Samal Report

8/3/2019 Samal Report

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MY YEARS AS VIGILANCE COMMISSIONER OF ANDHRA PRADESH

1. A word about myself and the organization I am associatedwith, as Sri Vijaya Malya, announces about himself and his

'Kingfisher Airlines' on Board. After a considerable time on the chair,as Vigilance Commissioner of the Andhra Pradesh State Vigilance

Commission, I am astonished to learn that most of our seniorofficials of AIIIndia Services are blissfully unaware of what

Vigilance Commissioner and what is Andhra Pradesh Vigilance

Commission, including the present Chief Secretary. Lesser mortals

need not be aware of it, if big bosses are not aware of it. The

painstakingly, compiled 4volumes of Andhra Pradesh Vigilance

Commission Manuals, by my distinguished predecessor, Sri C.R.Kamalanathan, is not heard of, leave alone scanned by those for

whom it is meant to be perused.

2, Though Andhra Pradesh Vigilance Commission, came intoexistence, along with Central Vigilance Commission in 1964, based,

on the recommendations of Sri Santhanam Committee on

prevention of corruption, the present day civil servants have noteven heard about it. The present crop of politicians, enjoying power

were kids when the Vigilance Commission, was established in

Andhra Pradesh, along with Central Vigilance Commission. It wasabolished for a short period, during the days of eclipse of congress

in power and rise of new Telugu Desam in 1983, to be replaced by

an organization called 'Dharma Mahamatra'; again this organization

was abolished and Vigilance Commission was re-established during

the congress rule by the then Cabinet in 1993. No wonder, thepresent day politicians, in power, are, blissfully, unaware of the role

of Vigilance Commissioner and of Andhra Pradesh VigilanceCommission. Their character, lack of understanding the rule of law,

false notion that Executive is Supreme, in their desire to make quick

buck, the habit of not achieving anything except their own

objectives and agenda and accumulations make them unable toapply to issues like what is A.P. Vigilance Commission. They do not

realise that they are riding a tiger in Sri Ram Chandra Samal, as

Vigilance Commissioner, of which they cannot dismount nor they

can control.

The Vigilance Commissioner is a great obstacle of theirachievements. For them, there is clarity of their objectives and

means are not important. It means Mahatma Gandhi,


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may die of shame again and again, in his grave. Against this

background, this self introduction is required.

3.Against this background, the state of affairs, now prevalent, in the

country in general and in Andhra Pradesh in particular, I am of theopinion, that I will be failing in my duties, unless I introduce myself

and the organization, I headed to the "Babus" and to the politiciansin power who are busy in the LOOT and to the honest few in the civil

services in the business of quality administration and to the general

public of Andhra Pradesh who are sufferers at large, in the name of

very big. "DEVELOPMENT ADMINISTRATION". The name of the

game is 'Development' and 'Babus' administering it, in a massive

scale, unprecedented hitherto. Wealth of the society, in the shape ofland and what is called 'family silver', accumulated through

centuries is vanishing very fast, in the name of Development

Administration.

4. In a well written article, one of the IAS officers, who is an

eminent civil servant, namely, Sri V.S.Pandey, in the Indian Express

dated: 18.11.2004, headlined "BABUS ARE NOT BERTRAD RUSSELL"(a Nobel Laureate), had discussed activities of present day "Babus"

with reference to the efforts being made now by Government of

India to reform 'Indian Bureaucracy', to make it more resultoriented, performance driven, honest and accountable has written

as follows:

''The civil services attract the best talent. The fate of these talented

young men and women is another story. A large number of officersstill remain 'honest' (?), that is do not take bribes. But they lose the

courage to call a spade a spade. There is an unknown fear thatsomething terrible will happen to them, a fear which makes them

apathetic towards real governance issues. Others are a bunch of

thugs who thrive with the active support of corrupt politicians and

their tribe, which is increasing by the day. Cowards are rewarded. Itis they who climb to the top of the ladder and occupy top slots

everywhere. The question is, with the cowardly and the corrupt

occupying centre stage, can the nation expect to bring about drastic

changes in governance by effecting cosmetic changes in the

system?"


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He further writes in next paragraphs In the year 1931, Bertrad

Russel wrote an essay titled The Advantages of Cowardice,

encapsulating the crux of the problems, faced by society. Russellwrote 'During French revolution, 1789, when the Reign of Terror

came to an end, it was found that no one was left alive among thepoliticians, except prudent cowards who had changed their opinions

quickly enough to keep their heads on their shoulders. The resultwas twenty years of military glory, because there was no one left

among politicians with sufficient courage to keep their generals in

order. The French Revolution was an exceptional time, but wherever

organization exists, cowardice will be found more advantageous

than courage. Of the men at the head of business, schools, lunatic

asylums, and the like, nine out of ten, will prefer the supplelickspittle to the outspoken man of independent judgment. In

politics, it is necessary to profess the party programme and flatter

the leaders. In the Navy, it is necessary, to profess antiquated views

on naval strategy, in the army, it is necessary to maintain amedieval outlook on every thing; in journalism, wage slaves, have

to use their brains to give expression to the opinion of millionaires;

in education professors lose their jobs, if they do not respect theprejudices of the illiterate. This result of the state of affairs is that,

in practically, every walk of life, the men who come to the top, have

served a long apprenticeship in cowardice, while the honest andcourageous, have to be sought for in workhouses and prisons. Is

this regrettable?'

5. A familiar scenario. The art of succeeding has changed little

since the time Russell wrote about. Unless the entire culture ischanged, no systemic reform of any kind is likely to succeed.

Instead, there is a need to bring about a profound change in theattitude of people occupying higher positions to stop rewarding

cowards. It is the basic instinct of human nature, to follow the path

of least resistance and achieve maximum comfort for itself. Going

against this basic instinct, requires rigorous effort, and this is theeffort that the system must support. The first and foremost

requirement is to establish a society based, on rule of law and

equity, to create spirited people who possess the spirit to act

honestly.


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6. For those who only have their self-interest uppermost in their

mind, and whose ambition is to die in the' odour of sanctity,

respected by bank managers, admired by friends and neighbours,and universally regarded as models of what a citizen should be,

Bertrant Russell writes 'don't express your own opinions but those ofyour boss; don't endeavour to realize ends which you yourself think

good, but puruse rather those aimed at by some organizationssupported by millionaires; in your private friendships select

influential men if you can, or, failing that, men whom you judge

likely to become influential. Do this, and you will win the good

opinion of all the best elements in the community. This is sound

advice, but, for my part, I would sooner die than follow it." How

prophetic?

GANDHI'S TAUSMAN

"I will give you a talisman, whenever you are in doubt, or when the

self becomes too much with you, apply the following test. Recall the

face of the poorest and the weakest man (woman) whom you mayhave seen, and ask yourself, if the step you contemplate is going to

be of any use to him (her). Will he (she) gain anything by it? Will itrestore him (her) to a control over his (her) own life and destiny? Inother words,


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will it lead to swaraj (freedom) for the hungry and spiritually

starving millions? Then you will find your doubts and your self melt

away."

One of the last notes left behind by Gandhi in 1948, expressing hisdeepest social though. (Source: Mahatma Gandhi (Last Phase, Vol.II

(1958), P. 65)

7. Now about the Commission I had luck and fortune to head

Vigilance Commission tenders advice in cases, which involve

vigilance angle. "Vigilance" in general terms means watchfulness,

caution, and circumspection and in its application to statecraft

connotes maintenance of Purity and integrity in Public life. Thisdefinition figured at item 1. of Chapter-I of Vigilance Manual

(Volume - 1). The term of "Vigilance Angle" has not been

comprehensively defined in the Vigilance Manuals brought out by

the Government so far. The Central Vigilance Commission hasformulated revised definition of vigilance angle as under:

"Vigilance angle is obvious in the following acts:

8. (i) Demanding and/or accepting gratification other than legal

remuneration, in respect of an official act or for using his influencewith any other official.

(ii) Obtaining valuable thing, without consideration or with

inadequate consideration from a person with whom he has or likely

to have official dealings or his subordinates have official dealings orwhere he can exert influence. (iii) Obtaining for himself or for any

other person any valuable thing or pecuniary advantage by corruptor illegal means or by abusing his position as a public servant.

(iv) Possession of assets disproportionate to his known sources of

income.

(v) Cases of misappropriation, forgery or cheating or other similar

criminal offences.


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9. (a) There are, however, other irregularities where circumstances

will have to be weighed carefully to take a view whether the officer's

integrity, is in doubt. Gross or willful negligence; recklessness indecision making; blatant violations of systems and procedures;

exercise of discretion in excess, where no ostensible/public interestis evident; failure to keep the controlling authority/superiors

informed in time - these are some of the irregularities where thedisciplinary authority with the help of the Vigilance Commissioner,

should

carefully study the case and weigh the circumstances to come to a

conclusion whether there is reasonable ground to doubt the integrity

of the officer concerned.

(b) Any undue/un justified delay in the disposal of a case, perceived

after considering all relevant factors, would reinforce a conclusion,

as to the presence of vigilance angle in a case.

10. The purpose of vigilance activity is not to reduce but to enhance

the level of managerial efficiency and effectiveness in theorganisation. Commercial risk taking forms part of business.

Therefore, every loss caused to the organisation, either in pecuniary

or non-pecuniary terms, need not necessarily become the subjectmatter of a vigilance inquiry. Thus, whether a person of common

prudence, working within the ambit of the prescribed rules,

regulations and instructions, would have taken the decision in the

prevailing circumstances in the commercial/operational interests of

the organisation is one possible criterion for determining the bonafides of the case. A Positive response to this question, may indicate

the existence of bonafides. A negative reply, on the other hand,might indicate their absence.

11. Absence of vigilance angle in various acts of omission and

commission, does not mean that the concerned official is not liableto face the consequences of his actions. All such lapses not

attracting vigilance angle would, indeed, have to be dealt with

appropriately as per the disciplinary procedure under the service

rules.


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12. The Andhra Pradesh Vigilance Commission is, the external

Agency, which enforces Vigilance cases, keeping the above definition

in view. It has been observed that in recent times, a feeling hasdeveloped among right thinking people, that many guilty big

persons are going free, while many small employees are beingharshly punished.

13. A Judge of the Supreme Court, recently, expressed his

exasperation over the extent of corruption in this country when, in

an obiter dicta, he said, that the corrupt should be hung from the

lampposts. His observations, were, quickly, followed by

apprehensions, albeit in a lighter vein, that there may not be

enough / lampposts in this country to meet the needs. Thus,corruption is a reality in our life and has reached a stage where it is

eating into the vitals of the nation. As is often said, today corruption

is being perceived as a low risk and high profit activity. The internal

check of conscience and moral values has almost become extinctwith most, if not, with all, and the only course left is external control

which Govt. has to exercise to make corruption a high risk activity.

The credibility of the system can be restored only if the guilty arepunished quickly and adequately.

14. When corruption is sought to be or at least controlled, there is aneed to adopt all possible stringent measures, permitted by law. It

is for this reason, that the Parliament has thought it appropriate to

provide a minimum punishment of one year for the offences under

the PC Act 1998, as was also the case in the earlier P.C.Act, 1947.

Such insistence reflects the Parliament's resolve, to meet the evil of

corruption with a strong hand and send signals of deterrence. It is,therefore, the obligation of the disciplinary authority to impose a

penalty consistent with the magnitude of misconduct imputed and

the evidence in support thereof.

15. Also, quite often, even in a departmental inquiry, though

charges relate to departmental misdemeanor and negligence in the

discharge of duties, such negligence in the shape of failure to take

some action or breach of departmental rules, attributable to


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corrupt motives or malafides, even though it may be difficult, if not

impossible, to prove actual malafidies, though such corrupt motives,

come into play in most of the cases, in which some pecuniaryadvantage has been given, to some contractor etc. at the cost of

Govt., it was laid down, as early as, in the year 1964, by Govt. (videMemo No.3037, GAD, dated 26.11.1964), that in all such cases,

involving substantial loss to Government and corresponding gain tothe contractor etc., severe punishment, which should generally be

dismissal, should be awarded, even though charge, which is

established, relates to only negligence or breach of departmental

rules. The importance of awarding adequate punishment in proven

cases of corruption, cannot be over emphasized.

Administrative consideration, should not be allowed, as a general

rule, to influence the action to be taken in such cases. No

punishment, other than that of dismissal, should be considered as

adequate in proven cases of bribery and corruption. It is thissalutary principle that was, in due course, incorporated as Proviso to

cause (X) of Rule 9 of the APCS (CCA) Rules 1991, and reiterated by

Govt., in G.O.Ms.No.2, GAD., dt. 4.1.1999.

16. Secondly, as the Proviso to Clause (X) of Rule 9, clearly,

indicates, in a corruption case, the amount of money involved or thestatus of the person involved, are immaterial as the law, dearly

stipulates, that in every such case, penalty of removal from service

or dismissal from service, shall be imposed and any other penalty

can be considered only in exceptional cases and for special reasons

to be recorded in writing by the disciplinary authority.Considerations, such as, the small amount involved or a lower level

post, held by the accused officer are, totally extraneous, to the issueof awarding punishment. It is the misconduct. Unbecoming of a Govt

servant, that is relevant, not the relative status of the govt. servant

involved.

17. In case of Secretary to Panchayat Raj Department v/s

Mohd.Vikramuddin (1995) (8) SLR SC 816, the Supreme Court held,

that the charge of misappropriation and misusing government funds

of Rs.3965.60 proved against the respondent, is sufficient to'

warrant to dismissal of respondent from the service. There are, any

number of such rulings of Supreme Court, wherein, it was time andagain reiterated, that where


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corruption is proved, any penalty short of dismissal, would be

inadequate and no other lesser punishment can be contemplated in

such cases, irrespective of the amount or rank of the govt. servantinvolved.

18. The advice of Commission, in regard to the penalties, against

the guilty public servants, has always been guided by the aboveprinciples, reiterated over the years, by the Courts as well as

Governments from time to time. The endeavour of the Commission,

while tendering its advice, was to ensure that the penalty is

proportionate to the misconduct and serious cases of corruption and

other types of criminal misconduct which merit dismissal, do not

escape from adequate and proper punishment.

19. Transparency International ranked India 70th, with a score of

3.3 (in a range of 10-(highly clean to) O-(highly corrupt) in its

Corruption Perceptions Index survey, 2006. It is a matter ofconjecture, where A.P. stands in this regard, within India. This

Commission's own observation, however, is that there has been

perceptible rise in both intensity and spread of corruption in thestate over a period of time. Commission's humble view is that this

rise, to a large extent, is attributable to the quality of check, or lack

of it, on the part of the Government Idisciplinary authorities. Thedilution, in approach to the problem, would be evident from the

steady increase in the deviations from the advice of the Commission

in the last few years. As a percentage, they were 14% during 2004-

06, whereas, they were negligible in the earlier years. The details

are in Commission's files and in departments' files. Commissionwould like to reiterate that it has no illusions as to its own role and

is fully conscious of the ultimate repository of disciplinary power,namely, Government. Nevertheless. it is the duty of this

Commission to place on record the magnitude of the problem and

inadequacy of the response to meet the threat.

20. There has been, all round deterioration, in the governance in the

country and this State is no exception. The Ministers who were

earlier knowledgeable persons themselves have vanished and in

their place have joined Ministers who have their own


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Agenda and their own interests. All higher civil services, described

collectively, as AII India Services have, now, got members most of

whom account themselves with no credible performance, butdiscredited ones. Large number of them lack integrity. Large

number of them run helter skelter for lucrative posts. What arelucrative posts, each one of them knows. Their image, prestige or

integrity, all have reached rock bottom. When these are generalities,as in other walks of life, there are, also, 15-20% men of integrity.

There are also 15-20% very capable men with capacity to work and

deliver goods. But, there is mismatch in postings. The politicians

here manipulate. They want officers, who serve their interests and

there are many members who sub serve the interests of politicians.

21. When All India Services Act was passed in 1951 and various

rules and regulations were formed, very high standards were

expected from them. The role model was Indian Civil Services, who

had a very high reputation. But in the last 60 years, where theadministrative standards of administration run by All-India Services

has reached, rock bottom, people have lost confidence in 'Men who

Rule India'. Now coming to the provisions of punishment, thepresent set of politicians in power, particularly of ruling parties and

also very large number of employees in various Government

services and quite a few persons who are locals feel, that VigilanceCommissioner has been very harsh, unduly harsh, and he is a

person who enjoys at the misery of others. Hence, he recommends

very harsh punishment and he lacks human touch and sympathy.

The Vigilance Commission is a statutory body, it is not an

organization where Vigilance Commission can run it and argue aboutthe quantum of punishment or bargain for lesser punishment, with

the guilty officers or with M.L.As./M.Ps. for lesser punishments. Thatprivilege they do not have, with the Vigilance Commissioner.

Further, the Vigilance Commissioner is very thorough with the

provisions of Acts, rules, regulations, Court judgments, governing

various aspects of Civil Services. For example, in the rules, it isprovided that when a criminal case is booked against an employee,

the final orders on punishment and order of reinstatement into

service will only be issued when a criminal


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case is finally disposed off in a court of law and not before that. If

some one faces disciplinary case and the department referred to

Tribunal for Disciplinary Proceedings or to Commissioner of Inquiriesfor Inquiry, in all such cases, final order about the reinstatement

into service from suspension and about punishment, can, only, beissued in the final order disposing off the case. Till that time, the

officer is supposed to be guilty official, and he cannot be reinstatedinto service. But the politicians running the State and the AIS

officers are, blissfully, ignorant of highly relevant and desirable

provisions. The officials who are trapped or involved in criminal

cases and misconduct, run to officers, peshis of Ministers and

officials of Chief Minister's office for getting, first, reinstated into

service, pending finalization of criminal and disciplinary cases. Now,reinstatement of an employee, suspended for his involvement in

corruption, is empowerment of the criminal! guilty official. Thus, if

an MVI is under suspension or an Excise Superintendent or a Dy.

Commercial Tax Officer or CTO, is under suspension, he is preventedfrom discharging his duties. For maintenance of his family, he is

sanctioned subsistence allowance. But, he is very much aggrieved

because his income i.e. extra income, which was sizeable comparedwith salary, is stopped. Hence, he goes round to see that he is

reinstated into service. The Ministers are very keen and cooperative

with such officials. But, I.A.S. officer, advising the Minister, does notor if, does, does not advise the Minister what it is. They also do not

understand that ill reputed to, the Government is brought if, by an

ill-reputed official, who is under suspension, is reinstated into

service. This is the present position.

22. Now in various rules and regulations, Government have issued

instructions, from time to time, covering various aspects of officialconduct. For example, there are instructions on award of

punishment to be imposed on delinquent officers i.e. guilty officials.

Initially, in the year 1964, and subsequently in 1975 and still later in

1988 many instructions were reissued on consolidated basis. Allthese instructions were consolidated. The instructions are as follows:


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"Instructions were issued, among others, that in proven cases of

bribery and corruption, no punishment, other than that of dismissal,

be considered adequate and if any lesser punishment is to beawarded, in such cases, adequate reasons should be given for it in

writing. In the Memo. No.1718/Serc.C/75-1, dt.22.11.1975 ofG.A.D., instructions, were issued to the effect that the officers

convicted in Criminal Cases, should, normally, be dismissed fromservice. The above instructions have been reiterated for strict

compliance, vide, Circular Memo.No.3824/Ser.C/98-2, dt.9.2.1998.

It is the earnest endeavour of the Government, to ensure a clean

and transparent administration. To have this policy transcended to

the grass root level, it is keenly felt that the officers with doubtful

integrity and involved in criminal offences shall be weeded out inorder to ensure efficient functioning. To ensure clean and effective

administration, the Government direct that in all proved cases of

misappropriation, bribery, biqamy, corruption, moral turpitude,

forgery and outraging the modesty of women. the penalty ofdismissal from service shall be imposed. The Departments of

Secretariat. Heads of Departments and District Collectors are

requested to follow the above orders scrupulously."

23. Similarly, in misappropriation cases. large number of

instructions were issued. Finally, in G.O.Ms.No.25, GeneralAdministration (Services. C) Department, dt.3.2.204 consolidated

G.O. running into 9 pages were, issued. They, totally, brought

together all aspects of action to be taken in misappropriation cases.

In short, all this, indicates, how, action against officials, involved in

criminal cases and those involved in misappropriation cases andsimilarly how departmental Inquiries in these cases have to be

proceeded with etc.

For example: "Punishments to be awarded in proved cases of

misappropriation:

24. There is wide disparity, in the scales of punishment meted out in

misappropriation cases. The question of prescribing uniform scale of

punishment, in such cases has been considered by Govt. It has been

decided that, ordinarily, cases of


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proven misappropriation would justify, nothing less, than, dismissal

from service and action should accordingly, be taken. The minimum

penalty to be imposed in all proved cases of misappropriation (inaddition to the recovery of amount misappropriated) is dismissal

from service. In case of a retired employee, the penalty should bewithholding of entire pension and gratuity permanently or

withdrawal of pension in the case may be besides recovery of themisappropriation / loss amount. There may, however, be rare cases

where in the circumstances, such as trivial amount, short duration,

and immediate payment on detection, all of which may raise a

presumption, that it was an error in accounting, which may justify a

different punishment. A clear distinction should be drawn between

the case of 'delayed remittance' and 'misappropriation' havingregard to the fact that in proved cases of misappropriation, no

punishment short of dismissal is normally justified and, accordingly,

the case of delayed remittance need not always be classified for the

purpose of audit as a case of misappropriation.

25. An officer, who is convicted by a Criminal Court for the offence

of misappropriation or fraud, should be dismissed from servicewithout waiting for filing of an appeal or its outcome. Such action

would be taken notwithstanding suspension of sentence of Appellate

Court. It shall not be necessary to consult the Andhra Pradesh PublicService Commission for taking action to dismiss the officer on the

grounds of conviction in a Court of Law. In the case of an officer,

who in the meantime has retired, his pension and gratuity shall be

withheld or where it has already been sanctioned, his pension should

be withdrawn. The officer, who fails to enforce those instructionspromptly, will be held responsible for any loss to the Government on

account of avoidable payment of subsistence allowance orprovisional pension, as the case may be.

Consultation with Vigilance Commission

26. In all cases of misappropriation, the Vigilance Commissioner,

has to be consulted, in accordance with the procedural instructions

of the Commission.


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27. It was against this background, Sri Ram Chandra Samal, the

Vigilance Commissioner, who demitted office dealt each case, where

charges are proved, evidence was available, findings of inquiry,views of Department, loss caused to Government, illegal gain to the

officials / or non-officials including to Contractors 'mens rea' on thepart of employees / officers, deliberate, malafide or negligence, all

these aspects are considered and then final punishment,commensurate with misconduct, criminal activity, are recommended

by Vigilance Commissioner. Over the years, high degree of expertise

has been developed by the Vigilance Commission in these matters.

There is vast literature built from June 1964, when the Vigilance

Commission was established. Then, there are High Court and

Supreme Court judgements, which are received in VigilanceCommission, and they are also gone into by Chief Legal Advisor and

those cases are also taken into view and then only in the light of

those materials, advice are rendered from time to time. Those who

are ignorant of these, such persons without proper discussions, feelthat Vigilance Commissioner is very harsh and is very

unsympathetic and is heartless person and Government have all

powers, not accept the advice of Vigilance Commissioner, though allthose who hold such views are ignorant persons. Democracy Is Rule

by Law. All are creatures of law and governed by Law. No body is

above law. No body has discretion, power, which is absolutediscretion and absolute power. All those persons who do not

understand must understand this, at least, now. Freedom is not

licence to kill; with it goes great responsibility.

Reference:

1. G.O.Ms.No.522, G.A. (Special. C) Dept., dt.21.7.2007.2. Website of Commission: http://apvc.ap.nic.in

3. G.O.Ms.No.421, G.A. (Spl. B), dt.3.8.1993.

4. G.O.Ms.No.147, G.A. (Spl. B), dt.5.5.2000.

5. U. O. Note No.235/SpI.B/2001-1, G.A.D., dt.26.7.2001 (CircularNo.397 of

Vigilance Manual Volume-II)

6. D. O. letter No.25270/VC.H1/2006, dated: 24.3.2006.

7. Note to Chief Secretary to Govt. 30.5.06.

28. The A.P. Vigilance Commission, is, broadly patterned, on thelines of Central Vigilance Commission. Briefly, the functions of

Central Vigilance Commission are, (i) to cause an investigation to be

made into any act of public servant involving corruption,


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lack of integrity, misconduct, misbehavior or malpractice; (ii) to

consider the investigation report and to advise the disciplinary

authority, about the type of proceedings to be initiated (firstadvice); (iii) to nominate Commissioner for Departmental Inquiries,

to conduct disciplinary inquiry, if misconduct is, prima-facieconsidered grave enough for awarding major penalty: and (iv) to

advise the disciplinary authority about the penalty, if any, to beimposed (second advice). The Central Vigilance Commission accords

vigilance clearance for appointment of Zonal Level Vigilance Officers

and Board Level Vigilance Officers.

29. The Commissioner for Departmental Inquiries are under the

administrative control of Central Vigilance Commission, and theCentral Vigilance Commission has also the benefit of advice of Chief

Technical Examiners Unit, which gives technical advice on

engineering issues. A.P. Vigilance Commission has adopted the

same pattern, more or less.30. During my years in the Commission, a Chief Engineer, Sri

M.Narasimha Rao, was posted as Chief Technical Officer. The

posting of the Chief Engineer, helped, immensely, to examine ACBand Vigilance and Enforcement reports, involving Engineers and

Contractors in the execution of works of Irrigation, Roads &

Buildings. The fact that his examination of issues is appreciatedshows that there are a few honest men of integrity in Engineering

Departments also, as in every walk of life. Earlier, technical advice

was not available to the Commission. As Chief Legal Adviser to

Commission Sri C.Rambabu, Retired as District and Sessions Judge

joined. Commission was also provided additional budget tomodernize the office by supply of new. furniture, vehicles, extra

space etc., after I joined as Vigilance Commissioner.

31. Commission is having a running battle with the Departments of

Government to fill up the Chief Vigilance Officers posts.

32. All the Departments of Secretariat were advised that the proviso

under sub-rule 2 (b) of Rule 6 of APCS (DPT) Rules, 1989, provides

that the Government after receipt of report from the Tribunal for

Disciplinary Proceedings, shall consult the A. P Vigilance

Commission, in regard to the course of further action to be taken

and take the advice into consideration before orders are passed. Inall cases, final report of Tribunal for Disciplinary Proceedings shall be

sent to the A.P. Vigilance Commission in duplicate along with

relevant records by the Administrative Departments of Secretariat

for its advice both before arriving at provisional conclusion and afterreceiving representation of the delinquent officer and before arriving

at a final conclusion in respect of the penalty to be imposed on the

Government Servant concerned. The Andhra Pradesh Vigilance


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Commission will examine the record and forward the same to the

administrative Department concerned with advice as to further

course of action. So also, in the cases of inquiry by the G.A.(Commissioner of Inquiries) by Department concerned or by the

Departmental Officers, after conclusion of inquiry, the Departmentconcerned, I. forward to the Vigilance Commission the report with

its conclusion, together with relevant records for advice. Forwardingof record of inquiry is vital for tendering advice by the Commission

and it is not possible for the Commission to tender advice without

examining the record of inquiry.

33. An interesting case which happened in Revenue Department of

Secretariat is brought to the notice of all, which is a live case, whichis still existing, right in the seat of Government. Commission's

advice is reproduced below:

"D.O.lr.No.39391NC.C2/2006-1, dated: 19.5.06

Dear Sri Jauhari,

Sub: Vanishing of cash of Rs.16, 510/- along with the report ofTribunal for Disciplinary Proceedings, from the custody of the

officials of Revenue Department - etc.

@@@

Kindly refer to the above subject. It was reported in a daily of

16.5.06, that report of inquiry in five cases along with material

objects of the case, among other things, containing cash of Rs.16,

510/-, which was handed over by the officials of the Tribunal forDisciplinary Proceedings, to the concerned in Revenue Department,

is not known on what date, all these records and cash were handedover to the Section Officer / Asst. Section Officer concerned, by the

officials of TOP. In the mean while, a letter from the Chief Vigilance

Officer, Sri V.Veeresham, addressed to the Station House Officer of

Saifabad Police Station was issued and a copy of the same has beenmarked to Commission. It is seen from the perusal of the letter of

Chief Vigilance Officer of Revenue Department that Rs.16, 510/- in

various denominations, which was in the custody of AO vanished

from his almirah. It is not known when exactly tainted amount

vanished and whether all records including the reports of TOP

vanished or not. It is also not indicated on which date the recordsalong with cash were received from TDP and why the concerned

Section i.e. SO/ASO did not promptly take further action for

returning the money to ACB.

Without the knowledge of the concerned staff, unknown culprits,

cannot snatch the tainted amounts from the locked almirah, key of

which was with them. Three cases covers are available but moneywas found missing. It one case cover with money, was missing. It is

the responsibility of Section Officer and A.S.O. to safeguard the


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tainted amount till the amounts are properly returned to the A.C.B.

The Chief Vigilance Officer

17

and the concerned Assistant Secretary should also watch and take

steps for the safe custody and return of tainted amounts. This is avery serious case, which has occurred and this has totally exposed

the deterioration in the functioning of the Secretariat. I request youto, immediately, suspend concerned SO / ASO and institute

departmental preliminary inquiry and thereafter, initiate

departmental disciplinary action against staff. Criminal proceedings,

of course, will take its own course and time. Our experience is that

criminal cases are taking too long by Police even to complete

investigation. Action taken may be intimated to Commission.Yours sincerely,

Sd/xx

(R.C.SAMAL)"

34. Till now, no real action is taken by Government.

Factors Hindering quick action in disciplinary cases and suggestionsfor improvement to the Systems (Systemic improvements) made

from time to time by Vigilance Commissioner

35. Over the years the number of cases involving corruption,

misappropriation, embezzlement etc., crimes covered under various

laws, are on an increase and efficiency of Departments dealing these

cases of vigilance are on the decrease in the reverse direction. The

more important the Department and is having large number ofemployees, discipline and maintaining integrity, speed in

administration, is more important. The departments concerned areloosing grip over administration and employees more quickly. This is

evident in the activities of the Departments like Irrigation and CAD,

Transport, Roads and Buildings Department, P.R. & R.D. Dept.,

Municipal Administration and Urban Development Department,Social Welfare and Tribal Welfare Departments, Medical and Health

Department, Agriculture and Cooperation Department, Animal

Husbandry and Fisheries Department, etc. In these departments,

over the years, budgets are being enhanced tremendously and

pressure is to spend the budgeted amount. The quality of execution

is nobody's business. The shortage of truly competent officers toman the highest levels in these departments and abundance of

inefficient and corrupt officials has resulted in tremendous leakages

in expenditure. The public money has gone to private pockets. On

the other hand, there are revenue


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earning departments like Commercial Taxes, State Excise,

Registration and Stamps, Mines Department, etc. In these

Departments though year after year, revenue has been enhancedsizably by giving big targets, corruption has entered into the very

vitals of the Departments. The net result of all these, have been thatthe existing vigilance and anti corruption sections in various

departments are over burdened. Since, the quality staff is rare inthe Departments of Secretariat and Head of Department offices,

with increased work load, there is extensive situation where the

guilty are maneuvering and escaping easily. The investigating

agencies like ACB and other vigilance agencies which are supposed

to enquire and investigate into misappropriation of Government

money / funds are, also depleted of quality staff and their efficiencyhas reached rock bottom level. They are under constant political

pressure and threat. The Heads of these Agencies are, only, happy

to close their eyes and ears. In such a situation, control over the

administration has reached rock bottom and every body who hasproclivities, not to work, misuse and misappropriate Government

funds, make money from people who come and approach them to

put up their papers as their work is pending, is exploited. The entireblame lies with the superior officers i.e. Chief Secretary. (You may

say you know, but by your actions your are only KNOWN), Special

Chief Secretaries, Principal Secretaries and Secretaries toGovernment of Andhra Pradesh. The upper echelons of

administration has collapsed.

36. Following from it, the A.P. Administrative Tribunal, has become

very active. The Tribunals have very limited mandate. But a fewmembers now are taking up all types of cases and passing all types

of orders. The Tribunal is not manned by knowledgeable persons. Itis only a rehabilitation centre for the retired bureaucrats and Judges

and briefless Advocates. The quality of orders passed are abysmally,

poor and they are passing all sorts of orders where they are not

entitled to pass orders. There are ample number of Supreme Court judgments and decisions of High Courts, which define the

jurisdiction of Administrative Tribunals. But that is not read even by

the Members of Tribunal. This issue has been dealt with from, time

to time, in Government. Thus, there


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category, under the leadership of the present Secretary, MA & UD.

In a case of Municipal Engineer of Eluru Municipality, the CB CID,

has launched criminal prosecution against him for tampering ofrecords and causing loss to the tune of Rs.7.S lakhs. Hiding the

facts, the Municipal Engineer, filed a petition in APAT, for release ofpensionary benefits, in full. The Tribunal passed orders that it should

be released within 4 weeks and his suspension period should beregularized as duty. The Department, without filing any review

petition in APAT, though there is very serious embezzlement of

Govt. funds and criminal cases pending against him implemented

the orders of APAT for which it was eagerly awaiting. There are

many such cases. In another case dealt with in the same MA & UD

Department, when ACB and Vigilance Commissioner recommendedto suspend a Revenue Inspector, at Vijayawada Municipal

Corporation, who was trapped for demanding and accepting one

thousand rupees, the MA & UD Department, while issuing necessary

instructions to Commissioner, Municipal Corporation of Vijayawadaand Commissioner Municipal Administration for taking action,

marked a copy of the instructions to the guilty Revenue Inspector

and he immediately went to APAT and obtained orders not tosuspend him from service. The Department was very happy with the

situation. These are typical cases in the functioning of the MA & UD

Department. Same is the case with Irrigation & CAD Department,Revenue Department, P.R. Department, and T.R. & B Dept., to cite a

few and many other Departments in State Government.

39. Another bottleneck in the functioning of Vigilance Commission is

non appointment of Chief Vigilance Officers and Vigilance Officers invarious Departments of Government. Not only they are not

appointed, there are cases of unfit persons being appointed, asC.V.Os. In fact, this category of officers are more in number than

competent persons who deserve to be appointed as C.V.O. Some

important Departments do not have full time Chief Vigilance

Officers, as required under Government instructions issued, fromtime to time. The Chief Vigilance Officers are eyes and ears of

Vigilance Commissioner. They are required to be familiar with

service rules, conduct rules, D & A Rules, Vigilance Cases, etc. But

we do not find such types of


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officers are appointed as C.V.Os. in any Department. Somebody,

may land in that post by default. Now there are several departments

like Energy, Housing Department, Revenue Department, T.R. & BDept., W.D. & C.W. Department, where there are no Chief Vigilance

Officers for name's sake even. On the other hand, importantDepartments where there are name's sake Chief Vigilance Officers,

they are not fit for anything and they are appointed as C.V.Os., tofulfill the formalities only. Quite a few Indian Forest Service Officers,

who are unacceptable in the Forest and Environment Department,

whom the Principal CCF finds as redundant in the Department, their

services are offered to Secretariat Departments and they are

appointed as C.V.Os., without even prior intimation or consent of

V.C. as per existing instructions. Thus, the eyes and ears ofVigilance Commissioner, are closed. On the other hand, there are

awfully corrupt persons who are appointed as C.V.Os. To get rid of

them is a big task. One such case is that of Sri K.Devanand, who

played havoc as CVO of Revenue Department and whom with greatdifficulty, V.C. got shifted out of Revenue Department. There are

other unknown C.V.Os, who have come on inter-cadre deputation

and variety of specimens, who do not even know what is 'vigilanceangle'. Hence, it is very easily imaginable the difficulty in tackling

vigilance cases.

40. Another big problem faced by me, is lack of quick and proper

disposal of disciplinary cases, coming within the purview of Scheme

of Vigilance Commission, due to shortage of efficient officers with

capacity for hard work in the departments itself, particularly, in

important departments, where there are large number of disciplinarycases pending for years. There is shortage of efficient, hard working,

honest officers in Secretariat cadre to man these posts, which isbecoming a bottleneck. IAS officers are not available for posting in

Secretariat, though there are group of posts of Additional I Joint I

Deputy Secretaries to Govt., for 29 officers, in the IAS cadre of A.P.

Whatever IAS officers are working in this group of cadre post,usually, they are working reluctantly and their record of service, at

least, from integrity angle, is not above board. In the interest of

good administration, disciplinary cases should be disposed off,

timely, and should not drag on for years, which results in officers

not found guilty suffering long and


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no appreciation of the work of Vigilance Commissioner by

Government itself. In spite of repeated notes sent requesting higher

agencies Peshi office of Chief Minister proposing to fill up posts withcompetent retired persons, as serving suitable persons, are not

available, the officers are sitting over these proposals with a view toteach a lesson to the preent Vigilance Commissioner. One such

officer in the Chief Ministers office is the Principal Secretary to ChiefMinister himself whose dose relation, the father-in-law of his

daughter, who indulged in rampant corruption, facing several

charges, but actions are hushed up. Though he is Chief Engineer in

Tribal Welfare Department, he is not fit to hold the post of Attender.

Thus, I cannot blame the Dy. Secretaries, Joint Secretaries,

Additional Secretaries only of the Departments concerned and otherpetty officials who are being appointed as Chief Vigilance Officers or

Vigilance Officers for the unacceptable state of affairs in various

Departments.

44. Another great handicap noticed, during my three years of

working as Vigilance - Commissioner of A. P. State Vigilance

Commission, is non-cooperation of Government in quick disposal ofinquiries pending against guilty officers. Timely disposal of vigilance

cases, imposing adequate punishment on guilty officials is an

inherent part of effective and corruption-free administration. This isthe right of every citizen to see that the guilty is punished promptly,

so that others do not indulge in such practices. This is Inalienable

Human Rights incorporated in Human Right Declarations, by the

United Nations. It ensures corruption free Administration. Now,

against this background, Vigilance Commissioner, from time to timeis entrusting a number of cases to be inquired into, by the

Commissioners of Inquiries, posted at his disposal. At present, thereare 5 of them three serving IAS officers and two retired officers -

one of whom was a DGP to State - Govt. and other as Director of

Works Accounts in Projects Department. The Commissioners for

Inquiries, except Sri S.Satyanarayana, are to be posted onrecommendations of Vigilance Commissioner and without his

recommendation, against his will, they cannot be appointed /

posted. As on 28.7.2007, there are may be 450

cases, pending for inquiries, some of them for years. There are

variety of reasons why progress is very slow. Most important of this

is, lack of cooperation from the Charged


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officers, from the Departments concerned and various brakes are

applied by the Departs to protect them to slow the progress of

inquiries. This has come at a very joyful time to corrupt officers fordelaying the inquiries and getting promotions in the meanwhile.

Three such prominent cases are that of one Sri Jayaprakash Reddyof Excise Department; one Mr.Raju of Commercial Taxes

Department and one Sri Prakash Rao, Engineer-in-Chief and whostating that the inquiry is delayed and that they may be promoted in

the meanwhile, got promotion. It is the Right of the discerning

public to ask the Government as to what it is and why this is

happening and they have right to get explanation. All that I can say,

as Vigilance Commissioner, is that this is one of the important

reasons why corruption has been growing like wild fire. There is nopremium for honest and hard working and the corrupt have all.

45. Realising the inability of the present Commissioners of Inquiries

to dispose of cases, timely and effectively, the VigilanceCommissioner, in his letter dt. October, 2005, requested the

Government to create Regional Commissioners of Inquiries who will

be entrusted with inquiries of officers of districts / officers ofregional level so as to ensure quick disposal of Inquiries, at local

level, without any inconvenience to the Charged Officers and without

any loss of time and loss of money by way of TA & DA. Such asystem of Regional Commissioners of Inquiries exists in Tamilnadu.

There are Regional Commissioners in quite a few places in

Tamilandu. After studying the system, operating there, the proposal

was sent to Government to reorganize the system of Commissioners

of Inquiries and to start with three Commissioners of Inquiries atGuntur / Vijayawada, Visakhapatnam and at Kurnool, so that

disciplinary cases against officers of those areas are transferred andquickly disposed off. It was suggested that 3 posts of

Commissioners of Inquiries, may be shifted to those three places

and Collectors can be requested to provide accommodation and

supporting staff. The GAD, vide letter No.568/spl. C/2005,Dt.20.12.2005, informed me that this has been examined in

consultation with Finance and the proposal for creating three posts

of Regional Commissioner is not acceptable for the present. This

speaks of the high level examination by the Special Chief Secretary

to Govt., Finance and GAD itself. The proposal was again renewed

by the Vigilance


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Commissioner, vide, letter dt.31.1.2007. This proposal would have

ensured quick disposal of inquiries at no extra cost. The Charged

Officers would have been glad to accept it, as a full timeCommissioner of Inquiries, will hear the cases on day-to-day basis.

This would have relieved the departmental officers of patronage,who make inquires a farce and extract their pound of flesh and sit

over inquiries. This simple suggestion is indeed not appreciated bySpecial Chief Secretary to Govt., Finance.

46. Another valuable suggestion, given to Chief Secretary to

Government is to tone up administration, has ended with the letter

being put to dustbin. There is a non functional Committee,

constituted by Chief Secretary to Govt., whose members do notknow what are contents of the G.O. or orders constituting the

Committee. A copy of the letter is self-speaking, which is at

Annexure-III.

47. Most of the Secretaries to Government, including the Chief

Secretary, are not aware of the scheme of Vigilance Commission. .

Thr scheme of Vigilance commission is based on the report of Sri K.Santhanam Committee, 1964, and it was reissued from time to

time. There are 4 volumes brought out by this Vigilance Commission

in the year 2OOO which is the commendable, monumental work,done by my predecessor Sri C.R. Kamalanathan, IAS (Retd.). But,

unfortunately, no one knows the contents of these 4 volumes. Only,

various State Government departments dealing in vigilance cases,

now and then, request me for supply of these volumes. Knowing

that the situation is very bad, in my letter dt.21.3.2006, I requestedthe then Chief Secretary to Govt. to invite me to attend one of the

Secretaries' Committee meetings to bridge the communication gap,which is periodically convened by the Chief Secretary so as to give

me an opportunity to explain various aspects of vigilance work and

establish a greater rapport between Vigilance Commissioner and

principal functionaries of various Departments of Government. Butthere is .no response to my letter. The Vigilance Commissioner is

treated as an outsider and it seems that government do not want

him to interfere in their functions. A copy of the letter is at

Annexure-IV for perusal.


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ALL INDIA SERVICES OF ANDHRA PRADESH CADRE POSTED IN THE

STATE GOVERNMENT AND MANNING VARIOUS IMPORTANT POSTS.

48. There has been sharp down fall in the standards of governance

and administration all over the country and even in United NationsOrganisation, New York, where Indians have introduced corruption.

No wonder, there is sharp decline in the standards of governance inAndhra Pradesh. The hub of administration, that moves the wheels

is All-India Services, particularly the Members of Indian

Administrative Service and Indian Police Service. Baring a few

exceptions in each service, as honest and competent, ideal persons,

are still in all walks of life and in all services, in large or small

measures, most of the Members of honorable service broughtdisrepute to themselves and to the service. This simple fact is

proved statistically as the number of cases of complaints against

these officers is growing day by day. The Chief Secretary is head of

All-India Services in the State Government. Annexure-V, is a tablegenerated by computer indicating the status of disciplinary cases

and their numbers pending over the years and there are, no steps

whatsoever, taken seriously for address the issues. The casespending against important functionaries of each of three IAS., I.P.S.

and I.F.S. is who is who, which is growing rapidly. Measures taken

in the recent Years. to nullify the existing instructions that will helpcurbing maladministration and replacing it by a set of ineffective and

defective guidelines without even understanding the implications of

G.Os, instructions, issued which have deleterious effect on the

health of administration.

49. There is a set of instructions governing discreet enquiries,

regular enquiries by the Director General of ACB, A.P., Hyderabad.The summary of these provisions are that when a complaint is

received against an All-India Service Officer, that appears to have

some substance, the ACB, on its own or on the instructions of

Vigilance Commission, can conduct some discreet enquiries so as toascertain the true contents in the allegations. It is a well-known fact

that l. A. S, IPS officers particularly in the field level, often, become

unpopular with some middle men, brokers, politicians, as the

officers do not act as per their wishes. Hence, they engineer false

petitions to assassinate the character of the officers. Because of

this, instructions are there to see that such type of petitions, should


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not be encouraged as it will demolarise, sincere, honest officers,

working in the field and encourage petition mongering. Hence, there

is a provision for discreet enquiries. The intention behind theconduct of discreet enquiries, against even honest officers is to

protect them from petition mongers. It is a different thing that thosepetitions are being utilized by some elements to collect price and

blackmail the officers.

50. Discreet enquiries are an age-old practice provided in the

Central Vigilance Commission Act and Rules; hence this practice was

also prevalent in A.P.Government. The second stage of enquiry is

Preliminary Enquiry. When the discreet enquiry shows, that there is

substance in the allegations and it needs to be, regularly, enquiredinto, the A.C.B. submits a report to the Vigilance Commissioner in

the case of All India Service Officers and important heads of

Departments and then the Vigilance Commissioner recommends to

Government, in GAD., headed by the Chief Secretary, to considergiving permission to ACB, for registering a case in police station of

A.C.B. and conducting regular enquiry and submit report. This

practice is- going on for several years. Final Reports of enquirysubmitted by A.C.B. through Vigilance Commissioner's advice, are

considered by Government to initiate disciplinary action. This is how

the enquiries on allegations are made against IAS officers for agesand it is the proper course as it. It protects undue harassment of

honest officials and also helps in punishing guilty officials. The

officers of All-India Services are Role Models' for other officers. If

their conduct is worthy of the position they occupy, then other

officials will follow them and this will totally degrade theadministration. Hence, these provisions.

51. Now one corrupt IAS officer, faced a regular enquiry, as

recommended by Vigilance Commission based on the discreet

enquiry report conducted by ACB, against him, which revealed that

in several positions earlier like Director of Social Welfare,Commissioner of Fisheries, etc., he indulged in certain objectionable

activities and there was substance in the allegations against him.

This particular officer felt aggrieved as is expected of him. He tried

to close the enquiry against him. In pursuance of this objective, he

exerted pressure through local MLAS and took appointment with

Chief Minister and misrepresented the facts. The Chief Minister, whohas no time to verify the


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facts, ordered that the A.C.B. should not have any powers to

conduct discreet enquiries or Preliminary Enquiries against All-India

Service Officers of A.P.cadre without the prior approval of the ChiefMinister. The next day instructions were issued to this effect vide

Memo.No.1018/C.D/2004. dt.21.12.2005 a copy is placed atAnnexure-VI. The above instructions are totally unacceptable to the

Vigilance Commissioner. One cannot throw away the baby with bathwater. To protect one unscrupulous officer, the whole system is

damaged. The Vigilance Commission vide Letter No.16462/VC/2007,

dt.22.3.2007 addressed to Chief Secretary to Government,

requested to issue revised instructions, may be perused. Suffice it to

say, that there is no reply till date. Ritual of Filling or Non-Filling of

Annual Property Returns:

52. Under sub-rule 7 of Rule 9 of A.P.Civil Services (Conduct) Rules,

1964, every Government servant other than last grade government

servants and Record Assistants, will submit every year his / herstatement of movable / immovable properties exceeding Rs.20,

000/- in value of properties acquired or inherited by him / her or by

his family members in the Performa prescribed (which has beenprescribed by Government from time to time). Every year, in the

month of January, this has to be submitted. Similar is the provision

in the rules governing All-India Service Officers also, as also inCentral Service Rules. In addition to above, Government can ask an

employee to submit / file details of his properties, acquisitions, from

time to time. This is a very potent instruction in the hands of

Government to curb corruption. There is always Police Department

to investigate into acquisition of properties, if there is any doubtabout it. But this potent weapon in the rules book, is rendered

totally ineffective. From time to time, the A. P. VigilanceCommissioner, have reviewed these provisions and given advice as

to how to use this weapon to curb corruption. Unfortunately, the

Departments of Government have rendered this weapon totally

ineffective. The employees are not filing Annual Property Returns.Often, they take the false stand that they are filing Annual Property

Returns to the concerned, but either they are misplaced by them or

thrown away somewhere. The officer is also not giving reply when

asked for. Both superior and which is at Annexure


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subordinate officials are hand-in-glove and whenever there starts an

enquiry against an employee for corruption, his superior officer(s)

promptly come to his rescue in most cases, unless there is accountto settle. This is the situation in all enquiries even in

disproportionate assets cases, disproportionate to the knownsources of legal income. Thus, Annual Property Returns, when

required are either not submitted or if submitted they are one formany year, which is manipulated.

53. Keeping in view, the above proposition, the Vigilance

Commission recommended to make it effective after reviewing the

provisions and its compliance or not, again and again. Commission,

vide, letter No.19829/VC/2006-1, dt. 4.4.2006, requested theGeneral Administration Department, to include certain instructions

reviewing the procedure followed in filing of Annual Property Returns

based on past experience. Earlier also, detailed letters were issued

by the Vigilance Commissioner vide letter dt. 23.12.2003 on thesame subject. Government have issued least useful circular

instructions vide Memo.No.695jSer.Cj2006, dt.12.10.2006, a copy

of which is enclosed as Annexure, for perusal. These instructions arevery ridiculous, wherein it was stated that if some employees do not

file Annual Property Returns they will be awarded penalty of

"Censure". This shows the total ignorance of rules position by theconcerned who signed the instructions. Thereafter a letter was

addressed to General Administration Department to revise the

instructions so that it serves some purpose. As expected, no reply is

received. A copy of the letter is at Annexure. Functioning of High

Level Committee on Anti Corruption and High Level Committee onSanction for Regular Enquiries and Discreet Enquiries. Headed by

Chief Secretary to Govt.

54. These two Committees which were functioning well earlier have,

of late, stopped to function, though there are several issues for

consideration by the Committees. Non-Issue of revised instructionson so called issue of MeritoriousICommendation Certificates.

55. A copy of the letter addressed to Chief Secretary is reproduced

here which is self-explanatory.


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"It has been observed in Vigilance Commission that large number of

employees who are facing disciplinary cases, either initiated by Anti

Corruption Bureau or Vigilance and Enforcement Director or by theDepartment itself, are producing commendation certificatesIawards

as in Police Department, given to them, year after year. Theprevious Government did a great disservice to administration by

issuing awards and commendation letters to all and sundry andmost of them do not deserve it. It is not known whether the same

procedure is being continued by the present Government. I request

you to get the information collected and review this at the earliest

and stop this practice. If awardsIcommendation certificates are to

be given in recognition of service of an employees, then there

should be proper assessment and it should be decided with definitecriteria, by a Committee of senior most officers and definite reasons

recorded. The Revenue Department ICommercial Taxes IExcise I

Police Department have heaped awards for no justifiable reasons to

employees in large numbers, to some employees many time, havingno integrity of character, performance capacity, reputation for

honesty and hard work and result. In view of the above,

Commission, requests all guidelines on the subject, department-wise, be studied by a Committee consisting of serious thinking

officers and revised guidelines worked out for issue of certificates."

But no reply has been received by the Vigilance Commission. A copyof the letter at Annexure -VII.

Several Superfluous Service Associations and their negative role on

Administration:

56. There are plethora of associations and organizations of

Government servants, which have reared its ugly heads in recentyears. They have no other work except advocating the cause of

corrupt, after charging a sizeable fee. It is high time that by a secret

ballot method only one association be recognized. The leaders of

Associations are not allowing disciplinary cases to be finalized at theearliest and they are creating stumbling blocks at every stage by

moving from one peshi to another. The Vigilance commission is

victim of these Associations.

Annexures:

a) Cases pending against AllIndia Service Officers.


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b) General Administration Department instructions on examination

of APAT / CAT orders.

c) Circulars of Central Vigilance Commission followed by A. P.

Vigilance Commission.

Complaints Received In The Commission And Complaints WhichWere Published In Newspapers Telecast On TV Channels, Involving

Officials Of Government. Local Bodies. Corporations And Other

Semi-Government Orqanisations Till Date.

57. Over the last few years, there has been steady increase in

reporting complaints against Government machinery, quasi-government organisations who are not delivering goods in time and

who are not loyal to the common man at the cutting edge level. This

is a very distressing tendency on the rise. The Government of

Andhra Pradesh issued Whistle Blowers Orders, which protects theidentity of the complainant. This protection of identity of the

complainant, (the identity of complainant cannot be disclosed) has

also encouraged complaints of personal nature. The complainantsrequest not divulge their identity to any body, else the officer

against whom he makes the complaint trouble them. This is also

partly correct. But there are various reasons as to why there isincreasing number of complaints;

58. The statistics shows that, as on 1.4.2006 there were 1107

complaints, news paper reports or TV reports, pending enquiry and

report etc. During the period till date, another 445 complaints, newspaper reports, etc., which were taken up after scrutiny and selected

by Commission, for further enquiry regarding its veracity. Thesecomplaints were referred to either ACB or V & E Directorate or to the

Heads of Departments concerned or to concerned Secretariat

Department as the case may be, for enquiry and report. Thus, there

are more than 1471 such complaints due for enquiry and report. Itis the experience in the Commission, that while the ACB, V & E

directorate and heads of Department do not take much time in

getting enquiries conducted and sending their detailed reports, on

which further action is ordered by the Vigilance Commission,

Complaints referred to Secretariat Departments, makes a very slow

journey and takes years to get response, as the complaints sent toSecretariat Departments are forwarded


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to their subordinate offices or some times even forwarded to the

same officer against whom the complaint is made. Thus, the entire

purpose and paper work becomes a waste. It has been analysed inthe Commission that for 5 to 7 years, reports have not been

received because reports are delayed by the field level offices, whichmay be 7 times below the Secretariat Department. The complaint

petition even passes 14 downIup stages and ultimately the officeragainst whom the complaint is received might have either retired

from service long back or got promotion or left the job for some

other reasons. Thus, the entire paper exercise is becoming fruitless.

This has become the order of the day.

59. Some of the important complaints received against veryresponsible officers and summary of it in a nutshell are also

mentioned. This is done for purpose of analysis of the complaints.

('Viceroy's Journal by Lord Curzon makes very beautiful reading.)

60. The sharp rise in receipt of complaints, in recent years, is due to

failure of government machinery in redressal of grievances of people

at the cutting edge level and no action is taken on the requestsmade by the general public at the lower level. The Revenue, Police

and other developmental department officials, for various reasons

are not able to adequately respond to the citizens grievances. Therehas been enormous increase in Governmental activities because of

huge release of funds for various welfare schemes. On the other

hand, the posts in the field level are not filled up for years together

and there is shortage of officials to meet the demands of time. The

administration is run by men in a welfare State. More and morenumber of men required to implement the welfare programmes. Let

us talk about weaker sections housing programme. The Governmenthas planned to construct one crore houses within a period of three

years. But how many officials are available to execute and supervise

this programme? The examples are multiple. Let us, take example

of Irrigation Department. Engineers are just not available tosupervise the constructions of programmes or of projects. This has

given Contractors free hand. Speedy money is demanded for

signatures by officials which is needed for release of funds. There

has been stupendous increase in misuse I misappropriation of

government funds, as Government is fixing up


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physical targets, financial targets which is a statisticians nightmare.

Hence, funds are being misused / misappropriated as they are to be

spent in a limited time with budgetary problems to release, etc.Hence, the system itself is under great strain and it is unable to

meet the expectations of modern citizens. Added to this, politicalpressure has built up enormously. The watchdog agencies though

not increasing, are non-functional. TV and newspapers arehighlighting, day in and day out, corruption, which is multiplying.

The investigation agencies like Vigilance and Enforcement

directorate, Anti Corruption Bureau and higher officials of the

Departments are not in a position to cope up with the workload.

There has been tremendous loss in prestige and authority of the

members of various services including members of All-IndiaServices. The judiciary is also under tremendous pressure with the

increase in the number of cases, with inadequate facilities, they are

not able to dispose off the cases. Hence, Courts are taking years to

dispose of cases, even criminal cases. Appointment system itselfcollapsed. Courts give only judgments and no justice. Most of the

judgments are not worth reading.

61. The net result is that the corruption has increased by leaps and

bounds along with maladministration. Maladministration in

Government functions, leads to loss of revenue, due to inefficiencyof revenue earning departments. Vigilance Commission also has

failed to rise to the people's expectations. It is not able to deliver

the goods, as it has no investigation agencies under its direct

control. Government departments are busy with their priority items

of work and they have no time to enquire into corruption andmisappropriation of funds, etc. The Irrigation Department does not

have sufficient number of Engineers to supervise Irrigationconstruction works. The Mines Department does not have enough

staff to inspect legal/illegal mining, done in various parts of the

State. Government land is encroached upon by the mighty and

Government i.e. Revenue Department is looking like a helplessspectator. The revenue earning departments like Commercial Taxes,

Excise are not able to bestow their attention on important business

houses and business centers. As a result, they are harassing small

businessmen to meet their targets. All-India Service officers have

turned ineffective. They are feeling that the environment is not

congenial to effective functioning. The


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officials except, in stray cases, here and there, have joined the

general police in large scale seeing that posts in general police are

more lucrative. The D.G., A.C.B. expressed same feelings. Againstsanctioned strength of 646 from Director General to Attenders and

Sweepers, as on today, in position in A.C.B. 483 are in position. Thisis because of flight of officials from ACB, who are only police officials

on deputation, to the general Police Department. A.C.B., unlikeC.B.I., has no cadre of its own. This is one of the biggest drawbacks.

Similarly, D:G., A.C.B. who is from I.P.S., without fixed tenure, is

always looking for an important slot in General Police, which is a

great handicap to the organization. It is on record, that in the name

of requirement of their services for maintenance of law and order,

the present Home Minister, Sri K Jana Reddy has telephoned metwice to clear files i.e. release of Dy. S.P., from ACB, who were on -

deputation for less than a year from general Police Police

Department. There are various cases including that of Mr. Mahipal

Reddy, Dy. S. P., ACB, Vijayawada, who was taken back as AssistantCommissioner of Police, Rajendranagar, in disrespect of the

instructions of Government contained in G.O.Ms.No.280, G.A. (Spl.

C) Dept.; dt.20.9.2003. He was on 'deputation with ACB, hardlyfor 9 months only. In five such cases, referred to me, Sri K Jana

Reddy, was forced to telephone me, as I was not agreeing to the

proposal. It is against all cannons of existing instructions containedG.O.Ms.No.280, General Administration (Spl. C) Dept., dt.

20.9.2003.

65. Another development in ACB is that cases are not booked

against higher officials, but are booked against small ones. Thiscovers trap cases and other variety of cases associated with trap,

like disproportionate assets, surprise checks etc. Innocent ones areharassed only.

66. The former Director General, ACB, immediate predecessor of the

present D.G., A.C.B., who was not only a man of high integrity butalso a modern man, purchased modern gadgets, which are aides to

investigation and very frequently used it only by Central Bureau of

Investigation and as also recommended by C.B.I. to all anti

corruption agencies. In fact, I have, extensively, discussed

personally, with the then Central. Vigilance Commissioner, Mr. P.

Shankar, who also advised me to discuss on details on


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68. the conclusion, a right thinking person, will draw from theperusal of above is that in most of the districts, the A.C.B. staff is

not interested in legitimate working and have settled down for

something else. Whatever number is shown, in one district or otheris either against very small lower employees, or personal score to be

settled or as in Hyderabad range Dy. Superintendent of Police who

was to retire at the end of July, had prepared a big list for

collections and a few who did not oblige their houses were raided or

surprise check conducted or trapped falsely and a big publicity was

given damaging the reputation of the concerned.

69. There is abnormal delay in filing charge sheet by A.C.B. in the

Special Courts of A.C.B. at Visakhapatnam, Vijayawada, Nellore andtwo at Hyderabad (altogether 5 Courts) over the years. There are

several reasons for the above which need not be discussed. The AntiCorruption Bureau has given its own analysis of cases filed in SpecialCourts and delay (abnormal) in disposals. This analysis of A.C.B. is

again, analysed, based on further detailed statistical analysis as

follows:

There were 68 acquittals during 1.4.2005 - 31.3.2006.


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There were conviction in 55 cases during 1.4.2005 - 31.3.2006.

Crucial study of the cases and circumstances show there is increasein filing complaints, detection of Criminal misconduct and filing

charge sheets; but the disposal is not commensurate with the filing.There is abnormal delay in disposal of criminal cases. The A.C.B.

cited C.C.1O/95 as a example. In this case Accused was present andcopies of charge sheet and Documents were supplied to him on

30.9.1999. Charges were framed on 14.7.2000. For fixing trial

schedule it was adjourned to 20.10.2000. But trial schedule was not

fixed. After several adjournments, it was posted to 25.1.2006, for

fixing trial schedule and summons were issued to L. Ws. on

27.1.2006. Trial commenced on 6.3.2006 and evidence was closedon 6.4.2006. Judgment was pronounced on 30.6.2006.

70. The delay appears to be in the take off. Though docket entries

show that the court appear to be lenient and liberal in grantingadjournments, what was the real cause for this delay we cannot say

by simple reading of docket entries. During this period at least 2 to

3 Judges might have worked and handled the case. (Generally noJudicial Officer will be kept in the same post and station beyond 3

years). This case, in fact, suggests the lack of interest or attention

by prosecution also. These things can be minimized if a little bitattention is shown by the prosecuting agency.

71. The report of the D.G., A.C.B. shows that there is increase in

filing cases and disposal of cases. But it appears the disposal is not

commensurate with filing. Of course there are failures in ACB cases.Among other causes, the main ones are; (1) not establishing

sufficient courts; (2) Failure to appoint adequate Public Prosecutors;(3) Placing the P.P. in charge of two or more courts; (4) The Special

Courts being entrusted with other type cases and not exclusively

meant for disposal of A.C. B. Cases; (5) Delay tactics adopted by

the Accused so as to win over the Prime Witnesses; (6) Failure ofthe Prosecution to resist the Delay as well as produce the relevant

evidence in time and last but not the least; (7) lack of sincerity in

pursuing Prosecution case

72. These things can be avoided:


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1. By requesting the Hon'ble High Court to post sincere and hard

working officers and keep them at least for two years.

2. High Court to give instructions to the Judicial Officers to give

priority to A.C.B. Cases.

3. Request Government to establish sufficient courts / requestthe Hon'ble High Court to nominate a particular court to take up

A.C.B. cases.

4. Make the Government to appoint one Public Prosecutor to

each A.C.B. Court / or instruct the P.P. first to attend A.C.B. Court.

5. Establish two more A.C.B. Courts one at Warangal and

another at Kurnool with P. Ps. and required staff (as suggested by

A.C.B.).

6. A.C.B. (Prosecution) to be more diliqent in Pursuing the case.

73. Cases are not booked against general Police Officers; TrafficPolice, etc., though they are knee deep in corruption. Even if, here

and there, a case is booked, mostly against Police Subordinates,

Home Department headed by Sri K Jana Reddy is ready to bail outthe accused officer.

74. Some of the Deviations, that is Government honouring the guilty

by deviating from the advice of A.C.B. /Vigilance and Enforcement

Directorate / Vigilance Commissioner, category-wise, case numberwise are noted below. The details and files are available in the

Vigilance Commission.

(a) Lesser Penalties 1m Dosed In Serious Cases Of Criminal

Misconduct Where No Lesser Punishment Than Dismissal Is

Warranted

1. Case No.49714/VC.B1/2005 GAD.

2. Case No.329/VC.B2/2002

3. Case No.2236/VC.C1/2000

4. Case No.1279/VC.C2/2000 (Removal)

5. Case No.76345/VC.C3/20056. Case No.180/VC.C3/2003 Most, most shameless

7. Case No.703/VC.C3/2003 (Very Important)

8. Case No.305/VC.D1/2004 (Very Very Important)

9. Case No.619911/VC.D2/2006 (Very Very Serious. Sacrificingsmall fish at the cost of big ones - Injustice perfected)

10. Case No.10/VC.G2/2004

11. Case No.1773/VC/2000 (V. V. Important - Doctors - dismissaladvised reduction in pay imposed.

12. Case No.551/VC.2003


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iii) Lesser penalty proceedings recommended but action dropped

C. No.565/VC/ 200 3

(e) NonConsultation And Dropping Further Action Thereby

Rendering Existence Of A. P. Vigilance Commission Null And Void

i) C.No.1656/ VC.C1 /2003ii) C.No.52/ VC /2003

iii) C.No.35/ VC /2002

iv) C.No.425/ VC /2001

v) C.No.715/VC /2002. Disagreement factors not appreciated and

further action dropped.

vi) C.No.6458/ VC /2006Non-consultation and reinstatement

vii) Very Very serious - Dropping further action and regularizing

non-service to service C.No.1537/VC/1998

viii) Non appeal and dropping further action ACB case dt.24.7.98C.No.1653/VC/2002

ix) Non-consultation and reinstatement of suspended person

illegally. No action whatsoever taken. C.No.ll050/VC/2005x) Dropping action without initiating disciplinary proceedings C.

No.ll0 500 1/VC/2 005

xi) C.No.319/VC/2004xii) C.No.1357/2000 - 100% cut in pension advised, but 10% was

imposed

xiii) C.No.83869/VC/2005 - dropping action in a case of malafide

action proved.

xiv) 86/VC/2001xv) C.No.65912/VC/2006 - Dropping action without conducting

inquiry as advised.xvi) 151/VC/2004

(f) Illegal Arbitrary Action Of Govt. - Withdrawal Of Prosecution And

Dropping Further Action. In Other Words Issue Of Certificate OfOutstanding Performance And Suitable Reward Of Sending A.O. To

Jail Which He Deserved.

i) C.No.2580/VC.C1/2000

ii) C.No.183 9/VC.C3/2 003

Hi) C.No.328/VC.D2/1998 Very Important

iv) C.No.994/VC.D2/1999

v) C.NO.1653/VC/2002 - V. V. Important case withdrawal ofprosecution

arbitrarily, illegally not prosecuting the officer who should be in jail.

vi) C.No.11707/VC/2005 - V. V. Important case.


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vii) C.No.187/VC/2000 - Case withdrawn from investigation by CB,

CID arbitrarily.

viii) C.N0.454/VC/2004 - Issued punishment

ix) C.NO.5910/VC/2005

x) C.NO.1879/VC/2000


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xi) C.NO.1517/ VC.2001

xii) C.NO.33738/ VCj2005

xiii) C.NO.563/ VC /2000xiv) C.NO.694/ VCj2000- V. V. Important

xv) C.NO.1732/ VCj2000xvi) C.No.1837/ VCj2003

xvii) C.NO.IO14/ VCj2001xviii) C.No.1116/ VCj1997

xix) C.No.225/ VCj2005

xx) C.No.125 3/ VC/2 002

xxi) C..No.7871/ VCj2001

(g) A.P.V.C. Recommended Prosecution Of Guilty Officials After

Detailed Consideration, Based On Legal Opinion Of ACB And

Principal District Judge Who Is Legal Advisor Of A.P.V.C., But The

Department Concerned Without Assigning Any Valid, Legal ReasonsArbitrarily Passed Orders Dropping Prosecution And Ordered

Departmental Action Which Is No Action:

i) C.No.47705/ VC.Cl /2005

ii) C.NO.11/ VC.CI /2004

iii) C.No.38/ VC.I /2004

An interesting case: (Miss.) K.Rama

75. This is a case of disproportionate assets and a very serious case

of corruption by a senior officer. As per the instructions given byGovernment itself in Memo.No.554jSer.C/93-6, G.A. (Ser. C) Dept.,

dt.26.12.1994, in such cases when charge sheet is filed in the Court,the officer is required to be kept under suspension till the case is

disposed off in the Court. This type of requests have arisen after the

Revenue Department arbitrarily and without justification reinstated

Sri Jayaprakash Reddy, Joint Commissioner, Prohibition & Excise,into service without consulting V.C., and A.C.B. If Government take

this type of decision, there is bound to arise more and more such

requests for reinstatement, particularly from senior officers and from

those officers who could approach public figures. In short, this will

only justify and favour, if one