New Delhi, Sep 2 (PTI) The Central Vigilance Commission (CVC) has flagged 23 cases of "non-compliance" by government departments where its advice was substantially diluted in corruption cases, according to its latest annual report.

Of these cases, the highest, five, were by the Ministry of Railways and two each by National Highway Authority of India (NHAI), Mahanadi Coalfields Limited (MCL), and Energy Efficiency Service Limited (EESL), it said.

One case each was by Deendayal Port Authority (DPA), Bharat Sanchar Nigam Limited (BSNL), Airport Authority of India (AAI), IDBI Bank Ltd, and Indian Overseas Bank, among others.

The commission, in its annual report 2024, also cited one case each of non-compliance of its advice by the Central Board of Indirect Taxes and Customs (CBIC), Cotton Corporation of India (CCI), Mineral Exploration and Consultancy Ltd (MECL), Central Coalfields Limited (CCL), Border Roads Organisation (BRO), Prasar Bharati, and Jawahar Navodaya Vidyalaya.

Non-acceptance of the Commission's advice vitiates the vigilance process and weakens the impartiality of the vigilance administration, said the recently-released report of the probity watchdog.

The CVC, which exercises superintendence over the vigilance administration of the central government, its corporations, companies and societies, among others, tenders advice on vigilance matters.

The advice is tendered by the commission based on a reasoned appreciation of all facts, documents and records relating to a particular case, which are brought to its notice by the organisation concerned, the report said.

"Acceptance of the Commission's reasoned advice in an overwhelming majority of cases by the disciplinary authorities is an indication of the objectivity and fairness of the Commission's advice," it said.

However, in some cases of officers covered under the commission's jurisdiction, either the prescribed consultation mechanism with the commission was not adhered to, or the authorities concerned did not accept the commission's advice, the report said.

Further, there have been instances where the advice tendered by the commission has been "substantially diluted" without approaching it for reconsideration, as per extant procedure, it said, and cited 23 "important/significant cases of deviations from prescribed procedure or non-acceptance" of CVC's advice by ministries/organisations during the year 2024.

Giving details of cases of non-compliance of its advice by the railways, it said a hospital attendant at the sub-divisional railway hospital, New Jalpaiguri, Northeast Frontier Railway, was found to have demanded and accepted a bribe for conducting an ECG test of a shortlisted candidate of the Railway Recruitment Board.

The commission, in its First Stage Advice (FSA), advised initiation of major penalty proceedings against the hospital attendant.

"However, the disciplinary authority in an order dated June 20, 2023, dropped the charges against the charged official without consulting the Commission for Second Stage Advice (SSA)," the report said, adding that dropping of charges against the charged official is a deviation from the commission's advice.

The CVC cited another matter pertaining to the "submission of fake Bank Guarantee (BG) by a firm and delay in taking action on forfeiture of BGs and banning of the firm by officials of BSNL." The commission, FSA, had advised initiation of major penalty proceedings against the Joint General Manager of BSNL, among others.

The disciplinary authority in the matter of the then-Jt. GM had awarded a major penalty. However, the appellate authority, "exonerated the officer from all the charges leveled against him." "Exoneration of the official by the appellate authority is a deviation from the Commission's advice," the report said. PTI AKV VN VN

Non-compliance of vigilance advice weakens oversight as departmental decisions were diluted or ignored, undermining procedural consultation. The Commission recorded 23 instances where its reasoned vigilance advice was not accepted, the prescribed consultation mechanism was bypassed, or the advice was substantially diluted without seeking reconsideration. These cases, occurring across ministries and public sector organisations, include departures such as disciplinary authorities dropping charges without obtaining Second Stage Advice after the Commission's First Stage Advice, and appellate authorities exonerating officials contrary to Commission recommendations, thereby undermining procedural impartiality.