Lok Sabha Question No. 1931 (UNSTARRED), answered on 2016-03-09
Subject: Punitive Action Recommended by CVC
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: LAXMI NARAYAN YADAV, RAMA DEVI, NANABHAU FALGUNRAO PATOLE

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 1931

(TO BE ANSWERED ON 09.03.2016)

## PUNITIVE ACTION RECOMMENDED BY CVC

## †1931. SHRI LAXMI NARAYAN YADAV:

SHRIMATI RAMA DEVI:

SHRI NANA PATOLE:

Will the PRIME MINISTER be pleased to state:

- (a) the number of cases recommended by the Central Vigilance Commission (CVC) for punitive  action  during  the  last  three  years  and  on  which  the  departments  and organisations concerned have taken action, year-wise and department-wise;
- (b) the reasons for not taking action in the remaining cases, if any;
- (c) the department-wise details of the cases out of the above which have been deemed to be  of  no  consequence  by  the  Departments  and  organisations  concerned  and  the officials involved have been let off-the- hook; and
- (d) the official-wise reasons for waiving proceedings?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR. JITENDRA SINGH)

(a)  &  (b):    The  Central  Vigilance  Commission  (CVC)  tenders  its  advice  on  references received  from  Ministries  /  Departments/  Organisations  against  certain  category  of  public servants under its jurisdiction. The CVC on considering the investigation reports furnished by the  Chief  Vigilance  Officer  (CVO)  or  the  Central  Bureau  of  Investigation  (CBI)  and depending on the facts of each case and the evidence/records available, advises:

- (a) initiation of criminal and/or regular departmental action (major or minor) against the public servant(s) concerned;
- (b) administrative action against public servants concerned; or

(c) closure of the case and such advices are termed as first stage advice.

The Ministries/ Departments/ Organisations initiate  disciplinary  action  in  individual cases  and  after  completion  of  the  proceedings,  are  required  to  consult  CVC  for  its  second stage  advice  only  in  cases  wherein the  disciplinary  authorities choose  to  impose  a  penalty other than the major or minor penalty advised earlier as first stage advice.

Break-up of first and second stage advices tendered by CVC during the years 2013, 2014 and 2015 is as under:

First Stage Advice tendered during 2013, 2014 and 2015

| Year                                         |   2013 |   2014 |   2015 |
|----------------------------------------------|--------|--------|--------|
| Criminal proceedings                         |     97 |     93 |     64 |
| Major penalty proceedings                    |    537 |    624 |    550 |
| Minor penalty proceedings                    |    191 |    270 |    243 |
| Administrative action, warning, caution etc. |    458 |    707 |    543 |
| Total                                        |   1283 |   1694 |   1400 |

## Second Stage Advice tendered during 2013, 2014 and 2015

| Year                                         |   2013 |   2014 |   2015 |
|----------------------------------------------|--------|--------|--------|
| Major penalty                                |    500 |    542 |    172 |
| Minor penalty                                |    181 |    229 |    156 |
| Administrative action, warning, caution etc. |    163 |    151 |     72 |
| Total                                        |    843 |    922 |    400 |

As  per  information  made  available  by  the  Departments/Organisations  to  CVC,  the total number of major penalties, minor penalties etc. imposed on public servants of various categories during the year 2013, 2014 and 2015 are as below:-

Action taken by the Departments on advice tendered by CVC

| Year   | Punishments Awarded   | Punishments Awarded   | Punishments Awarded   | Punishments Awarded   |
|--------|-----------------------|-----------------------|-----------------------|-----------------------|
| Year   | Major Penalty         | Minor Penalty         | Administrative Action | Total                 |
| 2013   | 1113                  | 1141                  | 426                   | 2680                  |
| 2014   | 863                   | 838                   | 443                   | 2144                  |
| 2015   | 1832                  | 1346                  | 414                   | 3592                  |

## Prosecutions Sanctioned by the Departments

|   Year |   Prosecution sanctioned (number of officers) |
|--------|-----------------------------------------------|
|   2013 |                                           176 |
|   2014 |                                           133 |
|   2015 |                                           132 |

Details of some of the organisations having maximum number of cases of prosecution sanctioned and penalties imposed where Commission's advice was obtained during 2013 and 2014, are as under:

| Sl.   | 2013                                | 2013   | 2014                          | 2014   |
|-------|-------------------------------------|--------|-------------------------------|--------|
| No.   | Organization                        | No     | Organisation                  | No     |
| 1     | Ministry of Railways                | 625    | Ministry of Railways          | 487    |
| 2     | Central Board of Excise and Customs | 165    | Indian Oil Corporation Ltd.   | 137    |
| 3     | Bank of Baroda                      | 154    | State Bank of India           | 128    |
|       | State Bank of India                 | 132    | Syndicate Bank                | 92     |
|       | Department of Telecommunications    | 127    | Department Telecommunications | 79     |

The details of cases recommended by the Central Vigilance Commission (CVC) for punitive  action  during  2013 and  2014  and  number  of  cases  on  which  the departments  and organisations  concerned  have  taken  action  and  also  the  number  of  cases  on  which  the Commission did not receive action taken reports or were pending action on 1 st stage and 2 nd stage advices, have been reported in the CVC's Annual Reports for the years 2013 and 2014.

(c) & (d): The Department wise details of the cases in which the departments/ organisations concerned had deviated/not accepted CVC's advice or had taken a very lenient view  and  exonerated  the  officers  and  which  were  reported  in  the  CVC's  Annual  Reports' during the years 2013 and 2014 are enclosed at Annexure 'A'.

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## Cases  of  Non-compliance/non-consultation  included  by  the  Commission  in  Annual Reports during the year 2013 and 2014

|   Sl. No. | Department/Organization                | 2013   |   2014 |   *2015 |
|-----------|----------------------------------------|--------|--------|---------|
|         1 | Bureau of Indian Standards             | 1      |      0 |       1 |
|         2 | Central Board of Direct Taxes          | 0      |      1 |       0 |
|         3 | Central Public Works Department        | 1      |      0 |       0 |
|         4 | Corporation Bank                       | 0      |      0 |       1 |
|         5 | Delhi Development Authority            | 4      |      3 |       2 |
|         6 | Delhi Transport Corporation            | 0      |      1 |       0 |
|         7 | Delhi Jal Board                        | 1      |      0 |       0 |
|         8 | Delhi Urban Shelter Improvement Board  | 0      |      1 |       0 |
|         9 | Employees' Provident Fund Organization | 0      |      0 |       2 |
|        10 | Government of NCT of Delhi             | 0      |      2 |       0 |
|        11 | LIC Housing Finance Ltd.               | 1      |      0 |       0 |
|        12 | Indian Rare Earths Ltd.                |        |      1 |       0 |
|        13 | Kendriya Vidyalaya Sangathan           | 0      |      0 |       1 |
|        14 | Municipal Corporation of Delhi         | 2      |      2 |       2 |
|        15 | Ministry of External Affairs           | 1      |      0 |       0 |
|        16 | Ministry of Human Resource Development | 0      |      0 |       1 |
|        17 | Ministry of Railways                   | 3      |      4 |       3 |
|        18 | National Highways Authority of India   | 0      |      1 |       0 |
|        19 | NHPC Ltd.                              | 0      |      0 |       1 |
|        20 | Oil &Natural Gas Corporation Ltd.      | 2      |      0 |       0 |
|        21 | Punjab National Bank                   | 0      |      0 |       5 |
|        22 | State Bank of India                    | 1      |      4 |       3 |

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