Vigilance

1. ABOUT US
2. VIGILANCE ORGANISATION SETUP
3. FUNCTIONS OF CHIEF VIGILANCE OFFICER
4. FUNCTIONS OF UNITS OF VIGILANCE WING
5. VIGILANCE ANGLE
6. HOW TO LODGE A COMPLAINT
7. COMPLAINT HANDLING
8. CONTACT US
9. CIRCULARS/ORDERS
10. IMPORTANT/RELATED LINKS:-
    1. CVC
    2. DOP&T
    3. UPSC
    4. CBI

1.  ABOUT US

Vigilance Wing caters to Vigilance functions in respect of officers/officials posted in Department of Telecommunications and its sub-ordinate offices / DoT officers deputed to other Departments & Public Sector Undertakings (PSUs) / Board level executives in PSUs under DoT, viz, Bharat Sanchar Nigam Limited(BSNL), Mahanagar Telephone Nigam Limited (MTNL), Indian Telephone Industries Limited (ITI), Telecommunications Consultants India Limited (TCIL) , Bharat Broadband Network Limited (BBNL) and Autonomous body Centre for Development of Telematics (C-DOT). The cases related to above PSUs & other organizations under DoT are mainly processed through the Chief Vigilance Officers of the respective organizations.

The Vigilance Wing in Department of Telecommunications (DoT) is headed by a full time Chief Vigilance Officer (CVO) of the rank of Joint Secretary. The present CVO Shri Amitabh Gautam, is an officer of Indian Forest Service. He is assisted by Directors/Deputy Secretary and a group of vigilance officers/staff.

2.  VIGILANCE ORGANISATION SETUP

3.  FUNCTIONS OF CHIEF VIGILANCE OFFICER (CVO)

The Vigilance Unit of the Department of Telecommunications is responsible for vigilance activities in the organization under the general superintendence of the Central Vigilance Commission (CVC), the apex organization of the Government of India that controls anti-corruption measures and probity in public life. The vigilance unit is headed by a Chief Vigilance Officer of Joint Secretary level, who is assisted by Director/DS level officers and other group of officers for conduct of investigations, disciplinary proceedings and other follow-up actions.

The broad functions of Chief Vigilance Officer are:

• Scrutiny of complaints having vigilance angle.
• Direct investigation/inquiry of complaints having vigilance angle pertaining to Department of Telecommunications & various field offices of DoT.
• Investigation /enquiry of the complaints having vigilance angle through the vigilance units of the respective PSU/Autonomous bodies under the administrative control of the Department.
• Seeking advice from CVC on the cases having vigilance angle.
• Extend assistance/ liaison with CBI / Lokpal/ Police &other agencies in the investigation of cases.
• Examination of the self-contained notes/ SP’s reports received from CBI and its follow up.
• Handling of prosecution sanctions pertaining to Vigilance cases.
• Issues concerning suspension and other departmental action in vigilance matters.
• Conduct departmental/disciplinary proceedings in vigilance matters, in respect of all employees, including retired employees, having disciplinary authority in DoT.
• Coordination with CVC, UPSC, DoPT, CBI & other agencies on vigilance matters.
• Ratification of major penalties in respect of absorbed employees of BSNL.
• Handling and issue of orders in appeal, review and revision petitions relating to vigilance matters.
• Issue of vigilance clearance including CVC clearance.
• Preparation and maintenance of Agreed list, Officers of Doubtful Integrity (ODI) list and necessary action thereon.
• Coordination with the Chief Vigilance Officers of other organizations under DoT on vigilance matters.
• Conduct review meetings with the Chief Vigilance Officers of the PSUs /other organizations under the administrative control of the Department of Telecommunications on Vigilance matters.
• Identification of sensitive areas and monitoring implementation of rotational transfer policy.
• Scrutiny of Annual Property Returns & Intimation of acquisition/disposal of property submitted by the officers of the Department.
• Monitor Review exercise under FR-56(j) by respective Cadre Controlling Authorities in the Department and the PSUs under the Department
• Coordination for organizing training/workshop on vigilance matters.
• Observance of Vigilance Awareness Week.

4.  FUNCTIONS OF VARIOUS SECTIONS OF VIGILANCE WING

Vigilance Monitoring Section under Director (VM)

• Scrutiny & investigation of complaints/cases having vigilance angle, monitoring and examination of investigation reports submitted by the Vigilance units of the respective PSU/ other organizations under the administrative control of the DoT viz. BSNL, MTNL, ITI, TCIL, C-DoT and BBNL.
• Consultation with Central Vigilance Commission (CVC) for seeking advice in respect of the officers under the jurisdiction of the CVC.
• Acceptance of CVC advice and issue of order for initiation of disciplinary proceedings or other departmental actions
• Establishment and administrative matters of Vigilance unit.
• MIS, Computerization & software development work pertaining to vigilance wing.
• Coordination with CVC/ DoP&T for appointment of Chief Vigilance officers in the PSUs under DoT & other matters on Vigilance.
• Submission of monthly report to the CVC in respect of disposal of complaints, imposition of penalty etc.
• Coordination for conducting monthly review meetings with CVOs of all PSUs of DoT.

Vigilance Technical Section under Director (V.Tech)

• Investigation of complaints assigned and providing technical comments on various investigations.
• Handling Parliament Questions related with Technical Aspects.
• Organizing events for observance of Vigilance Awareness Week.
• Seeking first stage advice of Central Vigilance Commission in respect of departmental Investigation report pertaining to officers not absorbed in PSUs.
• Annual Report of Vigilance Work of DoT.
• Scrutiny of Annual Immovable Property Returns of DoT officials.
• Periodical/surprise inspection of Vigilance to different of units/office of the department.

Vigilance - I Section under Director (Vigilance-I)

• Prosecution & Departmental vigilance cases referred by the CBI and other investigating agencies.
• Consultation with the Central Vigilance Commission on the above matter.
• Preparation of list of Officers of Doubtful Integrity (ODI) and Agreed List.
• Handling cases for suspension and periodical review.
• Handling cases for grant of vigilance clearance.
• Interaction/co-ordination with CBI & other investigating agencies.

Vigilance - II Section (Group A) under Director (VA)

• Conduct of departmental disciplinary proceedings in respect of all Group 'A' officers of the Department of Telecom from the issue of charge sheet till the finalization of the proceedings.
• Consultation with the Central Vigilance Commission on the above matter.
• Consultation with the Union Public Service Commission wherever penalty is to be imposed.
• Disciplinary cases under Rule -9 of CCS (Pension) Rules, 1972 for Group 'A' officers.
• Handling all court cases of Group 'A' arising from the departmental disciplinary proceedings.
• Disciplinary proceedings under Rule-19 of CCS (CCA) Rules 1965 in conviction cases.
• Consultation with DoPT wherever required.

Vigilance - II Section (Group B) under Deputy Secretary (VB)

• Disciplinary cases under Rule 14, 16 & 19 of CCS (CCA) Rules, 1965 in respect of Group B officials who are not absorbed in BSNL/ MTNL.
• Disciplinary cases under Rule 9 of CCS (Pension) Rules, 1972 in respect of retired Group B officials who are not absorbed in BSNL/ MTNL
• Seeking UPSC advice in case of Group B retired officials before issuance of Final Orders to them.
• Ratification of penalty imposed on the employees absorbed in BSNL/ MTNL.
• Court cases in vigilance matters pertaining to Group B, C & D employees including retired officials.
• Vigilance clearance matter in respect of Group B officials sought by Vigilance-I Section.

Vigilance III Section under Director (VP)

• Handling/examination and issuance of order in respect of Appeals, Revision Petitions, Review Petitions and Mercy Petitions of all the officials of DOT.
• Examination /issue of clarifications in the matters relating to disciplinary proceedings after obtaining views of DoP&T if necessary.
• Examination of matters relating to Building Works in all the disciplinary cases.
• Handling of departmental disciplinary proceedings in respect of all Group 'C' & 'D' officers of the Department of Telecom from the issue of charge sheet till the finalization of the proceedings.

5.  VIGILANCE ANGLE

Vigilance angle is obvious in the following acts: -

1. Demanding and/or accepting gratification other than legal remuneration in respect of an official act or for using his influence with any other official.
2. Obtaining valuable thing, without consideration or with inadequate consideration from a person with whom he has or likely to have official dealings or his subordinates have official dealings or where he can exert influence.
3. Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a public servant.
4. Possession of assets disproportionate to his known sources of income.
5. Cases of misappropriation, forgery or cheating or other similar criminal offences.

2(a)There are, however, other irregularities where circumstances will have to be weighed carefully to take a view whether the officer’s integrity is in doubt. Gross or Wilful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority/superiors informed in time – these are some of the irregularities where the disciplinary authority with the help of the CVO should carefully study the case and weigh the circumstances to come to a conclusion whether there is reasonable ground to doubt the integrity of the officer concerned.

2(b) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case.

3.The raison d'être of vigilance activity is not to reduce but to enhance the level of managerial efficiency and effectiveness in the organization. Commercial risk taking forms part of business. Therefore, every loss caused to the organization, either in pecuniary or non-pecuniary terms, need not necessarily become the subject matter of a vigilance inquiry. Thus, whether a person of common prudence, working within the ambit of the prescribed rules, regulations and instructions, would have taken the decision in the prevailing circumstances in the commercial/operational interests of the organization is one possible criterion for determining the bona fides of the case. A positive response to this question may indicate the existence of bona- fides. A negative reply, on the other hand, might indicate their absence.

4.Absence of vigilance angle in various acts of omission and commission does not mean that the concerned official is not liable to face the consequences of his actions. All such lapses not attracting vigilance angle would, indeed, have to be dealt with appropriately as per the disciplinary procedure under the service rules.

6.  HOW TO LODGE A COMPLAINT

Information about corruption, malpractices, cheating, misconduct on the part of any employee/officer of Department of Telecommunications (DoT) or any activity causing financial/wrongful loss to DoT can be reported to:

Chief Vigilance Officer, Department of Telecommunications, Ministry of Communications, Room No. 901,  Sanchar Bhavan,20   Ashoka Road, New Delhi-110 001 Tele No : +91 11 23372111 Fax : +91 11 23372115 Email:mailto:cvo-dot[at]gov[dot]in

Note : Anonymous and Pseudonymous complaints are not entertained as the complainants who do not want to disclose their identity may make complaints under ‘Public Interest Disclosure & Protection of Informers’ Resolution 2004 (PIDPI).

7.  COMPLAINT HANDLING

The complaints received from various sources are scrutinized and depending upon the merit and after ascertaining veracity of the complainant, the complaints are investigated. The complaints pertaining to the DoT and its units and involving Board level executives of the PSUs under DoT are investigated directly by the DoT Vigilance, whereas the complaints pertaining to the PSUs are got investigated through the Vigilance unit of the respective PSUs.

The Investigation Reports are examined and sent to CVC along with specific recommendations of the competent authority for seeking first stage advice for the cases involving officers under jurisdiction of CVC. Disciplinary proceedings against the officers are initiated after acceptance of the CVC advice by the competent authority. In the case of unabsorbed suspected public servants (SPSs), the regular disciplinary proceedings are conducted in DoT Vigilance, whereas in case of absorbed SPSs, the proceedings are initiated by the respective PSUs as per the extant conduct rules.