Lok Sabha Question No. 1719 (UNSTARRED), answered on 2016-05-04
Subject: Disregard to CVC Recommendations
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: LAXMI NARAYAN YADAV

## GOVERNMENT OF INDIA

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

## LOK SABHA UNSTARRED QUESTION NO. 1719

(TO BE ANSWERED ON 04.05.2016)

## DISREGARD TO CVC RECOMMENDATIONS

## †1719. SHRI LAXMI NARAYAN YADAV:

Will the PRIME MINISTER  be pleased to state:

- (a) whether a number of departments and organisations disregard the recommendations/advice of the Central Vigilance Commission (CVC) as a result of which the Government machinery has not become corruption free till now;
- (b) if  so, whether the Government proposes to take any action against such departments and organisations and if not, the reasons therefor; and
- (c) the  steps  taken/proposed  to  be  taken  by  the  Government  to  impress  upon  the departments and organisations to abide by the recommendations/advice of the CVC?

## 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) to (c):   The recommendations of the Central Vigilance Commission (CVC) are advisory in nature. The Disciplinary Authority is the final authority to take a decision on imposition of penalty or otherwise under the Statutory Rules governing conduct of a public servant.

Cases of disagreement between Disciplinary Authority and CVC  regarding proceedings/ sanction  for  prosecution  are referred to  Department of  Personnel  &  Training (DoP&T) for views/ advice in terms of Government of India (Transaction of Business) Rules 1961  and  as  per  directions  given  in  this  regard  by  DoPT  from  time  to  time.  Once  the Competent Authority in DoP&T gives its views, the Disciplinary Authority may have to take a considered final decision, keeping in view the advice given by the Competent Authority.

The Commission reviews the non-compliance of  its advice and takes  a  view as to whether  such  deviations  are  serious  warranting  inclusion  in  its  Annual  Report,  which  are placed in both houses of Parliament. The Commission has reported 28, 17 and 20 such cases in its Annual Reports for 2012, 2013 and 2014.

The Central Government is fully alive and committed to implement its policy of "Zero Tolerance  against  Corruption"  and  has  taken  several  measures  to  combat  corruption  and improve the functioning of Government. These include:

- (i) The Prevention of Corruption Act, 1988;
- (ii)    Enactment of Right to Information Act, 2005;
- (iii)   Enactment of Lokpal and Lokayuktas Act, 2013;
- (iv)   Enactment of Whistle-blowers Protection Act, 2011;

- (v) Issue  of  comprehensive  instructions  on  transparency  in  tendering  and  contracting process by the CVC;
- (vi)   Issue of instructions by the CVC asking the organizations to adopt Integrity Pact in major procurement activities; State Governments have also been advised to adopt Integrity Pact in major procurements;
- (vii)  Introduction of e-Governance and simplification of procedures and systems;
- (viii) Issue of Citizen Charters;
- (ix)   Ratification of United Nations Convention against Corruption (UNCAC) in 2011;
- (x)   Placing of details of  immovable property returns of all Members of the All India Services and other Group' A' officers of the Central Government in the public domain;
- (xi)    Setting  up  of  92  additional  Special  Courts  exclusively  for  trial  of  CBI  cases  in different states.

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