Obtaining documents from CBI for the purpose of departmental inquiry proceedings: CVC Circular No. 03/01/22 dated 12.01.2022
CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi- 10023
Circular No. 03/01/22
Subject: Obtaining documents from CBI for the purpose of departmental inquiry proceedings- regarding
(i) Commission’s Circular No. NZ/PRC/I dated 26.2.2004
(ii) Commission’s Circular No. 25/7/06 dated 06.07.2006
(iii) Commission’s Circular No. 18/12/20 dated 14.12.2020
(vi) Commission’s Circular No. 22/12/21 dated 08.12.2021
Central Vigilance Commission, as part of effective vigilance administration, gives due importance to timely finalization of inquiry proceedings.
2. However, it has come to notice that there have been occasions, when departmental inquiries are held up or slowed down due to non-availability of listed documents or delay in procuring/producing the same during the course of inquiry. One of the reasons Stated for delay in producing documents during Inquiry proceedings, is that in cases Investigated by CBI, the original documents remain in the custody of CBI. In this regard attention is invited to Para (vi) of Commission’s Circular No. 25/7/06 dated 06.07.2006, vide which it was directed that “It should be ensured that the listed documents are obtained from the CBI before issuing the charge sheet and. where parallel proceedings are to be initiated. a set of listed documents. dully certified is obtained from the CBI”. Further, in Para 6.9 (d) of Vigilance Manual 2021, it has been clarified that in respect of documents, which are taken in custody by CBI, “the departmental authorities may keep attested copies of the records for meeting urgent departmental needs or for disposing of any action that may be pending on the part of the Department”. Moreover, in para 6.9 (n) and 6.9 (0) of Vigilance Manual 2021, the procedure for obtaining documents from CBI, for the purpose of initiating departmental action has been clearly defined and enlisted. The Commission has directed that the above guidelines should be kept in mind for obtaining required documents from CBI, so that the inquiry proceedings do not suffer delay on this account.
3. The above guidelines may also be brought to the notice of all authorities concerned by the respective Chief Vigilance Officers.
4. It may be noted for strict compliance.
(i) The Secretaries of all Ministries/Departments of Gol
(ii) All Chief Executives of CPSUs/Public Sector Banks/Public Sector Insurance Companies/Autonomous Bodies etc.
(iii) All CVOs of Ministries/Departments of Gol/CPSUs/Public Sector Banks/Public Sector Insurance Companies/Autonomous Bodies etc.
(iv) Website of CVC