Court : Supreme Court of India
Reported in : AIR2011SC1267
..... 348 of 2010) as central vigilance commissioner under section 4(1) of the central vigilance commission act, 2003 ("2003 act" for short). 2. ..... the 2003 act has been enacted to provide for the constitution of a central vigilance commission as an institution to inquire or cause inquiries to be conducted into offences alleged to have been committed under the prevention of corruption act, 1988 by certain categories of public servants of the central government, corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the central government and for matters connected therewith or incidental thereto (see preamble). ..... functions and powers of central vigilance commission- (1) the functions and powers of the commission shall be to (a) exercise superintendence over the functioning of the delhi special police establishment in so far as it relates to the investigation of offences alleged to have been committed under the prevention of corruption act, 1988 or an offence with which a public servant specified in sub-section (2) may, under the code of criminal procedure, 1973, be charged at the same trial; (b) give directions to the delhi special police establishment for the purpose of discharging the responsibility entrusted to it under sub-section (1) of section 4 of the delhi special ..... chapter iii refers to functions and powers of the central vigilance commission. .....
Tag this Judgment!Court : Supreme Court of India
..... 6.12.4 such amendments are in consonance with the appointment process in lokpal and lokayuktas act, 2013, the right to information act, 2005 and the central vigilance commission act, 2003. ..... 6.12.5 pursuant to article 324(2), an amendment can be brought to the existing election commission (conditions of service of election commissioners and transaction of business) act, 1991 to amend the title and insert a new chapter 1a on the appointment of election commissioners and the cec as follows: act and short title: the act should be renamed the election commission (appointment and conditions of service of election commissioners and transaction of business) act, 1991 . ..... , and recommended: appointment of chief election commissioner and election commissioners (1) the election commissioners, including the chief election commissioners, shall be appointed by the president by warrant under his hand and seal after obtaining the recommendations of a committee consisting of: (a) the prime minister of india chairperson (b) the leader of the opposition in the house of the people member (c) the chief justice of india member 54 255th law commission of india report, 2015, chapter vi- strengthening the office of the election commission of india, available at:https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081635 .....
Tag this Judgment!Court : Karnataka
..... . as regards cvc, the cvc operates as an independent statutory body under the central vigilance commission act, 2003, which ensures its autonomy ..... the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of ..... chapter xxxiii for the purposes of that chapter;]. - 54 - 71 ..... any police officer making an investigation under this chapter, or any police officer not below such rank as the state government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case .....
Tag this Judgment!Court : Karnataka
..... . as regards cvc, the cvc operates as an independent statutory body under the central vigilance commission act, 2003, which ensures its autonomy ..... the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub- section shall be deemed to be so released under the provisions of ..... chapter xxxiii for the purposes of that chapter;]. - 54 - 71 ..... any police officer making an investigation under this chapter, or any police officer not below such rank as the state government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case .....
Tag this Judgment!Court : Patna
..... section 8(h) of the central vigilance commission ordinance 1998, as well as act no. ..... in view of the general instructions of the central vigilance commission, the bank seeks to remedy the mischief which seems to afflict its contracts in the field covered by the impugned notification. ..... 45 of 2003 (which followed as a sequel to the ordinance) reads as follows:exercise superintendence over the vigilance administration of the various ministries of the central government or corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government.in exercise of powers so conferred on the cvc, it issued its circular dated 18.11.1998 (annexure-r/e), wherein it has noted that improvement of vigilance administration is possible only if system improvements are made to prevent the possibilities of corruption and also encourage a culture of honesty. ..... in all such cases, the laid down procedure in regard to inviting applications through sealed tenders, newspapers advertisements, approval by the rate committee as required in chapter 4 of scheme of delegation of financial powers general matters 1997, are being by-passed and decisions to award such contracts are being taken at the level of branch managers/controllers without prior scrutiny of offers in the prescribed manner. .....
Tag this Judgment!Court : Delhi
..... and 151 of the constitution of india; (iv) reproduce sections 15(1), 18(1) and 20(1) of the cag act; (v) plead the organizational structure of the indian audit and accounts department headed by the cag; (vi) plead the importance of audit; (vii) plead the queries made by the petitioner to the office of the cag and the replies received thereto; (viii) plead the history of cvc, leading to the central vigilance commission act, 2003 (cvc act); (ix) reproduce sections 8 & 17 of the cvc act; (x) draw attention to the lokpal and lokayuktas act, 2013 (lokpal act); (xi) plead the queries under the right to information (rti) act, 2005 made by the petitioner to the lok sabha and ..... rajya sabha secretariats and the reply received ..... chapter v (titled comptroller and auditor general of india) of part v (titled the union) of the constitution deals with the comptroller & auditor general of india (cag) .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC297; (2005)2UPLBEC1362
..... 4 of 1999), which was replaced by the central vigilance commission act, 2003. ..... in that case it appears that direction was issued by the ministry of finance that the punishment advised by the central vigilance commission in every case of disciplinary proceeding should be strictly adhered to and not to be altered without prior concurrence of the central vigilance commission and therefore, looking to the provisions contained in section 8 of the banking companies (acquisition and transfer of undertakings) act, 1970, the apex court held that the ministry of finance, government of india, has no jurisdiction to issue the impugned directives to the banking institutions. ..... and thus, in view of the provisions of the act, the advice given by the central vigilance commission will not vitiate the proceeding as the same was of advisory nature and the disciplinary authority having considered the advice and also looking to the material on record, decided to hold departmental proceeding against the petitioner.24. ..... it is to be noticed that in the instant case the petitioner has been inflicted punishment of compulsory retirement which is major punishment under rule 23-f of the rules and also disentitles him to get pensionary benefits as per para 22 of chapter-iv of the pension rules, which practically amounts to dismissal or removal from service. ..... its functions and powers are provided in section 8 of chapter iii of the act. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
Reported in : (2007)(2)SLJ172CAT
..... to the central vigilance commission act, 2003, the cvc was constituted to inquire or cause inquiries to be conducted into offences alleged to have been committed under the prevention of corruption act, 1988 by certain categories of public servants of the central government, corporations established by or under any central act, government companies, societies and local authorities owned or controlled by the central government and for matters connected therewith or incidental thereto and since the matter involved in the present case was not an "offence" under the prevention of corruption act, the respondents could not have obtained the advice of the central vigilance commission ..... " "offence" shall mean any act or omission made punishable by any law for the time being in force" section 40 of ipc: "except in the chapters and-sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this code. ..... in chapters iv, v-a and in the following sections, namely, sections 64, 55, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445 the word "offence" denotes a thing punishable under this code or under any special or local law as thereinafter denied. .....
Tag this Judgment!Court : Delhi
..... the central vigilance commission has also emphasized that he provisions of the aforesaid act can be taken recourse to in cases recourse to in cases where there is possibility of private witnesses, who are required to provide crucial evidence, evading appearance before the enquiring authority, and that the act is applicable to all enquiry proceedings where lack of integrity is a charge or part of a charge, and further that the enquiring authority authorized under the act is conferred with the powers of a trial court to summon witnesses/documents, and such summons shall be served through ..... digambar singh, warder-599 under sections 7,12 and 13 of the prevention of corruption act, (49 of 1988) with the police station, anti corruption banch, old secetariat: delhi;and whereas the above misconduct on the part of the said shri digambar singh, warder-599 is in violation of the following provisions of the delhi prisons act 2000 (delhi act 2 of 2002) and the rules made thereunder read with the provisions of the delhi jail manal, namely;"section 9 of the delhi prisons act, 2000 (delhi act 2 of 2002) officers not to have business dealing ..... the act of 1972 has been added as a separate chapter. ..... dated 1515/2001 decided on 07.02.2003 iv) mehant ram das prakash v. ..... , (2003) 9 scc 75.4. .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(4)CHN99
..... and taking approval or consent from the central vigilance commission was said to be illegal and no cognizance could be taken was accepted by the high court while the apex court is of the view that the petition ought to have been dismissed and it was laid down amongst others:'if cognizance is in fact taken on a police report initiated by the breach of a mandatory provision relating to investigation, there can be no doubt that the result of the trial, which follows it cannot be set aside unless the illegality in the investigation can be shown to have ..... in other words keeping in view of chapter 36 the legislature thought it fit to place the investigating agency on toes so that speedy investigation and trial are possible. ..... the last act of cruelty was committed on the aforesaid date, but the machinery of law set in motion only on 19.4. ..... before parting with the same another point came in course of my mind which was also referred in the aforesaid case, 2003 calcutta criminal law reporter (cal) 639, wherein the learned p.p. ..... more so, three years time as has been prescribed by the act itself unless explained will prevail,10. .....
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