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Get documents from CBI before issuing chargesheets, CVC tells govt. agencies

Published - January 13, 2022 08:41 pm IST - NEW DELHI

Departmental inquiries held up due to non-availability of listed documents, it says

CVC said that in several cases it found departmental inquiries were held up or slowed down due to non-availability of listed documents.

Taking note of the delays in departmental inquiries in the absence of original documents that are in the CBI custody, the Central Vigilance Commission (CVC) has asked the government agencies to get those papers, or their certified copies, from the CBI before issuing chargesheets to accused officials.

In a letter on Wednesday, the CVC said in several cases it found that departmental inquiries were held up or slowed down due to non-availability of listed documents or there was a delay in procuring or producing them during the course of the inquiry. One of the reasons was that the original papers were with the CBI.

Reminding the agencies of a circular issued in 2006, the CVC said the agencies should ensure that the listed documents were obtained from the CBI before issuing the chargesheet and, where parallel proceedings were to be initiated, duly certified papers should be collected from the CBI. In the 2021 Vigilance Manual also, it had been clarified that in respect of the documents that were in the CBI custody, the departmental authorities could keep attested copies of the records for any meeting any urgent requirement. The procedure to be followed was also clearly defined.

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Through another letter, the CVC pointed that non-availability of the relevant documents not only slowed down the inquiry proceedings, but also sometimes resulted in the exoneration of charged officers despite them being guilty of misconduct.

The Commission, therefore, directed that to ensure timely progress of inquiry proceedings, the authorities concerned must establish a proper mechanism for the safe custody of the documents required during the process. It should also be ensured that the documents/certified copies of the same were made available to the presenting officers immediately after their appointment so that the same could be produced during the course of departmental inquiry, as and when required, it said.

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