Vigilance Functions in NALCO
Vigilance Department in NALCO was set up in 1982 and the Vigilance Officers are deputed as per CVC guideline in all the Units of NALCO i.e. at Corporate Office, Bhubaneswar, Odisha; at Smelter & Power (S&P) Complex, Angul, Odisha and at Mines & Refinery (M&R) Complex, Damanjodi, Odisha who report to the CVO, stationed at the Corporate Office.
The department’s activities apart from investigation of complaints, ensures compliance to various regulations and guidelines as defined by CVC / Ministry of Mines / CBI / NALCO Corporate Guidelines / any other Regulatory and Statutory requirements. The department initiates proactive steps to ensure ethical work practices across the company. Along with the reactive and punitive response, the department takes preventive and reformative measures in improving the system in the organization.
The Role of Vigilance can be broadly divided into following heads:
It is creating awareness and educating all the employees on anti-corruption measures, simplification of rules and procedures, plugging loop holes in the system. To conduct Vigilance awareness programme to educate all to take clean, honest, effective and transparent decisions.
It plays an important role in strengthening the vigilance set up of any organization. Preventive vigilance sets up procedures and systems to restrain the acts of wrong doing and misconduct in the various areas of the functioning of the department.
It enables foreseeing in activity prejudicial to the interests of the organization and suggesting in advance corrective measures to be taken by the management against acts of misconduct, corruption, lapses.
(a) Effective use and scan of Complaints, Inspection Reports, Audit Reports, Press Reports, CBI Reports, Judicial Remarks, Information source and
(b) Detection of Corrupt practices, Malpractices, Negligence, Misconduct and
(c) Surveillance of public contact points, Close watch on officers at sensitive posts of doubtful integrity.
(d) Scrutiny of decisions taken by officials having discretionary powers;
It includes investigation and collection of evidence and speedy departmental inquiries. Swift and deterrent action against the real culprits.
It includes analysis of results of detective vigilance and exploration of the reasons and contributory factors, finding solutions to stop recurrence and activate alarm signals, updating the practices/ procedures to keep pace with times.
- Preparation of list of officers of doubtful integrity
- Preparation of “Agreed list” of officers
- Scrutiny of returns on immovable / movable assets
- Monitoring rotation of staff in sensitive areas
- Investigation of complaints with follow-up action
- Study systems & procedures of and advise the NALCO Management for cost control / reduction and to eliminate scope formal practices
- Review of procurement of materials and service contracts
- Surprise inspections
- Undertaking CTE type inspections & Scrutiny of audit reports
- Follow-up of CVC’s instructions
- Submitting Monthly/Quarterly & Annual Reports to CVC and MoM
- Observance of Vigilance Awareness Week
- In-house training to line managers on various aspects of preventive vigilance
Role And Functions of Chief Vigilance Officer (CVO)
The Head of the Vigilance Department in NALCO is Chief Vigilance Officer (Officer on deputation from Central government deputed by the CVC). The Chief Vigilance Officer (CVO) heads the Vigilance Division of the organization concerned and acts as an advisor to the chief executive in all matters pertaining to vigilance. He also provides a link between the organization and the Central Vigilance Commission on one hand and the organization & the Central Bureau of Investigation on the other. Vigilance functions to be performed by the CVO are of wide sweep and include collecting intelligence about the corrupt practices committed, or likely to be committed by the employees of the organization; investigating or causing an investigation to be made into verifiable allegations reported to him; processing investigation reports for further consideration of the disciplinary authority concerned; referring the matters to the Commission for advice wherever necessary; taking steps to prevent improper practices or commission of misconducts; examining audit, inspection and other reports from the point of vigilance angle, etc. Thus, the CVO’s functions can be broadly divided into three categories, viz.
(i) Preventive Vigilance;
(ii) Punitive or reactive Vigilance;
(iii) Surveillance & detective Vigilance.
Even though detection and punishment of corruption and other malpractices are certainly important, what is more important is taking preventive measures instead of hunting for the guilty in the post corruption stage. Therefore, the role and functions of CVOs has been broadly divided in to two parts, which are (i) Preventive and (ii) Punitive.
On the Preventive Side
The CVOs undertake various measures, which include:
(a) To examine in detail the existing Rules and procedures of the Organisation with a view to eliminate or minimize the scope for corruption or malpractices;
(b) To identify the sensitive/corruption prone spots in the Organisation and keep an eye on personnel posted in such areas;
(c) To plan and enforce surprise inspections and regular inspections to detect the system failures and existence of corruption or malpractices;
(d) To maintain proper surveillance on officers of doubtful integrity; and
(e) To ensure prompt observance of Conduct Rules relating to integrity of the Officers, like
- (i) The Annual Property Returns;
- (ii) Gifts accepted by the officials
- (iii) Benami transactions
- (iv) Regarding relatives employed in private firms or doing private business etc.
On The Punitive Side
(i) To ensure speedy processing of vigilance cases at all stages. In regard to cases requiring consultation with the Central Vigilance Commission, a decision as to whether the case had a vigilance angle shall in every case be taken by the CVO who, when in doubt, may refer the matter to his administrative head, i.e. Secretary in the case of Ministries/Departments and Chief Executive in the case of public sector organizations;
(ii) To ensure that charge-sheet, statement of imputations, lists of witness and documents etc. are carefully prepared and copies of all the documents relied upon and the statements of witnesses cited on behalf of the disciplinary authority are supplied wherever possible to the accused officer along with the charge-sheet;
(iii) To ensure that all documents required to be forwarded to the Inquiring Officer are carefully sorted out and sent promptly;
(iv) To ensure that there is no delay in the appointment of the Inquiring Officer, and that no dilatory tactics are adopted by the accused officer or the Presenting Officer;
(v) To ensure that the processing of the Inquiry Officer’s Reports for final orders of the Disciplinary Authority is done properly and quickly;
(vi) To scrutinize final orders passed by the Disciplinary Authorities subordinate to the Ministry/Department, with a view to see whether a case for review is made out or not;
(vii) To see that proper assistance is given to the C.B.I. in the investigation of cases entrusted to them or started by them on their own source of information;
(viii) To take proper and adequate action with regard to writ petitions filed by accused officers;
(ix) To ensure that the Central Vigilance Commission is consulted at all stages where it is to be consulted and that as far as possible; the time limits prescribed in the Vigilance Manual for various stages are adhered to;
(x) To ensure prompt submission of returns to the Commission;
(xi) To review from time to time the existing arrangements for vigilance work in the Ministry/Department for vigilance work subordinate officers to see if they are adequate to ensure expeditious and effective disposal of vigilance work;
(xii) To ensure that the competent disciplinary authorities do not adopt a dilatory or law attitude in processing vigilance cases, thus knowingly otherwise helping the subject public servants, particularly in cases of officers due to retire;
(xiii) To ensure that cases against the public servants on the verge of retirement do not lapse due to time-limit for reasons such as misplacement of files etc. and that the orders passed in the cases of retiring officers are implemented in time; and
(xiv) To ensure that the period from the date of serving a charge-sheet in a disciplinary case to the submission of the report of the Inquiry Officer, should, ordinarily, not exceed six months.
Stakeholders of Vigilance