Vigilance -MCD Case Study

1. Vigilance -MCD Case Study

4. WHAT IS VIGILANCE OXFORD ENGLISH DICTIONARY DEFINES VIGILANCE as ‘VIGILANT’ AS KEEPING CAREFUL WATCH TO AVOID POSSIBLE DANGER OR DIFFICULTIES. e.g. parent keeping a watch over young children to avoid untoward incident or accident. Vigilance in the context of Government means: Keeping a watchful eye on the activities of the Government servants and taking prompt action to promote ethical practices and ensure integrity and honesty in the official transactions.

5. WHAT IS VIGILANCE ANGLE • DEMANDING AND/ OR ACCEPTING GRATIFICATION FOR AN OFFICIAL ACT OR INFLUENCING OTHERS • OBTAINING VALUABLES WITHOUT CONSIDERATION / WITH INADEQUATE CONSIDERATION FROM SOMEONE IN OFFICIAL DEALING DIRECTLY / INDIRECTLY • OBTAINING HIMSELF OR FOR OTHERS VALUABLES OR PECUNIARY BENEFITS BY CORRUPT OR ILLEGAL MEANS OR BY ABUSING POWER • POSSESSION OF ASSETS DISPROPORTIONATE TO INCOME • MISAPPROPRIATION, FORGERY OR CHEATING ETC. AND • OTHER IRREGULARITIES, WHICH CAST DOUBT ON INTEGRITY

6. FACETS OF VIGILANCE • PREVENTIVE VIGILANCE; • PUNITIVE VIGILANCE; • SURVEILLANCE & DETECTION

7. PREVENTIVE VIGILANCE

8. PUNITIVE VIGILANCE • TO VERIFY ALL COMPLAINTS RECEIVED. • SCRUTINY OF COMPLAINTS FROM VIGILANCE ANGLE AND ORDERING FOR INVESTIGATION. • TO SUBMIT VIG. INF. REPORT TO D.A. UNDER MINOR / MAJOR PENALTY. • VETTING OF CHARGE SHEET WHILE INSURING THAT THE CHARGES ARE IN-LINE WITH VIR. • MONITORING APPOINTMENT OF IO AND PO IN CASES AND THE ENSURES ADHERENCE OF TIME SCHEDULE. • EXAMINATION / PROCESSING OF IO’S REPORT. • TO CHECK TIMELY ISSUE OF PENALTY ORDER BY DA • RECOMMENDING ANY WORK FOR INTENSIVE EXAMINATION BY CTEO.

9. CONSTITUTIONAL PROVISIONS(contd.) RELATING TO DISCIPLINARY PROCEEDINGS • PART XIV (SERVICES UNDER THE UNION AND THE STATES) • • ARTICLE 310 • • ARTICLE 311 • 310 – PLEASURE DOCTRINE • • 310(1) Except as expressly provided by this Constitution, every person who is a member of a Defence service or of a civil service of the Union or of an all-India service or holds any post under the Union, holds office during the pleasure of the President. • This article not applicable to judges of Hon’ble Supreme Court / High Court, Chief Election Commissioner, Chairman and members of UPSC etc.

10. 311 – Dismissal, removal or reduction in rank of a person employed in civil capacities under the Union or a State • • (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. • • (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. Provided further that this clause shall not apply Conviction on a criminal charge - Where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or Impracticability - Where the authority empowered to dismiss or remove a person or to reduce him in ranks is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or Reasons of security - Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the state it is not expedient to hold such inquiry

11. 311(3): if, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause(2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final. 311(2)(b): Not reasonably practicable – When it should be resorted to? • There are no witnesses, • Government servant / his associates terrorizes, threatens or intimidates – Witnesses, Disciplinary authority / Inquiry authority or members of their family. • Atmosphere of violence or general indiscipline and insubordination prevails. • D.A is not bound to suspend the inquiry and wait for the normalcy to return. • Reason can arise even during the course of inquiry.

12. MCD – An overview The Municipal Corporation of Delhi serves population of over 15 million spread across 1397.3 sq.kms sparing 12 municipal zones, each headed by a Deputy Commissioner. The MCD was trifurcated into North, South and East Corporation in 2012. The Total number of employees in MCD (unified) were 1.30 lakh.

13. Unauthorized Construction – A menace to Society MCD is mandated by DMC Act to enforce Building Byelaws throughout its jurisdiction. Building department is headed by Executive Engineer in each zone, supported by A.E.s and J.E.s for sanction of Building plans and enforcement of Building Byelaws. No building can be used unless a “Completion Certificate” and “Occupancy Certificate” is granted by competent authority.

14. KalyanaSanstha Social Welfare Organisation Vs. Union Of India & Ors in (WP No.4582/2003) The Hon’ble Court observed vide order dated 30.11.2005 “that the officers of MCD, its engineers are hand in glove with those indulging in unauthorized construction and that without their active or passive connivance, it was not possible for such mushrooming of unauthorized construction in the capital of this country.” Accordingly, the Court directed to initiate major penalty proceedings against all such persons who are found guilty of having abetted and connived with those who indulged in unauthorized construction.

15. DMC Services (Control & Appeal) Regulations 1959 Section 95(2) and Regulation 9 (ii) of DMC “ Where the authority empowered to remove or dismiss an officer or other employee is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in these regulations; the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit.“

16. Principles of Natural Justice • audialterampartem: which denotes hear the other party or in other words “ no one shall be condemned unheard”. • The Hon’ble High Court vide its order dated 16/2/2006 and 23/3/2006 held that “maxim of audialterampartemis not applicable to such delinquent officers of MCD. The delinquent officers should be punished with exemplary and deterrent punishment……. there should not be any hesitation in showing them the door.”