Time limit and procedure for seeking reconsideration of Central Vigilance Commission’s First Stage Advice

Time limit and procedure for seeking reconsideration of Central Vigilance Commission’s First Stage Advice: Circular No. 20/11/21 dated 25.11.2021

CENTRAL VIGILANCE COMMISSION

Satarkta Bhawan, G.P.O. Complex,
Block A, INA, New Delhi-10023
No. 008/VGL/027
Dated: 25.11.2021

Circular No. 20/11/21

Subject: Time limit and procedure for seeking reconsideration of Central Vigilance Commission’s First Stage Advice-reg.

Reference: (i) Commission’s letter No. 000/DSP/1 dated 06.03.2000
(ii) Commission’s Circular No. 15/4/08 dated 24.04.2008
(iii) Commission’s Circular No. 06/08/2020 dated 06.08.2020

Attention is invited to Para 1.6.4 of Chapter I of Vigilance Manual, 2021 and also to the guidelines/ circulars as referred to above, relating to the procedure and time limit for seeking reconsideration of Commission’s First Stage Advice.

2. As per existing instructions, the organizations/authorities concerned are required to approach the Commission for reconsideration of its First Stage Advice, within a period of one month of the receipt of the Commission’s advice, in case they propose to differ with the same.

3. The issue has been considered by the Commission in the light of references received from the authorities concerned. seeking reconsideration of Commission’s First Stage Advice. It has been observed that on occasions, the proposal for reconsideration of Commission’s First Stage Advice is received after the prescribed time limit of one month and the reasons for delay cited by the authorities concerned, are found to be logically acceptable. After considering the matter in detail and on review of the existing time limit, the Commission has decided that proposal for reconsideration of its First Stage Advice may be sent by the organizations/authorities concerned within a period of two months from the date of receipt of Commission’s First Stage Advice. However, it may be noted that the proposal for reconsideration of Commission’s First Stage Advice should be sent only 1n those rare cases where some additional/new material facts have come to light, which could not be considered earlier. The reasons for not examining/considering the facts earlier, should be specified while approaching the Commission for reconsideration of its First Stage Advice and the proposals should be sent with the approval of the Disciplinary Authority/Head of the Department/Chief Executive of the organizations concerned.

4. It may also be noted that the proposal for reconsideration of Commission’s First Stage Advice would be entertained ‘only once’. Such proposals, if not accompanied with new/additional facts and due examination of the same, are liable to be summarily rejected by the Commission.

5. The provisions of Para 1.6.4 of Vigilance Manual, 2021 would stand amended to the above extent.

6. All CVOs/Administrative Authorities are requested to ensure strict compliance to the above instructions.

(Rajiv Verma)
Director

Source: CVC