CVC dispensed with consultation for reconsideration of 2nd stage advice - Office Order No.10/09/20 dated 9th September, 2020

CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi-110023
No.008/VGL/027-459659
Dated 09/09/2020
Office Order No.10/09/20
Sub.: Reference to the Commission for reconsideration of its advice- Dispensing with reconsideration of second stage advice - reg.

Ref.: (i) Commission’s Letter No.000/DSP/1 dated 06/03/2000.
(ii) Commission’s Circular No.15/4/08 dated 24/04/2008.
(iii) Commission’s Circular No.06/08/2020 dated 06/08/2020.

Para 1.6.4 of Chapter 1, Paras 7.19.3 and 7.28.5 of Chapter VII of Vigilance Manual, 2017 and aforesaid Circulars provide for consultation with the Commission, if the administrative authorities do not agree with Commission’s advice and propose to take either a “lenient view” or a “stricter view” than recommended by it, for reconsideration of its 1st stage or 2nd stage advice.
2. The Commission has analysed the cases received for reconsideration of its second stage advice tendered, and observes that second stage advice is tendered based on inputs received from Departments / Organisations which includes all material / information pertaining to the individual disciplinary case. Further, in most of the cases, Commission had reiterated its earlier advice tendered at second stage and in almost all such proposals, no new material / additional facts were brought out by the Departments / Organisations to justify any change. Also, in such cases of second stage advice, there is little scope for reconsideration. Such proposals also result in avoidable delays in finalization / issue of final orders by the Disciplinary Authority concerned.
3. The Commission, therefore, taking into consideration the above and the time lines to be adhered for finalisation of disciplinary cases, in supersession of its existing instructions / provisions in the Vigilance Manual, 2017 has decided to dispense with consultation for reconsideration of its second stage advice. Accordingly, no proposal for reconsideration of the Commission’s second stage advice would be entertained in future. The provisions of the Vigilance Manual would stand amended to that extent.
4. However, the Commission would entertain references for reconsideration of its first stage advice within one month of receipt of the Commission’s first stage advice only in those exceptional individual cases having additional/new material facts, as prescribed in its Circular No.06/08/2020 dated 06/08/2020.
5. All CVOs/Administrative Authorities should ensure strict compliance to the above instructions.
(J. Vinod Kumar)
Director

To:

  1. All Secretaries of Ministries / Departments of GoI /CMDs/Chief Executives/ Heads/CEOs of CPSEs / PSBs / PSICs / FIs / Autonomous Organisations, etc.

  2. All Chief Vigilance Officers of Ministries / Departments / CPSEs / PSBs /PSICs /FIs / Autonomous Organisations, etc.

Original Office Order in PDF for download/print purposes:
008-VGL-027.pdf (582.4 KB)