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1. About us
Department of Telecommunications, Vigilance
Wing at DoT Head Quarters caters to Vigilance activities
including Vigilance/Disciplinary cases in respect of
Department of Telecom, various Telecom Circles of BSNL,
MTNL and other PSUs like ITI, TCIL and C-DoT . Group A
officers of BSNL and MTNL being on deemed deputation
from DoT, their vigilance/disciplinary cases are dealt
with DoT HQ Vigilance Wing in consultation with
statutory authorities like CVC and UPSC.
2. Complaint Handling
The complaints having vigilance angle are
dealt in Vigilance Wing of DoT. Those complaints are
normally received through CVC/PMO/Cabinet
Secretariat/President Secretariat/DoPT. Complaints are
also received directly from the aggrieved individuals.
Those are usually either directly investigated and/or
got investigated through the CVOs of concerned PSUs
under the administrative control of this Department. The
reports are, thereafter, submitted by the said PSUs
through their respective CVOs if the cases are either
involved unabsorbed officers/officials or cases of
composite nature i.e. consist of unabsorbed/absorbed
officers/officials. The said Investigation Reports are
examined and sent to CVC with specific recommendations
of the competent authority for 1st stage
advice. On receipt of the 1st stage advice of
CVC in this regard, the same are put up for acceptance
or otherwise by the Disciplinary Authority. On
acceptance of the same, RDA orders are issued for
initiation of penalty proceedings against the accused
officers/officials. In the case of unabsorbed SPSs, the
regular disciplinary proceedings are initiated by this
Wing and in case of absorbed SPSs, the proceedings are
initiated by the concerned PSUs as per rules.
3. Functions of Chief Vigilance
Officer(CVO)
Overall in-charge of handling:
(i)
Investigation of all cases involving vigilance
angle through CVOs of respective PSUs (i.e. BSNL/MTNL/ITI/TCIL/C-DOT)
(ii)
Direct investigation of complaints related with
function of various units of DoT.
(iii) Examination of request of CBI for
prosecution sanction of Gr.’A’ officers.
(iv) Initiation of disciplinary proceedings and
its final disposal.
(v) Disposal of appeals and petition.
(vi) Issue of vigilance clearance.
(vii) Court cases arising from the outcome of the
disciplinary proceedings arising out of vigilance cases.
(viii) Co-ordination with the CVO of MTNL, BSNL, ITI,
TCIL & C-DoT and holding regular meeting with them.
(ix) Liasioning & Periodical meetings with CVC.
(x) Obtaining advice at various stages from CVC/
UPSC in respect of disciplinary proceedings of Gr. ‘A’
officer.
5. Functions of various units of Vigilance
Wing
Vigilance – I Section
1. Examination of CBI investigation reports and
initiation of disciplinary proceedings in consultation
with CVC(1st stage advice).
2. Issuing order for Regular Departmental Action
for Major / Minor Penalty proceedings in respect of CBI
cases after the advice of CVC.
3. Issuance of prosecution sanction order under
Section 19 of Prevention of Corruption
Act,
1988, in CBI cases with
consultation of CVC for DoT officers.
4. Preparation of Agreed List & List of officers
of Doubtful Integrity.
5. Coordination and issuing Vigilance Clearance
in r/o DoT officials.
6. Co-ordination with CVC for issuing of
Vigilance Clearance for Board Level Appointees of PSUs
of DoT.
7. Preparation of para-wise comments in respect
of Court cases arising out of CBI cases & suspension
cases having vigilance angle, against DoT officers.
8. Liaison with CBI.
9. Seeking of 2nd stage advice in
respect of officers absorbed in BSNL/MTNL wherein the DA
is in disagreement with CVC’s 1st stage
advice.
10. Parliament Questions/RTI cases/VIP reference
pertaining to the above subject.
11. Placing DoT officers under suspension (in
appropriate vigilance cases), periodic review of
suspension, review of subsistence allowance, revocation
of suspension, Regularization of suspension period and
review of appeals/representations against suspensions.
Vigilance –II Desk (Group A)
1. Initiation and processing of departmental
disciplinary proceedings in the cases having vigilance
angle in respect of Group’A’ officers of Department of
Telecom belonging to Indian Telecom Service Group ‘A’,
Indian P&T Accounts and Finance Service Group ‘A’, P&T
Building Works Service Group ‘A’, General Central
Service Group ‘A’ and Wireless Planning & Co-ordination
Wing etc. from the stage of issue of charge sheet till
the Finalization of the proceedings.
2. Consultation with CVC for 2nd
Stage advice/reconsideration, UPSC & DoPT.
3. Preparation of para-wise comments in
respect of court cases related to disciplinary cases
having vigilance angle of Gr. A officers.
4. Disciplinary proceedings having vigilance
angle under Rule 9 of CCS(Pension) Rules, 1972 in
respect of Gr. ‘A’ officers.
5. RTI cases in respect of Gr. ‘A’ officers of
Department of Telecom. belonging to Indian Telecom.
Services, Indian P&T Accounts & Finance Service Gr.
‘A’, P&T Building Works Service Gr. ‘A’ & General
Central Service Gr. ‘A’ and Wireless Planning and
Co-ordination Wing etc related to Disciplinary cases
having vigilance angle.
6. VIP reference relating to disciplinary
cases of Group ‘A’ officers having vigilance angle.
Vigilance –II Desk (Group B)
1. Processing of departmental disciplinary
proceedings having vigilance angle in respect of Group’B’
officers of Department of Telecom belonging to Indian
Telecom Service Group ‘B’, Indian P&T Accounts and
Finance Service Group ‘B’, P&T Building Works Service
Group ‘B’, General Central Service Group ‘B’ and
Wireless Planning & Co-ordination Wing etc. from the
stage of issue of charge sheet till the Finalization of
the proceedings.
2. Consultation with CVC for reconsideration /
2nd Stage advice, UPSC & DoPT.
3. Disciplinary proceedings having vigilance
angle under Rule 9 of CCS(Pension) Rules, 1972 in
respect of Gr. ‘B’ officers.
4. RTI cases/VIP reference relating to
disciplinary cases having vigilance angle of Group ‘B’
officers of Department of Telecom .
5. Ratification cases of Group ‘B’ officers
absorbed in PSU against which a tentative decision of
penalty of Dismissal/Removal proposed by PSU for cases
having vigilance angle.
Vigilance –III Section
1. Policy matters relating to CCS(CCA) Rules.
2. Schedule of CCS(CCA), Rules
3. Review of disciplinary cases of Group ‘C’ &
‘D’ employees absorbed in MTNL/BSNL under Rule 37-A of
CCS(Pension) Rules 1972 in which the penalty of removal
or dismissal is proposed to be imposed for vigilance
case.
4. Appeals/Petitions from gazetted officers
against statutory penalties for vigilance cases.
5. Mercy petitions addressed to MoS(C&IT)/MOC&IT
in r/o statutory penalties for vigilance cases.
Vigilance Technical & Legal Section
1.
Investigation of assigned complaints of Technical nature
having vigilance angle.
2.
Providing technical comments on various other
investigations of vigilance cases.
3.
Dealing with the Minister’s cases regarding
allegations/complaints on Technical matters having
vigilance angle.
4.
Dealing with the Parliament Questions relating to
allegation/complaints on assigned Technical complaints
having vigilance angle.
5.
Conducting 5 days Vigilance & Disciplinary Training
Course for Group B & Senior officers of all the circles
of BSNL& MTNL.
6.
Conducting Vigilance Awareness Week and sending report
to CVC..
7.
Miscellaneous works relating to Vigilance Technical
Division of Vigilance Wing including sending of Annual
Report to Economic Advisor DoT for DoT annual report.
8.
Handling of Court cases in respect of disciplinary cases
of Group ‘A’, ‘B’ officers
having
vigilance angle.
9.
Handling of Court cases in respect of Appeal Review &
Revision Petitions of Group ‘A’, ‘B’ officers for
vigilance cases.
10.
Sending various reports to Legal Cell of DoT in respect
of Court Cases related to vigilance cases.
11.
Dealing with RTI cases related to V.Tech & Legal Section
of Vigilance Wing.
12. Request from officials for legal/financial
assistance and reimbursement of legal expenses to defend
cases in court of law for vigilance cases.
Vigilance Monitoring Section
(a) Vigilance Matter.
1. Investigation of complaints/cases having
vigilance angle & monitoring and examination of reports
thereon, pertaining to BSNL, MTNL, ITI, TCIL, C-DOT and
DoT
2. Seeking first stage advice of Central
Vigilance Commission in respect of vigilance cases
pertaining to Gr. A officers of the above PSUs under DOT
including composite cases.
3. Seeking of second stage advice in vigilance
cases in respect of officers/officials absorbed in
PSUs(in composite cases) where disciplinary authorities
propose to impose penalty in disagreement with CVC’s
first stage advice.
(b) Vigilance Administrative matter.
1. Appointment of Chief Vigilance Officers in
respect of PSUs under the control of DOT.
2. Parliament questions relating to Vigilance
matters in respect of DoT and PSUs.
3. Monitoring of RTI Cases of VM Section.
4. General administration/house keeping
(including security aspects)concerning vigilance wing.
5. General Co-ordination work in respect of
vigilance wing including Meetings.
6. Annual inspection of CCA’s/TERM units for
streamlining vigilance administration and procedures.
7. Vigilance clearance work-furnishing of
information/status of disciplinary/ vigilance cases to
Vig. I Section in respect of DOT and PSUs
8. Submission of monthly report to Central
Vigilance Commission.
9. Furnishing of Quarterly report to PMO/DoP&T
in respect of vigilance complaints received from
Anti-corruption Cell of PMO.
6. Vigilance angle
“Vigilance angle is obvious in the following acts: -
(i)
Demanding and/or accepting gratification other
than legal remuneration in respect of an official act or
for using his influence with any other official.
(ii)
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.
(iii)
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.
(iv)
Possession of assets disproportionate to his known
sources of income.
(v)
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 willful 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 organisation.
Commercial risk taking forms part of business.
Therefore, every loss caused to the organisation, 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 organisation 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.”
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