The Vigilance Cell of the P & A.R. Department is entrusted with the practices and procedure of disciplinary rules in relation to the Government servants belonging to the administrative and disciplinary control of this department. As Cadre Controlling Authority of I.A.S., W.B.C.S. & West Bengal General Service Officers the P & A.R. Department ensures through Vigilance Cell the duties and obligations of its officers in pursuance of prescribed Service Conduct Rules and initiates disciplinary actions for violation of such conducts by the officers concerned.
While the P & A.R. Department was an integral part of the Home Department ï¿½ the Vigilance matters of both Civil & Police Officers used to be dealt with from Vigilance Cell. After creation of P & A.R. Department exclusive of Home Department, the Vigilance Cell did continue to look after disciplinary matters of I.P.S. & W.B.P.S. Officers alongwith Civil Officers of A.I.S. & State Services as noted above. Thus the following categories of officers are under the vigilance/disciplinary control of P & A.R. Department :
|(A) Civil Servants|
|(a) I.A.S. Officers (borne by the State Cadre)||Under the Disciplinary control of the P & A.R. Department, headed by the Chief Secretary and assisted by a Principal Secretary/ Secretary.|
|(b) W.B.C.S. Officers|
|(c) W.B. General Service Officers (from Assistant Secretary onwards)|
|(B) Police Officers|
|(a) I.P.S. Officers (borne by the State Cadre)||Under the Disciplinary control of the Home Department headed by the Additional Chief Secretary, Home Department or Home Secretary.|
|(b) W.B.P.S. Officers|
|(c) Police Officers from the rank of D.S.P. and above|
|(d) Police Officers from the rank of Assistant Commi-ssioner of Police and above.|
(a) To provide an efficient and clean administration by adopting measures to eradicate corrupt practices as well as plug the loopholes for growth of malpractices.
(b) To bind the Government Servants by Conduct Rules with a view to preventing them from indulging in various misconducts.
(c) To exercise control through 'Vigilance Clearance' during confirmation/ promotion/foreign tour/retirement etc. of the Cadre Officers.
A) Vigilance Commission :
The Vigilance Commission is attached to the P & A.R. Department and acts as the effective instrument in dealing with Vigilance Matters of the State Government.
The Commission was set up vide Resolution No. 221-GAC dated 4th March, 1965.
The powers and functions of the Vigilance Commission have been detailed therein.
The cases which come under the purview of the Commission as laid down in Memorandum No. 23-GAC(Vig.) dated 02.02.1972 do involve corruption in which the consultation with the Vigilance Commission is obligatory. The allegations/complaints having no vigilance angle are disposed of departmentally.
The entire practice and procedure in the Vigilance Manual prescribes the process of investigation (Preliminary Enquiry/Regular Enquiry) including 'Open Examination' followed by framing of Articles of Charges, Nomination of the Inquiring Authority and the Presenting Officer and recommendation of the Vigilance Commission to the Disciplinary Authority.
B) District Level Units :
At the District level the vigilance functions are exercised by the District Magistrates, who have been designated as the District Vigilance Officers.
The Anti-Corruption Units at the district level manned by the Inspector/ Sub-Inspectors of Police undertake vigilance enquiry by order of the District Magistrate & District Vigilance Officer concerned.
The Anti-Corruption Bureau at the State level is attached and under control of the Vigilance Commission. The Anti-Corruption Bureau monitors the progress of enquiries at the State level as well as the District level.
The Vigilance Cell of P&A.R. Department receives all recommendations of the Vigilance Commission as well as the District Magistrates & District Vigilance Officers and examines them and decides them after consideration of the Disciplinary Authority.
C) West Bengal Human Rights Commission :
The recommendations of the West Bengal Human Rights Commission for drawal of departmental proceeding/disciplinary action against Government Servants for violation of human rights are also considered and disposed of through due process in the Vigilance Cell by framing Articles of Charges to cause inquiry under prescribed rules.
(D) Public Service Commission :
(i) The Union Public Service Commission [for All India Service Officers] & (ii) The West Bengal Public Service Commission [for State Services] are consulted statutorily for advice on the penalty proposed in the departmental proceeding when the Charged Officer is held guilty.
(E) Government of India :
(a) Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training ï¿½ [For IAS Officers borne in the State Cadre]
(b) Ministry of Home Affairs ï¿½ [For IPS Officers borne in the State Cadre]
- The Vigilance Cell primarily deals with cases of Departmental Proceedings drawn against the categories of both Civil and Police Officers under its disciplinary control.
- The Cell keeps record and issues receipt in respect of Statements of Declaration of Assets submitted annually by the concerned officers under its disciplinary control.
- As Cadre Controlling Authority the issue of 'Vigilance Clearance'/Integrity Report requisitioned with regard to confirmation, promotion, central deputation, obtaining Passport, foreign tours and retiral/pensionary benefit are dealt with in the Vigilance Cell.
- The orders of suspension ï¿½ as and when required in respect of officers under its control ï¿½ are issued from this Cell.
- Sanction of Prosecution ï¿½ while Criminal Proceedings are instituted against the Officers as noted above ï¿½ is accorded from this Cell.
- Relevant Circulars/Guidelines are issued from time to time to facilitate the process of investigation in vigilance matter by the Investigating Agencies.
- Annual Report of the Vigilance Commission alongwith Action Taken Report thereon by the P & A.R. Department is processed in the Vigilance Cell to be laid in the West Bengal Legislative Assembly.
Vigilance function (Procedure in brief):
a) Dealing with the Complaints-
The complaints viz. Signed/Anonymous/pseudonymous , source informations received in this department directly or through its offices are usually processed for verification. The name of the complainant is not disclosed till the Govt. has reached upon a decision that on the basis of secret information, Vigilance enquiries would be initiated., because, it attracts enmity for the complainant.
The complaints , which are not specific or verifiable in nature, will be filed after obtaining the orders of the authority. If the same contains any verifiable information/event, those complaints would be referred to the Vigilance Commission for enquiry. Complains which do not substantiate would be treated as closed under the order of the disciplinary authority.
If the enquiry report prima facie substantiates the Disciplinary Authority asks the officer to avail opportunity of open examination.
b) Initiation of proceedings –
After obtaining the report of enquiry the Disciplinary Authority decides whether to cause necessary disciplinary proceeding against the officials involved.
c) Enquiry –
The Disciplinary Authority issues instruction to the cell for framing the charges and after receiving defence statement from the Charged Officer to cause detail enquiry through its attached offices.
- Proposal of punishment –
On the basis of the enquiry report the Disciplinary Authority decides either to exonerate the Charged Officer from the charges or propose punishment.
- Second show cause notice –
As per provision of the prevailing rule second show cause is issued to the Charged Officer for submission of his comment on the enquiry report/ proposed punishment.
g) Opinion of the UPSC/PSC –
Considering the status of the Officer the case is forwarded to the UPSC/PSC for their opinion.
h) Final Order -
After receiving the opinion of the UPSC/PSC final order of the punishment is issued and served to the Charged Officer and to the respective cell/ Department for implementation.
In specific cases ascent of the Governor is obtained as per procedure.
Personnel and Administrative Department is responsible through the Vigilance Cell for supervision, monitoring and review of work related to enforcing accountability including cases of corruption and misconduct of All India Services Officers serving in connection to the affairs of the State, State Civil Service officers, W.B Police Service Officers and Secretariat Service Officers.
As there are two Departments which are involved with the function of the Vigilance cell the organisational set up is different, below the rank of the Chief Secretary, as detailed below:
B) Vigilance Commission Set Up :
The Vigilance Commission is headed by the Vigilance Commissioner ( appointed from the retired IAS/IPS Officers). He is assisted by five wings for proper functioning.
a) Secretariat wing :
- Headed by the Secretary (rank of Special Secretary / Joint Secretary from IAS Cadre)
- Joint Secretary - 1
- Deputy Secretary - 2
- Assistant secretary - 1
- Special Officer - 1
- Section Officer - 3
- Other Staff of Various Catagories
b) Anti Corruption Bureau :
- Inspector General of Police (IPS Cadre Post)
- Superintendent of Police
- Deputy superintendent of Police
- Sub Inspectors
- Assistant Sub-Inspectors
c) Quasi Judicial Wing :
- Commissioner for Departmental Enquiries –2 (Member from Higher Judicial Service- On Deputation or Re-Employed).
- Deputy Commissioner for Departmental Enquiries –4 (WBCS Exe Officers on deputation).
- Law Officer
d) Technical Cell :
- Superintending engineer
- Assistant Engineer
- Sub-Assistant Engineer
e) District Anti-Corruption Unit (In every district)
- District Magistrate Ex-Officio District Vigilance Officer
- Inspector of Police
- Sub-Inspectors of Police.
Eradication of corruption can only be achieved with the co-operation of all right thinking people in their active support to eliminate the scourge. At the same time the windows of the administration should remain open to receive the informations and also to remain alert to take actions against the miscreants actively.
TIPS FOR LODGING COMPLAINTS :
- Any member of the public/official can lodge a complaint
- Complaints can be sent through post, fax or can be handed over personally.
- Complaints should be signed and should contain the name and address of the complainant
- Normally anonymous/pseudonymous complaints are not handled. But if they contain specific complaints against specific persons they can be enquired into
- Furnish complete details of incident involving corrupt official/department/travel agent/handling agency with verifiable facts and substantial evidence in support of allegation
- Complaint should be factual and specific. As far as possible, furnish details about date, time and place of occurrence with particulars of witnesses, if any.
- Send complains to:
|Name||Address||Phone No.||Mail Address|
|Chief Secretary to the Government of west Bengal||Writers' Buildings, Kolkata – email@example.com|
|Principal Secretary||P& AR Department, Govt. of West Bengal, Writers' Buildings, Kolkata – 700001.||2214-5444|
|Additional Chief Secretary||Home Department, Govt. of West Bengal, Writers' Buildings, Kolkatafirstname.lastname@example.org|
|Director General and Inspector General of Police||Writers' Buildings, Kolkata-700001||Ph. No. 2214-5400|
|Commissioner of Police, Kolkata||Lalbazar, Kolkata.||Ph. No. email@example.com|
|Central Vigilance Commission||Satarkata Bhawan, GPO Complex, Block – 'A', INA, New Delhi-110023||Fax No. firstname.lastname@example.org|
|W.B. Vigilance Commission||Bikash Bhawan, Salt Lake, Kolkata - 700091||Ph. No. 2334-0506 / 0507|
|Superintendent of Police|
Location of the Office
Phone No/e-mail address
Vigilance matter,Integrity Report.
Block-I (1st floor), Writers' Buildings., Kolkata –700001
O.S.D.& E.O. Dy secretary
Block – 'E' (2nd Floor) Writers' Buildings., Kolkata-700001
Ph. No. 2214-1160
Integrity Report and Establishment matter, Declaration of Asset
Block – 'E', (2nd Floor), Writers' Buildings., Kolkata-700001.
Ph. No. 2254-4473
Vigilance matter, Integrity Report
Block – 'E', (2nd Floor), Writers' Buildings, Kolkata-700001.
Ph. No. 2254-4493
Declaration of Asset receiving and preservation
Block-I, (2nd Floor), Writers' Buildings, Kolkata – 700001.
Ph. No. 2254-4077
- Relevant Acts and Rules :
- The All India Services (Conduct) Rules, 1968.
- The All India Services (Discipline and Appeal) Rules, 1969.
- The All India Services (Death-cum-Retirement Benefit) Rules, 1958.
- The West Bengal Government Servants' Conduct Rules, 1959.
- The West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980
- The West Bengal Services (Classification, Control and Appeal) Rules, 1971.
- The West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971.
- The Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1973.
- The Prevention of Corruption Act, 1988.
- The Indian Penal Code. (Relevant Sections).
- The Code of Criminal Procedure, 1973 (Relevant Sections).
- Circular and Memos :
- Government Resolution setting up the Vigilance Commission [Government Circular No.221-GAC, dated 4th March 1965]
- Powers and functions of the Vigilance Commission-Procedure of work-Matters the Commission concerned with [Government Circular No. 23-GAC, dated 2nd February 1972]
- Necessity of avoidance of reference to Vigilance Commission's recommendation in issuing notices and passing orders in departmental proceedings [Government Circular No.179-GAC (Vig.), dated 16th June 1971]
Powers of Anti-Corruption Bureau Officers to examine Government servants and obtain their written statements, inspect and seize documents in course of inspection [Government Circular No.174-GAC (Vig.), dated 15th March 1973, read with Government Circular No. 698-GA, dated 11th February 1966]
- Delay in the conduct of disciplinary proceedings – Time – Schedule for different stages [Finance Department Circular No. 3772-F, dated 4th November 1967]
- Government Circular No. 40-GAC(Vig.), dated 6th February 1973
- Government Circular No. 302-GAC, dated 10th May 1973
- Government servants having doubtful integrity-Instructions regarding grant of promotion and extension/re-employment [Government Order No.339-GAC(Vig.), dated 28th May 1973]
- Treatment of anonymous and pseudonymous complaints [Government Order No.3726-AC, dated 29th October 1964]
- Question of giving permission to government servants who have been proceeded against departmentally to engage legal practitioners [Chief Secretary's Circular No.590-GAC(Vig.), dated 28th August 1974]
- Confirmation, promotion of Government servants against whom Vigilance enquiry/case is pending [Chief Secretary's Circular No. 224-P&AR(Vig.), dated 12th June 1980]
Withholding of pension/gratuity due to retired Government employees of the Government of West Bengal on ground of pending Vigilance cases [Chief Secretary's Circular No. 408-P&AR(Vig.), dated 3rd July 1982]
- Foreign travel by State Govt. employees etc. for foreign assignment, foreign training, fellowships, seminars under various schemes [Chief Secretary's Circular No. 285-PAR(Trg.), dated 26th March 1985]
- Foreign travel-procedural Instructions regarding [Chief Secretary's Circular No.987 (47) PAR(Trg.), dated 31st October 1987]
Submission of Declaration of Assets of the West Bengal General Service Officers borne under the cadre of Home(P&AR) Department of the Government [Home(P&AR) Department Circular No. 656(50)-P&AR(Vig.), dated 20th April, 1992]
- Chief Secretary's Circular No. 1576(100)-P&AR(Vig.), dated 17th September 1982 – Destruction of Declaration of Asset 4 years after retirement.
- Order No. 3873/PN/0/iii/3C-9/96(i), dated 25th July, 2000 – Zilla Parishad in 16 Districts at Siliguri Mahakuma Parishad agreed to accept jurisdiction of the Vigilance Commission, West Bengal.
- Vigilance Cell Contact Nos. :
- DOs And Don'ts :
- Remain conversant with
- The All India Services (Conduct) Rules. (For All India Service Officers)
- The West Bengal Government Servants' Conduct Rules, 1959.(Repealed but descriptive)
- The West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980
- The Prevention of Corruption Act,1988
- Submit Declaration of Asset within schedule date.
- Write in detail in every column in the form.
- Always receive permission from the competent authority before procuring as well as disposal of asset not only for yourself but also for all dependent family members.
- For enquiry send mail to jtsecyvigpar @ yahoo.in along with your mail address. Short replies will be available as far as practicable.
- Remain conversant with