State Vigilance Commission - Nature of cases in which investigations and inqiries are to be entrusted to it.

GOVERNMENT OF MYSORE
Mysore Government Secretariat,
Vidhana Soudha,
No.GAD 29 SSR 72 Bangalore, Dated 4th August 1972.
CIRCULAR
Sub:- State Vigilance Commission - Nature of cases in which investigations and inqiries are to be entrusted to it.

The powers of the State Vigilance Commmission are co-extensive with executive powers of the State in regard to the conduct of Government servants but the cases in which inqiries can be entrusted to the Commission are only those that are enumerated in clause (a) of sub-rule (1) of rule 14A of the C.C.A. Rules and where imposition of a minor penalty is considered not adequate.
2. Though the Vigilance Commission is empowered to investigate into any instance of suspected misconduct on the part of any Government servant either suo motu or an allegation and Government or any other authority can request the Commission to investigate into an alleged impropriety of any Government Servant's conduct, the Heads of Departments are primarily responsible for maintenace of integrity of Government employees of their departments. It is neither practicable nor desirable to entrust to the Commission investigation and/or inquiry in each and every case of alleged misconduct on the part of a Government servant. In order to secure best advantage of a specialised agency like the Vigilance Commission, with limited staff at its disposal, it is necessary that only cases in which the head of the Department has prima facie reason to believe that the Government servants concerned might be held guilty of corruption misconduct, lack of integrity, malpractice or misdemanour and final conclusions cannot be reached, on the basis of evidence of its departmental officers in one place and/or records in the possession of the department itself, the Vigilance Commission could be requested to investigate into the affairs. While doing so, it is necessary for an authority, after considering the material before it, to intimate to the Vigilance Commission the alleged incidents, together with the nature of misconduct on the part of Government Servants involved in such incidents.
3. All Secretaries to Government and Heads of Departments are, therefore, requested to avoid reference to the Vigilance Commission in respect of vague allegations, which do not prima facie lead to a reasonable presumption, that the Government Servants concerned have Committed misconduct. Only cases, in which a preliminary inquiry cannot be conducted by the Departmental officers themselves due to complication nature of the case or on account of other reasons like the evidence being not available form departmental records etc., at one place and from one department, should be referred to the Vigilance Commission for investigation. Cases in which collection of material and evidence is simple and is not, for any reasons, beyond the control of the departmental officers, should be dealt with departmentally.
sd/-
Chief Secretary to Government.