1-2003 1-1-2004 1-1-2005 1-1-1997 1-1-1998 1-1-1999 1-1-2000 1-1-2001 1-1-2002 1-1-2003 1-1-1997 1-1-1998 1-1-1999 1-1-2000 1-1-2001 1-1-2002 1-1-2003 Period of penalty Period of penalty Period of penalty Normal progression During period of penalty

32. Censure Withholding of Promotion Recovery from Pay of whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders etc Reduction to lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect and not affecting his pension Withholding of increments MINOR PENALTIES (Rule 11) Go back End

33. This penalty may have indirect financial implications as the Govt servant may be at a disadvantage viz-a-viz a person with a clean record. The penalty has no currency and the person can be considered for and given promotion immediately after imposition of penalty. Censure End

34. This penalty has indirect financial implications. The Govt servant may not be recommended for promotion and even if recommended, he can be promoted only after the period of penalty is over. The penalty remains in force for the specified period. Withholding of Promotion Go back End

35. Financial implications of this penalty are limited to the amount decided to be recovered from his pay. Promotion can be given during the currency of this penalty. Recovery from Pay of whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders etc End Go back

36. The Govt servant suffers loss in pay and corresponding loss in allowances etc based on the stage of reduction. The penalty lasts for the specified period. Promotion cannot be given during the period of punishment. (ILLUSTRATION) Reduction to lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect and not affecting his pension End

37. Financial impact of this penalty depends on Whether ONE or NEXT increment is withheld. the period for which the penalty is imposed. whether the penalty will have cumulative effect, i.e., postpone his future increments The period of punishment is as specified in the order imposing penalty Promotion cannot be given during the currency of penalty If the penalty is for a period of more than three years, or is with cumulative effect or is likely to adversely affect the pension, then inquiry under Rule 14 of CCA Rules is mandatory. (ILLUSTRATION) Withholding of increments End

38. Inform the Govt servant by a Memorandum giving him time to make his representation. Enclose Statement of imputation of misconduct or misbehaviour. Record the findings on imputations of misconduct keeping in view the representation of the Govt servant, if any. If imputations are proved, impose one of the minor penalties otherwise exonerate the Govt servant Consult UPSC if necessary, before imposing penalty. Oral inquiry can be held in exceptional cases. Imposition of a Minor Penalty (Rule 16) Go back End

39. Cases which call for major penalty Reduction to a lower stage in the time scale of pay Reduction to a lower time-scale of pay, grade, post or service Compulsory Retirement Removal from service Dismissal from service MAJOR PENALTIES (Rule 11) End Go back

40. The Govt servant suffers loss in pay and corresponding loss in allowances etc based on the stage of reduction. The penalty lasts for the specified period. The impact of the penalty increases if increments are denied during the period of penalty. It is maximum if this is done with cumulative effect. Promotion cannot be given during the period of punishment. ( ILLUSTRATION) Reduction to lower stage in the time-scale of pay Go back End

41. This penalty also puts the Govt servant at a considerable financial loss, which depends upon the scale to which he is reduced the period for which reduced the pay allowed during reduction the conditions for restoration to the original grade, scale post etc. whether on restoration, the reduction will or will not have the effect of postponing the future increments of his pay. the seniority on the original post after such restoration The punishment remains in force during the period specified in the order imposing penalty.This penalty is generally a bar for future promotion. Promotion cannot be given during the currency of penalty. Reduction to a lower time-scale of pay, grade, post or service End

42. The Government servant is denied the right to continue in service till the age of superannuation, and the increments, promotions etc he might have earned during his remaining service. The Govt servant remains entitled to the proportionate pension on the basis of the service rendered by him unless the penalty is coupled with reduction in pension and gratuity in terms of Rule 40 of CCS (Pension ) Rules, 1972 (which can be maximum one third of the normal entitlement and reduced pension cannot be below the minimum limit). Right to leave preparatory to retirement is denied. Leave encashment is also not admissible in case cut in pension has been made. Compulsory Retirement

43. These are extreme penalties which can be imposed on a Govt Servant as these entail forfeiture of retirement benefits. Dismissal imposes disqualification from future employment under Government. However in certain deserving cases, relief in the form of Compassionate Allowance not exceeding the normal pension the Govt servant would have been entitled to and not less than the minimum pension or gratuity or both may be sanctioned. Removal or Dismissal from service End

44. Cases in which there is reasonable ground to believe that an offence has been committed but evidence forthcoming is not sufficient to launch prosecution in a court of law e.g. Possession of disproportionate assets Obtaining or attempting to obtain illegal gratification Misappropriation of Govt property, money or stores Obtaining or attempting to obtain any valuable thing or pecuniary advantage without valid consideration Cases for major penalty End Contd

45. Falsification of Govt records Gross irregularity or Negligence in performance of official duties with dishonest motives Misuse of official position or power for personal gain Disclosure of secret or confidential information False claims on Govt like TA, Medical reimbursement etc Cases for major penalty (contd) End Go back

46. Prepare a Charge Sheet. Get the Charge Sheet delivered to the Govt Servant. If all the charges are admitted, record your findings and take further action. If any charge is denied you can yourself conduct the oral inquiry or appoint an Inquiry Officer to conduct inquiry as per the procedure laid down in Rule 14. Appoint a Presenting Officer to present the case on behalf of the Deptt during Oral Inquiry . On receipt of the Inquiry Report take further action as may be necessary based on the findings of the Inquiry Officer. Steps for imposing major penalty End Go back

47. Procedure in Rule 14 to 18 need not be followed when it is proposed to impose a penalty on the ground of conduct which has led to conviction in a court of law. However, an opportunity may be given for making a representation against the penalty proposed. when the disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to hold an inquiry. When the President is satisfied that it would not be expedient to hold an inquiry in the interest of the security of the state. Imposition of penalty without holding inquiry (Rule 19) End

48. Any order made by the President. Any order of interlocutory nature or in the nature of step-in-aid of the final disposal of a disciplinary proceeding other than an order of suspension Any order passed by an Inquiry Officer during the course of inquiry. (However, an appeal can be submitted against an order of IO rejecting request for engagement of a Defence Assistant from some outstation.) Orders against which no appeal lies (Rule 22) End Go back

49. Order of suspension or deemed suspension Order imposing any of the penalties Order enhancing any penalty Order denying or varying pay & allowances, pension etc. Order of stopping at Efficiency Bar Order or reversion from a higher post otherwise then as a penalty Order reducing or withholding pension, gratuity etc. Order regarding regularisation of period of suspension or deemed suspension and pay and allowances for that period. Orders against which appeal can be submitted (Rule 23) End Go back

50. Authority specified in the Schedule or by a general or special order of the President Group ‘A’ & ‘B’ officers can submit appeal to the Appointing Authority if order is made by a subordinate authority and to the President, if the order is by any other authority. Group ‘C’ & ‘D’ officers can submit appeal to the Authority to which the authority which made the order is immediately subordinate. In case the penalty imposed by an authority other than President, is in respect of activities connected with the work as office bearer of an association etc, the Govt servant can file an appeal directly to the President. Appellate Authorities (Rule 24) End