|
Book Review
All about vigilance
FACETS OF VIGILANCE — Prevention To Prosecution: K. L. Malhotra; Bahri Brothers, 742, Lajpat Rai Market, Delhi-110006. Rs. 595.
NO LESS a person than Mr. N. Vittal, Central Vigilance Commissioner, has observed about this book as follows: "Mr. K. L. Malhotra who had worked in the Central Vigilance Commission has rendered an immense service to those all connected with the administration of vigilance in Government Organisations''
As observed by the author in his introduction "one of the main functions of the state is maintenance of law and order, right of equality before law and to prevent abuse of power given by law and ensuring correct application of law. This can be ensured by watchfulness, caution and vigilance. As such the Central Government has enacted a number of laws dealing with corruption and has also constituted the central vigilance commission.''
Quoting Kautilya, the author says: "Just as a fish moving deep under water cannot be possibly found out either as drinking or not drinking water, so government servants employed in government work may not be found out while taking the money for themselves. It is possible to ascertain the movement of birds flying high up in the sky but it is not possible to ascertain the movement of government servants or their hidden purposes, Kautilya, in his Arthashastra, further says just as it is impossible not to taste a drop of money or poison that is placed at the tip of the tongue, so it is rather impossible for the government servant not to eat up at least a bit of the king's revenue.''
The introductory paragraph gives out not only the facets of corruption but also the facets of vigilance. It also deals with functions and powers of the Central Vigilance Commission, constituted by recent Ordinance passed by the Government of India. The author takes us through the Central Vigilance Commission Ordinance 1999, its constitution, working, function and other features. According to the author, vigilance means watchfulness or to bring awareness. It is an integral part of all government institutions.
The consultation with the commission, according to the author, ensures that a public servant who is guilty will not escape punishment and no innocent public servant will be punished. It provides independent and unbiased advice after making the proper assessment of the cases. Also the functions of the commission are purely advisory. Final decision as to whether advice should be accepted or not rests with the competent authority. However whenever there is any departure from the commission's advice, the reasons for doing so should be promptly intimated to the commission. The proceedings will be reflected in the annual report of the commission.
Cases will be referred to the commission at the level of the CVO who is normally of the status of deputy secretary and above in respect of ministries and departments. The author, by giving out the full details of the functions of the commission, has helped the staff of the government commission attorneys and lay public.
Normally, according to the author, the commission's advice is required in all matters having a vigilance angle in which a public servant of the Central Government or the administration of a Union Territory or an employee of a public sector undertaking or a nationalised bank or an autonomous body or a registered society is involved. The author has categorised what is vigilance angle.
The role of the CVO has been succinctly explained. He is accountable to the secretary of the department and high-level officers of other institutions covered by the act. As prevention is better than cure, the commission has the power to call for reports, returns and statements from all ministerial departments, institutions categorised in the ordinance and the commission advises the ministry, based upon exigencies and circumstances. Lot of paper work is involved in maintaining registers as listed by the author.
The second chapter and chapter 24 of the book deal with the institution that has become very famous, indispensable and much sought after. When and how the CBI was set up, its composition, its powers and jurisdiction, are explained threadbare. Discussions on the above aspects reveal the deep study and pains taken by the author in disclosing to the readers the importance of the CBI. The features of the Prevention of Corruption Act have been furnished in this chapter. The strength, functions, jurisdiction and achievements of the chief technical examiners' organisation and that of the chief vigilance officers including their role and other aspects are given in chapter four. The chief vigilance officers are the eyes and ears of the Central Vigilance Commission. In fact a CVO is an extended arm of the commission, says the author.
Supported by case laws he gives a clear picture of as to what constitutes misconduct in chapter five. An exhaustive list is there. Further in the chapter captioned "Conduct rules — a comparative study'' he again deals with misconduct where cases of moral turpitude, sexual harassment, demonstration of strikes, criticisms of the government, gifts and acceptance of dowry are discussed in detail. Comparative study of misconduct by employees in government service, public sector institutions and banks, all about complaints, investigations, investigation techniques and disposals of complaints can be found in chapters six, seven and eight.
Chapter 11 deals with the action report of the inquiring authority. Delays in disposals of files are everywhere. How the delay occurs in this field and what dilatory tactics are adopted makes interesting reading. "Suspension is an administrative action. It is not a recognised penalty but it leaves a deep stigma on the government servant's entire service career, even though he may be exonerated afterwards. No show cause notice is necessary to make a speaking order'' so observed the Supreme Court in a case. A separate chapter has been assigned to explain how the CBI works to catch corrupt officials by laying traps. This chapter, apart from being interesting, is instructive to the staff of the persons involved in investigation of crimes. A separate chapter dealing with white-collar crimes discloses that it is the educated who commit more crimes in ingenuous manner. I will be failing in my duty if I do not refer to a case referred to by author. "Once a senior officer was approached by a contractor to show favour in the award of particular contract, in his favour, on consideration. His P.A. had shown the file to the contractor where the officer has written `approved'. The contractor was pleased that the work was got done with the fraction of the `settled amount.' The officer did not release the file, as the settled amount had not been paid. He called back the file and recorded `not approved'. The contractor again approached the officer with the plea that he had gone out of station, due to the death of his mother-in-law. When the amount was paid he (the officer) added one `e', `Note approved'. When that note sheet was tested in CSFL it could be easily proved that `Not' was added after wards, and `e' was entered subsequently, by ultra violent rays''.
Chapters 27 to 33 are additions to this edition of this book. Features of the Information Technology Act are given in chapter 28, which gives full details of cyber fraud and abuse. He says "Cyber space is regarded as lawless Wild West for investment swindlers.'' Instances of certain crimes are given.
The next chapter, "Computer fraud prevention and detection and Internet fraud how to avoid Internet scam" is very important which no reader can miss. Days are not far off as cyber crime will be the prime crime in our country. There are 103 appendices as against 65 in the previous edition. Though the author has captioned the book as "Facets of vigilance— prevention to prosecution'', it is an exhaustive study of the subject.
K. KRISHNAMURTHI
Send this article to Friends by
E-Mail
Book Review
|
