Saturday, July 2, 2011

Disposal of cases received from the Bureau of Investigation of the Vigilance Commission - Stipulation of the time limit-

GOVERNMENT OF MYSORE
No.GAD 57 PVC 68 Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 7th June 1969.
OFFICIAL MEMORANDUM
Sub:- Disposal of cases received from the Bureau of Investigation of the Vigilance Commission - Stipulation of the time limit-
Under the provisions of the Mysore State Vigilance Commission Rules, 1965, the Vigilance Commision may investigate or enquire into the allegations made against Government servants either suo motu or on a reference from Government or from any other authority. If after the investigation is completed by the Bureau of Investigation in any case, the Commission is of opinion that disciplinary proceedings should be taken in such a case, it will forward the record of investigation along with its recommendations to Government. After examining such records Government will have to take a decision whether an enquiry is to be held or not.
2. It has been brought to the notice of Government that there is a large number of such cases where no decisions have been taken on the investigation reports or preliminary reports of the Bureau of Investigation of the Vigilance Commission. Before a Departmental Enquiry is ordered against a Government servant it is necessaty to scrutinise the evidence collected in course of preliminary enquiry and the authority competent to order the enquiry is to satisfy itself that there is prima facie case for starting disciplinary
proceedings against the Government servant concerned. It should not be difficult for the disciplinary authority to go through the record of investigation of the Vigilance Commission in any particular case within a period of 2 to 3 weeks from the date of receipt of the papers from the Vigilance Commission and take a decision whether regular inquiry proceedings by appointing an Inquiry Officer should be ordered or the appropriate disciplinary authority asked to take action in accordance with the provisions of Rule 12 of CCA Rules. Once a decision to institute inquiry proceedings is taken, special care should be taken to ensure that the entire proceedings are completed within a maximum period of 5 months (This will include the time taken to appoint an Inquiry Officer).
3. The above time limit should be strictly adhered to. Where for certain reason it is exceeded, it will be the duty of the departmental Secretary to make a detailed report to GAD giving particulars of the case received from the Vigilance Commmission after necessary investigation by the Commmission, the decision taken by the Department for institution of Inquiry proceedings and the progress of such inquiry.
4. All pending cases should be reviewed in the light of these instructions and a special report may be submitted to the Chief Secretary by 20.6.1969 without fail.
R.N.Vasudeva,
Chief Secretary to Government.

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