Sanjeev Pargal
JAMMU, Feb 22: The State Vigilance Commission (SVC) headed by former Director General of Police (DGP) Kuldeep Khoda today formally came into existence with Governor N N Vohra administering oath of office and secrecy to Mr Khoda and Vigilance Commissioner RK Jerath in the Raj Bhawan.
The State Government had constituted the SVC by an act of legislation about two years back. It was called as Jammu and Kashmir State Vigilance Commission, 2011. Its rules were framed on January 19, 2011.
Official sources said Mr Vohra administered the oath to Mr Khoda and Mr Jerath at 5.30 pm today in presence of selected dignitaries including Chief Minister Omar Abdullah, Deputy Chief Minister Tara Chand, Chief Secretary Mohammad Iqbal Khandey and DGP Ashok Prasad among others.
After several hiccups, the Government had early this month approved the appointment of Mr Khoda and Mr Jerath as first ever CVC and VC of the State. Though the Act provided appointment of two VCs, the Government had to shelve the proposal of appointing MS Khan, a retired IAS officer as second VC as he opted out on personal grounds.
Mr Khoda, an IPS officer, had retired as DGP of the State on May 31 last year while Mr Jerath, an IAS officer, had retired on April 30 last year as Financial Commissioner.
This was nearly after two years after the State Legislature had passed an Act for constitution of the SVC that the Commission formally came into existence with the oath of CVC and VC.
Mr Khoda and Mr Jerath would have a term of four years or till they attained the age of 65 years, whichever is earlier. Under the Act, the Government had to appoint a Secretary to the Commission.
The Government would now have to appoint a Director to the State Vigilance Organisation (SVO) on recommendations of a committee comprising the Chief Secretary as its chairman, CVC and VCs as members. The Director should not be below the rank of an IGP.
The CVC would be chairperson of the State Vigilance Commission while the VCs would be its members.
The Commission would exercise superintendence over the functioning of the Vigilance Organization relating to the investigation of offences committed under the Prevention of Corruption Act or an offence with which a public servant under the Code of Criminal Procedure be charged at the same trial.
The SVC would give directions to the Vigilance Organization for the purpose of discharging the responsibility entrusted to it under the Prevention of Corruption Act provided that while exercising the powers of superintendence, the Commission shall not exercise powers in such a manner so as to require the
Vigilance Organization to investigate or dispose of any case in a particular manner.
The Commission would inquire or investigate a reference made by the Government wherein it is alleged that a public servant being an employee of the Government or a Corporation has committed an offence under the Prevention of Corruption Act or under the Code of Criminal Procedure.
The SVC would have the powers to review the progress of investigations conducted by the Vigilance Organization into offences allegedly committed under the Prevention of Corruption Act and progress of applications pending with the Competent Authorities for section of prosecution of the Government servant.
The Commission could give advice to the Government Departments, Corporations, Companies, Societies and local authorities owned or controlled by the Government on such matters as may be referred to it by the Government.
In case, the Chief Vigilance Commissioner and other Vigilance Commissioners differed in opinion on any matter, the issue would be decided according to the majority view.
The Commission while conducting any inquiry would have all the powers of a civil court trying a suit under the Code of Civil Procedure Samvat 1977 and in particular in respect of the matters including summoning and enforcing the attendance of any person from any part of India and examining him on oath, requiring the discovery and production of any document, receiving evidence on affidavits, requisitioning any public record or copy from any court or office and issuing commissions for the examination of witnesses or other documents.
The Commission shall be deemed to be a civil court and every proceeding before the Commission shall be deemed to be a judicial proceeding.
The Commission may call for reports, returns and statements from the Government or Corporations established in the State by or under any Central Act or the Act of State Legislature, Government Companies, Societies and other local authorities owned or controlled by the Government so as to enable it to exercise general supervision over the vigilance and anti-corruption work in the Government and in the said Corporations, Government Companies, Societies and local authorities.
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