Objective

At the end of this session,

we will be able to –
(a) Describe the functioning of Vigilance
Organisation in Indian Railways.

(b) Prepare ourselves to work diligently in

the best interests of Indian Railways.

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 The term ‘vigilance’ may be defined as the action
or state of keeping careful watch on internal
system to ward off possible danger or
difficulties.

 It is a tool of management to:

 Protect from internal pit falls,
 Function as a mechanism of control,
 Protect the honest person,
 Punish dishonest persons as a deterrent action.

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 MISCONDUCT
It may be defined as wrongful, improper, or unlawful
conduct motivated by premeditated or intentional purpose
or by obstinate indifference to the consequences of one's
acts. Misconduct can be considered an unacceptable or
improper behavior, especially for a professional person.

CORRUPTION
It may be defined as an act done with an intent to give some
advantage inconsistent with official duty and the rights of
others. It includes bribery, but is more comprehensive;
because an act may be corruptly done, though the advantage
to be derived from it be not offered by another.
Thus, ‘Corruption is the abuse of entrusted
power for private gain’
 A public servant is said to commit the offence
of Criminal Misconduct, if he habitually accepts
or obtains or agrees to accept or attempts to obtain
from any person for himself or for any other person
any gratification other than legal remuneration as a
motive or reward
Prevention of Corruption Act 1988 provides
for an offence of “Criminal Misconduct” in the case
of public servant.
 An independent international organisation, namely-
Transparency International conducts surveys and
compiles the Corruption Perception Index (CPI) for
various countries.
 The table below indicates that indulgence in corrupt
practices is prevalent in India and needs sincere efforts
to curb it.
Countries Rank as per CPI
Years 2010 2015 2020
New Zealand 001 001 001
India 91 076 086
Somalia 178 167 179 8
 2020 - CPI - Transparency.org

The main objectives of vigilance organization are:-

To bring about fairness and purity in service

Simplification of systems & procedures
Bringing about transparency in systems
Periodical review of existing systems to plug the loop holes
Protecting honest persons
Bringing about greater degree of awareness amongst the
employees about vigilance so as to create corruption–free
ambience.
 COMPLAINT: Receipt of information about
corruption, malpractice or misconduct on the part of
public servants, from whatever source, would be
termed as a complaint.

 Information about corruption, malpractice or

misconduct on the part of public servants may flow to
the administrative authority/ the CVC/the CBI/the
police authorities from various sources:

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 (a) Complaints received from employees of the
organisation or from the public;
 (b) Departmental inspection reports and stock verification
surveys;
 (c) Scrutiny of annual property statements;
 (d) Scrutiny of transactions reported under the Conduct
Rules;
 (e) Reports of irregularities in accounts detected in the
routine audit of accounts; e.g. tampering with records,
over-payments, misappropriation of money or materials
etc.;
 (f) Audit reports on Government accounts and on the
accounts of public undertakings and other corporate
bodies etc.;
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 (g) Reports of Parliamentary Committees like the
Estimates Committee, Public Accounts Committee
and the Committee on Public Undertakings;
 (h) Proceedings of two Houses of Parliament;
 (i) Complaints and allegations appearing in the press
etc.;
 (j) Source information, if received verbally from an
identifiable source, to be reduced in writing; and
 (k) Intelligence gathered by agencies like CBI, local
bodies etc.

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 As a general rule, no action is required to be taken on
anonymous and pseudonymous complaints.
 However, if it is proposed to investigate any verifiable facts,
contained in such complaints, the matter has to be referred
to the Railway Board, irrespective of the status of the
employees complained against.
 Board will then consider the railway’s recommendation and
if it is considered that the complaint merits investigation,
Railway Board would, in turn, obtain CVC’s concurrence for
investigation of such complaints.
 Notwithstanding this procedure, where the Commission
itself calls for a report on a complaint, even though it is
pseudonymous or anonymous, it should be treated as a
signed complaint and investigated.
 {CVC’s letter No.002/VGL/61 dated 23.9.03, circulated under Board’s
letter No.2003/V-I/Comp/1/3 dated 17.11.2003}
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14
 CVC involves itself in such cases in which there is a
vigilance angle.
In other cases where it concludes that the lapses do not
attract vigilance angle, however, it does not imply that the
concerned official is not liable to face the consequences of his
action. Necessary disciplinary action will have to be taken by the
concerned disciplinary authority under conduct/disciplinary rules,
as deemed appropriate. These cases are not to be referred to CVC for
any further advice.
Following cases may also be taken up if there is reasonable ground
to doubt the integrity of the officer—

Cases of 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
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Conceptualisation— On the recommendations of the
Committee on Prevention of Corruption, popularly known as the
Santhanam Committee, The Central Vigilance Commission
(CVC) was established by the Government of India on 11th
February 1964 as an apex body for exercising general
superintendence and control over Vigilance Administration.
Statutory Status— The CVC Act 2003 provides for
constitution of the Central Vigilance Commission, to inquire or
cause inquiries to be conducted into offences alleged to have been
committed under the Prevention of Corruption Act 1988.
Jurisdiction— The jurisdiction of CVC extends to all
organizations to which the executive power of the Union.
However, for practical reasons, the Commission presently
advises only on vigilance cases of Group ‘A’ officers in
Central Government, All India Service Officers, and other
officers of public sector undertakings, autonomous organizations,
local authorities, societies etc. as notified by the Government.
The Central Vigilance Commission consists of 1 Central Vigilance
Commissioner (CVC) and 2 Vigilance Commissioners (VCs).

The appointments of the CVC and VCs are made by the President on the
recommendations of a Committee consisting of—

 the Prime Minister,

 the Minister of Home Affairs and

 the Leader of the Opposition in the Lok Sabha.

The CVC is assisted by 1 Secretary, 2 Additional Secretaries and

other staff which include 9 officers, 1 OSD and 4 Under Secretaries. In
addition, there are 14 Commissioners for Departmental Inquiries
(CDIs). The Commission is also assisted by its Technical Wing called
the Chief Technical Examiner’s Unit.
VIGILANCE ORGANISATION in
Ministry of Railways

Railway Board
Vigilance Directorate
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 Railway Vigilance Organization in its present form has largely
come about as a result of the recommendations of Railway Corruption
Inquiry Committee (1955) under the Chairmanship of late Acharya J.B.
Kripalani, Santhanam Committee (1964) and Administrative
Reforms Commission (1970) and subsequent reviews from time to
time.

Presently, Central Vigilance Commission is in-charge of

superintendence of Vigilance in all Central Govt. departments.

Principal Executive Director (Vigilance) is also the Chief

Vigilance Officer of the Ministry of Railways and reports to CVC.

The Vigilance Directorate reports to Chairman, Railway Board,

who is the functional Member in-charge of Vigilance.
S TRUCTURE OF VIGILANCE DIRECTORATE
 INDIAN RAILWAYS VIGILANCE MANUAL
2018
Link for Rly. Bd.Vigilance Directorate Webpage:
https://indianrailways.gov.in/railwayboard/view_section.jsp?lang=0&i
d=0,1,304,366,546
Link for IRVM2018 issued by Rly. Bd.Vigilance:
https://indianrailways.gov.in/railwayboard/uploads/directorate/vigila
nce/VM_2018/IRVM_2018.htm

All modifications, circulars can be found on the webpage of Vigilance

Directorate, Railway Board here
http://www.indianrailways.gov.in/railwayboard/view_section.jsp?lang=0&id=
0,1,304,366,546,843

All CVC Circulars on Inquiry/disciplinary matters

http://www.cvc.nic.in/notification/Inquiry-disciplinary-matters

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 FUNCTIONS OF RLY BD.VIGILANCE
While it is difficult to outline an exhaustive list of functions & responsibilities of
Vigilance functionaries, as the sphere of Vigilance is ever-evolving, an indicative
list is as under:

(i) Undertake prompt investigation of authenticated complaints, with special

emphasis on Presidential & PMO references/CA-iii references, CAG
references, CVC-referred complaints, complaints appearing in the media and
serious complaints, involving malafide intent, sent by members of the
public.

(ii) Carry out checks, with follow-up investigations, on serious cases of

irregularities, based on source information.

(iii) Ensure speedy processing of Vigilance cases at all stages. Undertake regular
review of these cases.
 FUNCTIONS OF RLY BD.VIGILANCE
iv. Ensure that charge sheets are prepared accurately, without any loopholes,
and relevant documents are carefully sorted out and sent promptly to the
Inquiry Officer.

v. Ensure prompt appointment of the Presenting Officer (PO) and the Inquiry
Officer (IO) for DAR inquiries.

vi. Ensure that DAR inquiries are conducted expeditiously by Inquiry Officers,
who are under the administrative control of SDGMs.

vii. Process the IO’s report properly and expeditiously for obtaining final orders
of the Disciplinary Authority.

viii. Ensure that the Central Vigilance Commission (CVC) is consulted at all
relevant stages (details in Chapter-2), in an expeditious manner.
 FUNCTIONS OF RLY BD.VIGILANCE
ix. Ensure prompt submission of returns to CVC.

x. Maintain close liaison with CVC, CBI and DoPT.

xi. Take proper and expeditious action with regard to Court cases.

xii. Ensure that proper assistance is given to CBI for investigation of cases.

xiii. Develop a system of collecting intelligence about malpractices being

committed in the Organization.

xiv. Scrutinize reports of Parliamentary Committees, Audit Reports, proceedings

of both Houses of Parliament, news items in the media, annual property
statements, etc. to obtain information about irregularities that pertain to the
Organization.

xv. Keep a close watch on the functioning & integrity of personnel in the
Vigilance department itself.
 FUNCTIONS OF RLY BD.VIGILANCE

xvi. Undertake review of existing rules & procedures, with a view to plug
loopholes and suggest systemic improvements to curb corruption.

xvii. Maintain close surveillance on officials of doubtful integrity, and those who
are on the ‘Agreed’ and ‘Secret’ lists.

xviii. Arrange regular and surprise inspections at sensitive work units, which are
susceptible to corruption.

xix. Monitor adherence to aspects of Conduct Rules relating to integrity.

xx. Disseminate awareness about Vigilance, through Vigilance bulletins,

seminars, workshops, lectures, etc.

xxi. Undertake regular inspection of the Vigilance branch.

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 ZONAL RAILWAYS
VIGILANCE ORGANISATION
At the level of Zonal Railways, the Vigilance Organization
is headed by the SDGM, who is also designated as the CVO.

The CVO reports directly to the General Manager/Head of

the Unit. He is generally in the rank of Joint Secretary to the
Government of India. He is assisted by Vigilance officers drawn
from various disciplines of Railway services as Dy. CVOs,
Vigilance Officers and Assistant Vigilance Officers, Chief
Vigilance Inspectors and inspectors, Watchers etc. The exact
composition of Vigilance officials varies across Railways.
i. The duties and functions mentioned for the CVO of the Ministry of
Railways would also ipso facto be applicable to the CVOs of Zonal
Railways to the extent they are concerned with these functions.
ii. In addition to the functions stated above, the CVOs will scrutinize all the
complaints/source information or otherwise. They will further ensure
that a time schedule is drawn up by the concerned Dy. CVOs/ VOs with
their VIs, for all the investigations to be conducted by Railway Vigilance
and that all investigations are finalised within two months and the
investigation reports submitted to Railway Board in the cases involving
gazetted officers within a period not exceeding three months.
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 (Prevention of Corruption Act 1988)
Section 13 : Criminal misconduct by a public servant

1. A public servant is said to commit the offence of criminal

misconduct:-

(a) If he habitually accepts or obtains or agrees to accept or attempts to

obtain from any person for himself or for any other person any
gratification other than legal remuneration as a motive or reward
such as is mentioned in Section 7; or

(b) If he habitually accepts or obtains or agrees to accept or attempts to

obtain for himself or for any other person, any valuable thing
without consideration or for a consideration which he knows to be
inadequate from any person whom he knows to have been, or to be ,
or to be likely to be concerned in any proceeding or business
transacted or about to be transacted by him or having any
connection with the official functions of himself or of any public
servant to whom he is subordinate, or from any person whom he
knows to be interested in or related to the person so concerned; or
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A public servant is said to commit the offence of criminal misconduct:-

(c) If he dishonestly or fraudulently misappropriates or otherwise

converts for his own use any property entrusted to him or under his
control as a public servant or allows any other person to do so; or

(d) If he-
(i) By corrupt or illegal means, obtains for himself or for any other
person any valuable thing or pecuniary advantage; or

(ii) By abusing his position as a public servant, obtains for himself or

for any other person any valuable thing or pecuniary advantage; or

(iii) While holding office as a public servant, obtains for any person any
valuable thing or pecuniary advantage without any public: interest;

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 Section 14, (PC Act, 1988)
Criminal misconduct by a public servant
Section 14 Punishment
Whoever habitually commits an offence punishable
under Section 8 or Section 9; or an offence punishable
under Section 12 shall be punishable-

With imprisonment for a term which shall

be not less than two years but which may
extend to seven years and shall also be
liable to fine.
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The problem with our vigilance structure is that a person is
never pulled up for not taking decisions. It’s only the
people who have taken decisions and whose decisions are
looked at with the benefit of hindsight retrospectively, who
are pulled up.
Accountability must not be just for fixing responsibility for
decisions that have gone wrong but also for fixing
responsibility of people for not taking decisions they are
expected to take.
Getting everything right 100 per cent all the time is
superhuman and should not be expected.

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When you are doing something, which is not routine and
incremental and is very different, you need to ensure that
your team feels secured and not frightened.
So, as a Team Leader we have to ensure that our teammates
take decisions and get it right most of the time.
To end corruption, power needs to be held accountable
everywhere.
Enhanced transparency by application of IT tools.
However, we should restrain ourselves from overstepping
out of overconfidence.

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