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Which of the following falls within the domain of the Central Vigilance Commission?1. Advising the Central Government in making rules governing the di
Question

Which of the following falls within the domain of the Central Vigilance Commission?
1. Advising the Central Government in making rules governing the disciplinary matters relating to persons appointed to public services
2. Taking disciplinary action against Group A officers of the Central Government if found guilty of indulging in corruption
3. After receiving report of enquiry against an officer found guilty of corruption advice the Central Government about the further course of action
Select the correct answer using the code given below:

A.

1 only

B.

1 and 2

C.

3 only

D.

1 and 3 only

Correct option is D

The correct answer is (d) 1 and 3.

Explanation:

Statement 1: Correct

According to Section 19 of the Central Vigilance Commission (CVC) Act, 2003, the Central Government is mandated to consult the CVC before making any rules or regulations that govern the vigilance and disciplinary matters relating to:

  • Members of the All-India Services.
  • Persons appointed to public services and posts in connection with the affairs of the Union.

Statement 2: Incorrect

The CVC is primarily an advisory and supervisory body, not an adjudicating authority. While it monitors investigations and recommends specific punishments, it does not have the power to "take" disciplinary action (i.e., it cannot impose penalties like dismissal or suspension itself).

  • The final decision to take disciplinary action rests with the Disciplinary Authority (the President of India or the concerned Ministry/Department).
  • The CVC only tenders advice on the nature of the action to be taken.

Statement 3: Correct

According to Section 11 of the CVC Act, upon receiving a report of an inquiry (whether conducted by the CBI or a Chief Vigilance Officer), the Commission is required to consider the report and advise the Central Government (or the competent authority) regarding the further course of action. This advice is crucial in determining whether to proceed with a departmental inquiry, a criminal prosecution, or administrative warnings.

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