CVC Advice – CBI Investigation Cases
No.2019/V1/IRVM/1/2, dated 22.11.2019
Sub: CVC/CVO advice in vigilance and CBI cases.
It has come to notice of Railway Board vigilance that in a case pertaining to Regular Departmental Action (RDA) arising out of CBI investigation, Disciplinary Authority, without consulting CVC, exonerated the charged official. In disciplinary cases arising out of CBI/ Vigilance investigation, the DA before initiating action or passing the final orders of exoneration or penalty is expected to follow proper consultation procedures with UPSC/ CVC/ Vigilance as prescribed in IRVM-2018.
In such cases, first stage advice of CVC/ CVO shall be sought after conclusion of investigation and before issue of charge sheet. In cases where charge sheet has been issued on the basis of first state advice and if the disciplinary authority proposes to impose a penalty which is not in line with first stage advice then second stage advice shall be sought before taking final decision on conclusion of disciplinay proceedings. Further, there are certain provisions in IRVM-2018 to approach CVC/ CVO for reconsideration of its 1st stage or 2nd stage advice for one time at each stage when there are new facts which have been not considered earlier. In this regard, the provisions of para 319, 526, 527 & 528 of IRVM-2018 shall be referred. It may please be noted that any deviation from above consultation procedures stipulated in IRVM-2018 may be viewed adversely by CVC.
This issues with the approval of PED(Vig) & CVO of Ministry.
Download Railway Board Circular dated 22.11.2019
Forward reference ⇒ RBE No.