CHANDIGARH:  Punjab government seems to have rendered Punjab State Vigilance Commission “toothless” from the day one by taking Group ‘A’ officers out of its preview thus giving virtual immunity against corruption to most vulnerable section of employees.

The Vigilance Commission has been set up under the Punjab State Vigilance Commission Act.2006 passed by Vidhan Sabha on the pattern of Central Vigilance Commission. The Punjab Vigilance Bureau will now work under the direct control of State Vigilance Commission.

Interestingly, the first  time Punjab government (Joint Punjab) had on March 8, 1965 constituted State Vigilance Commission but it was abolished on July 14, 1967 on the grounds that it had not served useful purpose and rather it had tended to delay the disposal of corruption cases which were required to be dealt with expeditiously.

According to a notification issued by department of legal and legislative affairs Punjab on October 3 last, the Vigilance Commission can not hold any inquiry or investigation against class one officers without the prior permission of the state government.

The notification read, “Notwithstanding anything contained in any other law for the time being in
force, the Vigilance and Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption Act. 1988 or an offence with which a public servant may under the code of Criminal Procedure 1973 be charged at the same trial, except with the prior approval of the state government where the allegations related to Group A officers of the state government”.

The same criterion would be applicable to state government officials posted in Corporations,
companies, societies and local authorities owned or controlled by the state government.  The officers of above Group A that included IAS and IPS officers and officers of same rank in any organization are also out of direct preview of the Commission.

It implies that Vigilance Commission would have no right to hold any inquiry against Punjab Civil
Services (PCS) and Punjab Police service (PPS) officers, district heads of various departments like Assistant Excise and Taxation Commissioners, Excise and Taxation officers (ETO), District Development Officers, District Treasury Officers, Sub Divisional Engineers and higher ranks etc and all officers in the pay scale of Rs.7880-15,000 and above.

However, no prior approval shall be necessary for the cases involving arrest of a person on spot on the charge of accepting or attempting to accept gratification other than legal remuneration. Vigilance Commission can also proceed directly against Group B and Group C officials.

Punjab government has also brought certain amendments in the CVC act to include the rank of High Court judge in the Clause 3(3) probably to accommodate present incumbent Justice Amar Dutt who has recently retired from Punjab and Haryana High Court.

Another amendment has been made to exclude the leader of opposition from the committee for recommendation of names of State Vigilance Commissioner and Vigilance Commissioners. Instead Speaker of Vidhan Sabha and Chief Secretary have been included in the committee headed by Chief Minister.

Whereas the term of Chief Vigilance Commissioner is only four years, the state government has given term of six years to State Vigilance Commissioner.

The powers of appointment of Chief Director Vigilance would lie with committee including Chief Minister, State Vigilance Commissioner and Chief Secretary where as in the central act the secretaries of departments of personnel and Finance and vigilance commissioners are also part of such a committee.

Punjab is seventh state to set up Vigilance Commission after Gujarat, Andhra Pardesh, Manipur, Tamil Nadu, Uttar Pardesh and Madhya Pardesh.