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VIGEYE VANI Quarterly Newsletter Central Vigilance Commission July to September 2015
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Page 1: vigeye vani - Central Vigilance Commission

VIGEYE VANIQuarterly Newsletter

Central Vigilance CommissionJuly to September 2015

Page 2: vigeye vani - Central Vigilance Commission

Message

I am happy to be a part of the efforts of the Central Vigilance Commission to connect with its stake

holders on the activities of the Commission through Vigeye.

In the past three months or so, the Commission has initiated several measures to emphasize on the

need for better preventive vigilance with a view to improve the efficiency of the organizations, avoid

complaints and enable delivery of efficient and better services to the citizens. These measures include a

request to the CVOs of various organizations to continuously review the existing processes to remove/de-

bottleneck the irritants to enable efficient delivery of services bringing in transparency etc. Several

suggestions received from the CVOs are under examination for systematic improvement. Some of these

suggestions have to be and have been implemented by the respective organizations by making changes

in the existing processes.

The Commission conducted certain studies of the work relating to vigilance and identified certain

areas wherein delays have rendered the entire investigation and inquiry into misconducts a virtual nullity.

Certain remedial measures, in particular, to expedite the handling of the complaint/inquiry processes

have been initiated.

The Commission has taken up the work relating to preventive vigilance in all earnestness and has in

fact made it a theme for this year’s Vigilance Awareness Week – “Preventive Vigilance as a Tool for Good

Governance”. The Commission has ambitious plans to take the topic of preventive vigilance as a

measure for effective and good governance to large cross section with the help of the CVOs. It is

proposed to take this message to a large number of students by approaching them through their

educational institutions by way of conducting debates, group discussions, lectures, oratory competitions,

etc. I am thankful to the CVOs for their response and I hope we will be in a position to make a substantial

mark in this regard.

The Commission has also for the first time producing certain TV episodes to be telecast with the

associations of various organizations based on real life issues relating to vigilance, integrity, tendering

process etc. I hope that these will be received well and will have the desired effect of improving

governance and reducing corruption. The Commission has been interacting with the CVOs through a

foray of review meetings, Annual Sectoral meetings, Vigilance Study Circles, etc. Similarly, the

Commission has been interacting with its own officers and staff in a more structured manner to bring the

best out of them.

With the involvement of the officers and staff of the Commission, CVOs and their organizations, I

am sure that we can take the preventive Vigilance and efficacy of the Punitive Vigilance to the next higher

level.

K.V. ChowdaryCentral Vigilance Commissioner

1

Shri T.M. Bhasin, VC, Shri Pratyush Sinha former CVC, Shri K.V Chowdary, CVC, Shri Rajiv, VC, and Shri D.K. Sarraf, CMD, ONGC (from right to left) at a seminar organized by Vigilance Study Circle -Delhi NCR

Shri K.V Chowdary, CVC (4th from left) at Vigilance Study Circle (Bengaluru Chapter)

Page 3: vigeye vani - Central Vigilance Commission

Message

I am happy to be a part of the efforts of the Central Vigilance Commission to connect with its stake

holders on the activities of the Commission through Vigeye.

In the past three months or so, the Commission has initiated several measures to emphasize on the

need for better preventive vigilance with a view to improve the efficiency of the organizations, avoid

complaints and enable delivery of efficient and better services to the citizens. These measures include a

request to the CVOs of various organizations to continuously review the existing processes to remove/de-

bottleneck the irritants to enable efficient delivery of services bringing in transparency etc. Several

suggestions received from the CVOs are under examination for systematic improvement. Some of these

suggestions have to be and have been implemented by the respective organizations by making changes

in the existing processes.

The Commission conducted certain studies of the work relating to vigilance and identified certain

areas wherein delays have rendered the entire investigation and inquiry into misconducts a virtual nullity.

Certain remedial measures, in particular, to expedite the handling of the complaint/inquiry processes

have been initiated.

The Commission has taken up the work relating to preventive vigilance in all earnestness and has in

fact made it a theme for this year’s Vigilance Awareness Week – “Preventive Vigilance as a Tool for Good

Governance”. The Commission has ambitious plans to take the topic of preventive vigilance as a

measure for effective and good governance to large cross section with the help of the CVOs. It is

proposed to take this message to a large number of students by approaching them through their

educational institutions by way of conducting debates, group discussions, lectures, oratory competitions,

etc. I am thankful to the CVOs for their response and I hope we will be in a position to make a substantial

mark in this regard.

The Commission has also for the first time producing certain TV episodes to be telecast with the

associations of various organizations based on real life issues relating to vigilance, integrity, tendering

process etc. I hope that these will be received well and will have the desired effect of improving

governance and reducing corruption. The Commission has been interacting with the CVOs through a

foray of review meetings, Annual Sectoral meetings, Vigilance Study Circles, etc. Similarly, the

Commission has been interacting with its own officers and staff in a more structured manner to bring the

best out of them.

With the involvement of the officers and staff of the Commission, CVOs and their organizations, I

am sure that we can take the preventive Vigilance and efficacy of the Punitive Vigilance to the next higher

level.

K.V. ChowdaryCentral Vigilance Commissioner

1

Shri T.M. Bhasin, VC, Shri Pratyush Sinha former CVC, Shri K.V Chowdary, CVC, Shri Rajiv, VC, and Shri D.K. Sarraf, CMD, ONGC (from right to left) at a seminar organized by Vigilance Study Circle -Delhi NCR

Shri K.V Chowdary, CVC (4th from left) at Vigilance Study Circle (Bengaluru Chapter)

Page 4: vigeye vani - Central Vigilance Commission

32

From the Editor's Desk

With a spate of Annual Sectoral Review meetings of the Commission with the Chief Vigilance Officers,

numerous initiatives towards preventive vigilance etc. last quarter has witnessed a lot of activity in the

Commission. This news letter brings you a brief overview of some of these.

That the Commission is laying stress on the efficacy of preventive vigilance was highlighted in our last

issue and taking this forward, this issue attempts to bring into focus an area which is highly vulnerable to

manipulation, collusion, and corruption i.e. the area of public procurement. Corruption in procurement

can take place at any stage in the process

Any effective preventive vigilance strategy has necessarily to ensure transparency, fairness, quality,

timeliness and value for money in the public procurement process. These ‘principles’ of public

procurement operate within the broader framework of the law, rules/guidelines/administrative

regulations and the principles of financial propriety. Transparency in public procurement is important as

information on the public procurement process must be made available to all stakeholders: contractors,

suppliers, service providers, and the public at large as it boosts stakeholder confidence and ensures

greater competition and value for money. Value for money underscores the principle of economy and the

need to efficiently manage public funds with care and due diligence so that prices are acceptable and

represent good value for the public funds expended on them. Fairness in the public procurement process

implies unbiased decision making, considering /rejecting offers on the basis of their compliance or

otherwise with the stipulations of the solicitation documents. Ensuring timeliness at every stage of the

procurement process is not only money saved but also reduces scope for wastage, manipulation and

collusive corruption. Over arching all these is the principle of integrity, of the procurement process and of

the persons involved in the process. The importance of efficient public procurement can be gauged from

the fact that it has an impact in almost all areas of our lives including national security, health, quality of

infrastructure and services etc. Efficient public procurement avoids mismanagement and waste of public

funds, maximizes public welfare by providing quality services and products, and spurs economic growth.

It is therefore an issue that concerns us all.

As always we invite you to share your experiences, case studies and system improvement initiatives with

everyone through this newsletter. The Editorial Board is grateful to those who have contributed articles for

this edition.

The Editorial Board would also like to place on record its appreciation for the contribution of Shri Prabhat

Kumar former CVO Pawan Hans, to Vigeye Vani, as a member of the Editorial Board.

Sonali Singh

Chief Editor

Real knowledge is to know the extent of one's ignorance.- Confucius

From the Archives

Source: “The Untiring Eye” published on the Golden Jubilee of CVC

“Setting up of the Commission”

Page 5: vigeye vani - Central Vigilance Commission

32

From the Editor's Desk

With a spate of Annual Sectoral Review meetings of the Commission with the Chief Vigilance Officers,

numerous initiatives towards preventive vigilance etc. last quarter has witnessed a lot of activity in the

Commission. This news letter brings you a brief overview of some of these.

That the Commission is laying stress on the efficacy of preventive vigilance was highlighted in our last

issue and taking this forward, this issue attempts to bring into focus an area which is highly vulnerable to

manipulation, collusion, and corruption i.e. the area of public procurement. Corruption in procurement

can take place at any stage in the process

Any effective preventive vigilance strategy has necessarily to ensure transparency, fairness, quality,

timeliness and value for money in the public procurement process. These ‘principles’ of public

procurement operate within the broader framework of the law, rules/guidelines/administrative

regulations and the principles of financial propriety. Transparency in public procurement is important as

information on the public procurement process must be made available to all stakeholders: contractors,

suppliers, service providers, and the public at large as it boosts stakeholder confidence and ensures

greater competition and value for money. Value for money underscores the principle of economy and the

need to efficiently manage public funds with care and due diligence so that prices are acceptable and

represent good value for the public funds expended on them. Fairness in the public procurement process

implies unbiased decision making, considering /rejecting offers on the basis of their compliance or

otherwise with the stipulations of the solicitation documents. Ensuring timeliness at every stage of the

procurement process is not only money saved but also reduces scope for wastage, manipulation and

collusive corruption. Over arching all these is the principle of integrity, of the procurement process and of

the persons involved in the process. The importance of efficient public procurement can be gauged from

the fact that it has an impact in almost all areas of our lives including national security, health, quality of

infrastructure and services etc. Efficient public procurement avoids mismanagement and waste of public

funds, maximizes public welfare by providing quality services and products, and spurs economic growth.

It is therefore an issue that concerns us all.

As always we invite you to share your experiences, case studies and system improvement initiatives with

everyone through this newsletter. The Editorial Board is grateful to those who have contributed articles for

this edition.

The Editorial Board would also like to place on record its appreciation for the contribution of Shri Prabhat

Kumar former CVO Pawan Hans, to Vigeye Vani, as a member of the Editorial Board.

Sonali Singh

Chief Editor

Real knowledge is to know the extent of one's ignorance.- Confucius

From the Archives

Source: “The Untiring Eye” published on the Golden Jubilee of CVC

“Setting up of the Commission”

Page 6: vigeye vani - Central Vigilance Commission

Breach of propriety in Public Procurement: Some case studies

The five canons of propriety in public procurement are Transparency, Fairness, Value for Money,

Timeliness and Quality. These canons of propriety are comprehensive as they cover the process

as well as the quality of procurement. Although there is no law exclusively governing public

procurement of goods, there are rules and guidelines to ensure adherence to canons of

propriety in public procurement. Detailed rules and instructions relating to procurement by

Union Government are contained in General Financial Rules (GFR) and Delegation of Financial

Powers Rules (DFPR) and in addition major Ministries have their own purchase procedures.

Guidelines have been issued by the Central Vigilance Commission to ensure transparency and

objectivity in public procurement.

The following two cases illustrate how the canons of propriety in public procurement had been

flouted by public authorities. Vigilance angle is obvious if there is a deliberate violation of canons

of propriety.

CASE-I

The Vigilance Wing of a major Ministry of the Union Government unearthed large scale

irregularities in the procurement of items in the depot. The irregularities in brief were as follow:

(i) Indenting simple Stock items under disguised Non-stock description: While

generating the requisitions, the concerned indenting officials camouflaged the description

of simple ready to use items in high sounding, technologically complex jargon with inflated

rates. For example, one of these items was a simple “Push Button Telephone” which is a

regular stock item of Stores Depot with well known pricing history maintained in the Stores

office. This item had been describes as “digital point to point communication system” in the

non-stock requisition with an estimated rate which was much higher compared to the stock

item purchase rate.

(ii) Recommending bogus and unworthy sources of supply for procurement: While

sending these non-stock indents to the Store Office, the indenting officials had endorsed

bogus and non-existent firms as “credible source of supply” although the indenting unit

was located at a place where dozens of the credible suppliers /agents were known to be

located. During Vigilance Investigation, when postal communication with these suppliers

were attempted, most of the letters returned to Vigilance as “undelivered” proving that the

recommended sources were not only unworthy but even bogus in nature.

(iii) Making local purchases of materials at exorbitant rates: During preventive check,

Vigilance had unearthed several cases of irregular procurement wherein the Stores Offices

had failed to exercise basic prudence and propriety during the purchase process. In 8 cases

that were checked and analyzed, the concerned Stores Officers had accepted the offer of

Asit Gopal

Director, CVC

4

the lowest Suppliers in 7 cases without verifying the “Reasonableness of rate” from the

indenting Department as is required to be done in accordance with extant rules.

(iv) Certifying bills over and above the Maximum Retail Price (MRP) of the product:

During checks conducted by Vigilance, it was revealed that in all cases, the MRP of the

material was far less than the rate mentioned on the Purchase Orders. As per extant

procedure it was the duty of the Consignee to check the items vis-a-vis the information

contained in the purchase order, a copy of which was already in their possession. It was the

duty of the consignee and other indenting officers to release bills only after exercising such

check.

The above case is not an example of error committed during procurement due to lack of

awareness of rules and guidelines, it is a case of conspiracy to cheat the Government. The

irregularities had been committed in a well planned manner right from the pre-tender

stage to the execution including payment. In this case all the canons of propriety except

timeliness had been flouted. Timeliness is important for committing a fraud! Needless to

say, the Central Vigilance Commission advised initiation of major penalty proceedings

against the conspirators.

CASE-II

A tender had been invited for construction of minor bridges. The tender conditions allowed

participation of group of companies by way of forming a Joint Venture (JV). Six tenders were

received and the tender was awarded to L-4 bidder after rejecting the bids of L-1, L-2 and L-3

bidders. The rates quoted by L-1 bidder and L-4 bidder were Rs. 25 crores and Rs. 29 crores

respectively. L-1 bidder complained that its bid had been wrongfully rejected to favour L-4

bidder.

The tender condition specified that one company cannot be a partner in JV in more than one

bidding JVs. It was revealed that one company was partner in L-2 as well as L-3 JV and therefore,

the bids of L-2 and L-3 were justifiably rejected. However, in the case of L-1 bidder, it appeared

that the Tender Committee had made up its mind to reject the bid and were only looking for

some excuse to justify rejection. The tender document had specified a format for signing of

Memorandum of Understanding (MOU) among partners of JVs. The bid of L-1 was rejected on

the ground that MOU was not in the specified format mentioned in the tender document. The

Tender Committee had also obtained the opinion of the Law Officer of the Organization to

support the rejection. The Vigilance Wing of the Organization had supported the stand of the

Tender Committee and had recommended no action against them. However, the perusal of the

case revealed that the MOU was in the specified format, the Tender Committee had picked up

some typographical errors and minor difference between the address of one partner as

mentioned on the first page and the last page of MOU to reject the bid. The typographical errors

did not alter the intent of the MOU. The basic intention of the MOU was to ensure that the

shareholding pattern of JV is not altered later. The Tender Committee had interpreted the tender

conditions in the strictest possible form to reject the L-1 bid.

The Central Vigilance Commission differed with the recommendation of the Department and

advised initiation of major penalty proceedings against the members of the Tender Committee

because their malafide was evident due to deliberate violation of two canons of propriety –

fairness and value for money.

5

Page 7: vigeye vani - Central Vigilance Commission

Breach of propriety in Public Procurement: Some case studies

The five canons of propriety in public procurement are Transparency, Fairness, Value for Money,

Timeliness and Quality. These canons of propriety are comprehensive as they cover the process

as well as the quality of procurement. Although there is no law exclusively governing public

procurement of goods, there are rules and guidelines to ensure adherence to canons of

propriety in public procurement. Detailed rules and instructions relating to procurement by

Union Government are contained in General Financial Rules (GFR) and Delegation of Financial

Powers Rules (DFPR) and in addition major Ministries have their own purchase procedures.

Guidelines have been issued by the Central Vigilance Commission to ensure transparency and

objectivity in public procurement.

The following two cases illustrate how the canons of propriety in public procurement had been

flouted by public authorities. Vigilance angle is obvious if there is a deliberate violation of canons

of propriety.

CASE-I

The Vigilance Wing of a major Ministry of the Union Government unearthed large scale

irregularities in the procurement of items in the depot. The irregularities in brief were as follow:

(i) Indenting simple Stock items under disguised Non-stock description: While

generating the requisitions, the concerned indenting officials camouflaged the description

of simple ready to use items in high sounding, technologically complex jargon with inflated

rates. For example, one of these items was a simple “Push Button Telephone” which is a

regular stock item of Stores Depot with well known pricing history maintained in the Stores

office. This item had been describes as “digital point to point communication system” in the

non-stock requisition with an estimated rate which was much higher compared to the stock

item purchase rate.

(ii) Recommending bogus and unworthy sources of supply for procurement: While

sending these non-stock indents to the Store Office, the indenting officials had endorsed

bogus and non-existent firms as “credible source of supply” although the indenting unit

was located at a place where dozens of the credible suppliers /agents were known to be

located. During Vigilance Investigation, when postal communication with these suppliers

were attempted, most of the letters returned to Vigilance as “undelivered” proving that the

recommended sources were not only unworthy but even bogus in nature.

(iii) Making local purchases of materials at exorbitant rates: During preventive check,

Vigilance had unearthed several cases of irregular procurement wherein the Stores Offices

had failed to exercise basic prudence and propriety during the purchase process. In 8 cases

that were checked and analyzed, the concerned Stores Officers had accepted the offer of

Asit Gopal

Director, CVC

4

the lowest Suppliers in 7 cases without verifying the “Reasonableness of rate” from the

indenting Department as is required to be done in accordance with extant rules.

(iv) Certifying bills over and above the Maximum Retail Price (MRP) of the product:

During checks conducted by Vigilance, it was revealed that in all cases, the MRP of the

material was far less than the rate mentioned on the Purchase Orders. As per extant

procedure it was the duty of the Consignee to check the items vis-a-vis the information

contained in the purchase order, a copy of which was already in their possession. It was the

duty of the consignee and other indenting officers to release bills only after exercising such

check.

The above case is not an example of error committed during procurement due to lack of

awareness of rules and guidelines, it is a case of conspiracy to cheat the Government. The

irregularities had been committed in a well planned manner right from the pre-tender

stage to the execution including payment. In this case all the canons of propriety except

timeliness had been flouted. Timeliness is important for committing a fraud! Needless to

say, the Central Vigilance Commission advised initiation of major penalty proceedings

against the conspirators.

CASE-II

A tender had been invited for construction of minor bridges. The tender conditions allowed

participation of group of companies by way of forming a Joint Venture (JV). Six tenders were

received and the tender was awarded to L-4 bidder after rejecting the bids of L-1, L-2 and L-3

bidders. The rates quoted by L-1 bidder and L-4 bidder were Rs. 25 crores and Rs. 29 crores

respectively. L-1 bidder complained that its bid had been wrongfully rejected to favour L-4

bidder.

The tender condition specified that one company cannot be a partner in JV in more than one

bidding JVs. It was revealed that one company was partner in L-2 as well as L-3 JV and therefore,

the bids of L-2 and L-3 were justifiably rejected. However, in the case of L-1 bidder, it appeared

that the Tender Committee had made up its mind to reject the bid and were only looking for

some excuse to justify rejection. The tender document had specified a format for signing of

Memorandum of Understanding (MOU) among partners of JVs. The bid of L-1 was rejected on

the ground that MOU was not in the specified format mentioned in the tender document. The

Tender Committee had also obtained the opinion of the Law Officer of the Organization to

support the rejection. The Vigilance Wing of the Organization had supported the stand of the

Tender Committee and had recommended no action against them. However, the perusal of the

case revealed that the MOU was in the specified format, the Tender Committee had picked up

some typographical errors and minor difference between the address of one partner as

mentioned on the first page and the last page of MOU to reject the bid. The typographical errors

did not alter the intent of the MOU. The basic intention of the MOU was to ensure that the

shareholding pattern of JV is not altered later. The Tender Committee had interpreted the tender

conditions in the strictest possible form to reject the L-1 bid.

The Central Vigilance Commission differed with the recommendation of the Department and

advised initiation of major penalty proceedings against the members of the Tender Committee

because their malafide was evident due to deliberate violation of two canons of propriety –

fairness and value for money.

5

Page 8: vigeye vani - Central Vigilance Commission

Conclusion

The two cases are in contrast as in the first the malafide is obvious right from the beginning but in

the second case it is veiled. In the second case, the Commission differed from the views of the

Department because the ground of rejection of L1 was not convincing. The opinion of the Law

Officer was also not categorical. It stated that although tender conditions have been violated, the

Tender Committee may take a final view considering the overall interest of the Department. This

suggested that there was scope for accepting L-1 tender and further, considering the substantial

difference in the quotes of L-1 and L-4 bidders, the option of discharging the tender was also

available before the Tender Committee. The overall conduct of the Tender Committee gave rise

to reasonable doubt that they had not acted in a fair manner. A decision based on keeping in

view all the five canons of propriety in public procurement can never go wrong.

6 7

Information and Communication Technology – An Endogenous Element to Reduce Corruption

Transparency International (TI) defines corruption as the abuse of entrusted power for personal

gain or specific group interest. The United Nations points out that corruption can take many

forms that vary in degree, from the minor use of influence to institutionalized bribery, and that

“this can mean not only financial gain but also non-financial advantages” (UN, 2010).One of

the ways to tackle corruption is the use of Information and Communication Technology

appropriately (ICT).

ICT can be defined as technologies that enable recording, processing, retrieving and the

transmission of information or data. Herselman and Hay, describe ICT as technologies that

support the communication and co-operation of “human beings and their organizations” and

the “creation and exchange of knowledge”.

There are several ways in which ICT can contribute positively to changes regarding these factors.

Information Communication Technology can reduce corruption in the public service by

increasing transparency and accountability. Let us discuss some of the points related to this:

Monopolies

Using electronic services also means introducing competition by providing alternative delivery

channels. This way user can choose to avoid agents who are corrupt. The very process of

building an on-line delivery system requires that rules and procedures are standardized across

regions and made explicit so as to make them amenable for coding which reduces the discretion

on part of civil servants and increases the auditability of operations. This means that e-

Governance itself can be used as a starting point for reengineering processes and making them

less corruption prone.

Discretion

The very idea of electronic services is that the user interacts with an electronic system where rules

are strictly specified, rather than with an individual. While the main reason for electronic services

is typically related to cost savings, clearly automation removes the possibility of the individual

acting on personal discretion. The client interacts directly with the principal, rules are followed

without discretion. Wherever the user has direct access to an electronic service, the opportunity

to refuse a service unless paid for, is removed.

Er. Satish Kumar

Superintending Engineer( Rtd),

Government of Bihar

Nitish Kumar

Director, CVC

No legacy is as rich as honesty.- William Shakespeare

Page 9: vigeye vani - Central Vigilance Commission

Conclusion

The two cases are in contrast as in the first the malafide is obvious right from the beginning but in

the second case it is veiled. In the second case, the Commission differed from the views of the

Department because the ground of rejection of L1 was not convincing. The opinion of the Law

Officer was also not categorical. It stated that although tender conditions have been violated, the

Tender Committee may take a final view considering the overall interest of the Department. This

suggested that there was scope for accepting L-1 tender and further, considering the substantial

difference in the quotes of L-1 and L-4 bidders, the option of discharging the tender was also

available before the Tender Committee. The overall conduct of the Tender Committee gave rise

to reasonable doubt that they had not acted in a fair manner. A decision based on keeping in

view all the five canons of propriety in public procurement can never go wrong.

6 7

Information and Communication Technology – An Endogenous Element to Reduce Corruption

Transparency International (TI) defines corruption as the abuse of entrusted power for personal

gain or specific group interest. The United Nations points out that corruption can take many

forms that vary in degree, from the minor use of influence to institutionalized bribery, and that

“this can mean not only financial gain but also non-financial advantages” (UN, 2010).One of

the ways to tackle corruption is the use of Information and Communication Technology

appropriately (ICT).

ICT can be defined as technologies that enable recording, processing, retrieving and the

transmission of information or data. Herselman and Hay, describe ICT as technologies that

support the communication and co-operation of “human beings and their organizations” and

the “creation and exchange of knowledge”.

There are several ways in which ICT can contribute positively to changes regarding these factors.

Information Communication Technology can reduce corruption in the public service by

increasing transparency and accountability. Let us discuss some of the points related to this:

Monopolies

Using electronic services also means introducing competition by providing alternative delivery

channels. This way user can choose to avoid agents who are corrupt. The very process of

building an on-line delivery system requires that rules and procedures are standardized across

regions and made explicit so as to make them amenable for coding which reduces the discretion

on part of civil servants and increases the auditability of operations. This means that e-

Governance itself can be used as a starting point for reengineering processes and making them

less corruption prone.

Discretion

The very idea of electronic services is that the user interacts with an electronic system where rules

are strictly specified, rather than with an individual. While the main reason for electronic services

is typically related to cost savings, clearly automation removes the possibility of the individual

acting on personal discretion. The client interacts directly with the principal, rules are followed

without discretion. Wherever the user has direct access to an electronic service, the opportunity

to refuse a service unless paid for, is removed.

Er. Satish Kumar

Superintending Engineer( Rtd),

Government of Bihar

Nitish Kumar

Director, CVC

No legacy is as rich as honesty.- William Shakespeare

Page 10: vigeye vani - Central Vigilance Commission

8 9

Accountability

Accountability refers to the “service guarantee” of a government or agency; the extent to which

its actions are accounted for and corrected if not carried out correctly. Information can be

published online, processes and decisions can be traced for audit and analysis, and there can be

rules for compensation. It requires openness of processes, access by the public, transparency of

rules, processes for complaints handling, etc. There are studies showing that the greater the

access to information, the lower the corruption levels.

Modern ICT platforms can offer participants’ voice and connectivity, which has empowered

many previously marginalized parts of society. Civil Society Organizations (CSOs) and

governments have played a key part in experimenting with ICTs to strengthen networks and

access to information, affecting positively the delivery of public service and good governance.

There are numerous ICT tools that can be used during various phases of combating corruption,

including prevention, detection, analysis, and corrective action. Some of them are presented in

table below:

TABLE : ICT TOOLS TO COMBAT CORRUPTION

DISCUSSION AND CONCLUSION

There is ample evidence that ICT can be an effective tool to combat corruption. The potential of

ICT can, however, only be realized when it is combined with real administrative reforms. One of

the positive findings is that ICT also drives such reform. At last:

(a) More e-Governance is better; the more services online in a country, lesser the corruption.

The effect is considerable.

(b) ICT has a greater positive effect than the traditional anti-corruption factors (e.g.

administrative reform without the development of technological support systems, free

press).

(c) Increased social capital (stronger social bonds) reduces corruption.

(d) Several individual ICT projects are not successful, however the overall balance is positive –

ICT investment in e-Governance pays off in terms of reduced corruption.

Action type Logic to achieve benefits Main target ICT used

Automation Remove human agents and hence corruption opportunities everyday from operations operations

Transparency Remove opportunity for Mobilize the public, Web sites wherediscretion inform users information is

published. Manualor automatic input

Detection in Both details and aggregates Petty bribery as well Log analysis tools,operations from operations can be as large-scale standard as well as

monitored to detect anomalies operations specifically targetedand unexpected performance ones such as Control

functions inprocurementsystems.

Preventive Online social networks and Large – scale Social networkdetection individuals can be monitored corruption, e.g. in analysis and social

to detect preparations for procurement or media analysis tools.corrupt action international trade

Awareness If the public is aware of Petty bribery Any technology, butraising government rules and web sites are most

procedures they are better commonable to resist arbitrary treatment

Petty bribery in Any system

Reporting Mobilizing users/community to report cases will make it media networks, easier to take corrective action Large-scale online newspapers, towards individuals and to operations mobile phones, SMS reorganize systems to avoid for input“loopholes”

Deterrence Publishing information about Petty bribery Web sites, social reported corruption as well as media networksindicators (such as imbalance between income and property) will deter individuals from engaging in corruption.

Promoting Engaging the public by means Public attitude Social media forumsethical of pursuing discussions in change attitudes various online forums

Petty bribery Web sites, social

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8 9

Accountability

Accountability refers to the “service guarantee” of a government or agency; the extent to which

its actions are accounted for and corrected if not carried out correctly. Information can be

published online, processes and decisions can be traced for audit and analysis, and there can be

rules for compensation. It requires openness of processes, access by the public, transparency of

rules, processes for complaints handling, etc. There are studies showing that the greater the

access to information, the lower the corruption levels.

Modern ICT platforms can offer participants’ voice and connectivity, which has empowered

many previously marginalized parts of society. Civil Society Organizations (CSOs) and

governments have played a key part in experimenting with ICTs to strengthen networks and

access to information, affecting positively the delivery of public service and good governance.

There are numerous ICT tools that can be used during various phases of combating corruption,

including prevention, detection, analysis, and corrective action. Some of them are presented in

table below:

TABLE : ICT TOOLS TO COMBAT CORRUPTION

DISCUSSION AND CONCLUSION

There is ample evidence that ICT can be an effective tool to combat corruption. The potential of

ICT can, however, only be realized when it is combined with real administrative reforms. One of

the positive findings is that ICT also drives such reform. At last:

(a) More e-Governance is better; the more services online in a country, lesser the corruption.

The effect is considerable.

(b) ICT has a greater positive effect than the traditional anti-corruption factors (e.g.

administrative reform without the development of technological support systems, free

press).

(c) Increased social capital (stronger social bonds) reduces corruption.

(d) Several individual ICT projects are not successful, however the overall balance is positive –

ICT investment in e-Governance pays off in terms of reduced corruption.

Action type Logic to achieve benefits Main target ICT used

Automation Remove human agents and hence corruption opportunities everyday from operations operations

Transparency Remove opportunity for Mobilize the public, Web sites wherediscretion inform users information is

published. Manualor automatic input

Detection in Both details and aggregates Petty bribery as well Log analysis tools,operations from operations can be as large-scale standard as well as

monitored to detect anomalies operations specifically targetedand unexpected performance ones such as Control

functions inprocurementsystems.

Preventive Online social networks and Large – scale Social networkdetection individuals can be monitored corruption, e.g. in analysis and social

to detect preparations for procurement or media analysis tools.corrupt action international trade

Awareness If the public is aware of Petty bribery Any technology, butraising government rules and web sites are most

procedures they are better commonable to resist arbitrary treatment

Petty bribery in Any system

Reporting Mobilizing users/community to report cases will make it media networks, easier to take corrective action Large-scale online newspapers, towards individuals and to operations mobile phones, SMS reorganize systems to avoid for input“loopholes”

Deterrence Publishing information about Petty bribery Web sites, social reported corruption as well as media networksindicators (such as imbalance between income and property) will deter individuals from engaging in corruption.

Promoting Engaging the public by means Public attitude Social media forumsethical of pursuing discussions in change attitudes various online forums

Petty bribery Web sites, social

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Hkz"Vkpkj % dkj.k ,oa fuokj.k

Hkkjr fo”o dk lcls cM+k yksdra= gS vkSj izxfr”khy ns”kksa esa yksdra= dh lQyrk dk lcls cM+k mnkgj.k gSA gekjs lafo/kku us ,d Lora= vkSj lfØ; U;k;ikfydk LFkkfir dh gS rFkk ehfM;k dh Lora=rk Hkh lqfuf”pr dh gSA gekjs ns”k dk lafo/kku fo”o ds loksZRre lafo/kkuksa esa ls ,d gS fQj Hkh vQlksl bl ckr dk gS fd gekjk LFkku fo”o ds lcls de Hkz’V ns”kksa esa 85 ok¡ gSA vk, fnu dksbZ&u&dksbZ cM+k ?kksVkyk mtkxj gksrk jgrk gS] ftlesa gekjs ofj’B jktuhfrK ,oa ukSdj”kkg lafyIr gksrs gSaA

Hkz’Vkpkj lkekU;r% nks rjg dk gksrk gS& mRihM+d ,oa diViw.kZA mRihM+d Hkz’Vkpkj oSlk Hkz’Vkpkj gS ftlesa Hkz’V vf/kdkjh ;k jktusrk ,d lgh dke ds fy, Hkh vke turk dks fj”or nsus ds fy, etcwj djrk gS ;k viuh rkdr dk Hk; fn[kkdj tcju olwyh djras gSaA bl rjg ds Hkz’Vkpkj dk mnkgj.k izek.k&i= cukus gsrq fj”or dh ekax] iqfyl }kjk fdlh izdj.k esa funksZ’k O;fDr dks vkjksih u cuk;s tkus gsrq olwyh fd;k tkuk gSA ,sls Hkz’Vkpkj ls vke turk =Lr gksrh gS rFkk mUgsa ckj&ckj izrkfM+r gksuk iM+rk gSA diViw.kZ Hkz’Vkpkj esa fj”or ysus okys rFkk fj”or nsus okys] nksuksa dh feyhHkxr gksrh gSA ,sls Hkz’Vkpkj esa fj”or ysus okyk rFkk fj”or nsus okyk nksuksa gh Qk;ns esa jgrs gSa] uqdlku ljdkj rFkk vke turk dk gksrk gSA diViw.kZ Hkz’Vkpkj mRihM+d Hkz’Vkpkj ls de la[;k esa gksrs gSa ijUrq budk iSekuk cM+k gksrk gSA ,sls Hkz’Vkpkj ls vke turk lkekU;r% vufHkK jgrh gS tc rd ;g fdlh ds }kjk mtkxj ugha fd;k tkrk gSA diViw.kZ Hkz’Vkpkj ls vke turk izR;{k :i ls izrkfM+r ugha gksrh gS ijUrq bldk nq’ifj.kke mUgsa gh Hkqxruk iM+rk gSA

Hkz’Vkpkj ds dbZ dkj.k fxuk,a tkrs gSa tSls& tfVy fu;e&dkuwu tks ,d vklku dke dks Hkh my>k nsrs gSa] Hkz’Vkpkj ds fo#) l[r dkuwu dh deh] lsokvksa dh miyC/krk de rFkk ekax T;knk] vke turk ds chp tkx:drk dh deh] iz”kklu esa ikjnf”kZrk dk vHkko] ykyp bR;kfnA vuqHko ;g crkrk gS fd Hkz’Vkpkj esa “kkfey yksx ,d nwljs ds cpko esa ,dtqV gks tkrs gSa tcfd Hkz’Vkpkj ls ihfM+r yksx buds fo:) laxfBr ugha gks ikrs gSaA dbZ ckj ,d bZekunkj O;fDr Hkh NksVs ykHk ds fy, Hkz’Vkpkj esa lg;ksxh cu tkrk gS tSls& ;krk;kr fu;eksa dk mYy?kau gks tkus rFkk idM+s tkus ij tqekZuk nsus ds ctk; og iqfyldehZ dks iSls nsdj tqekZus ls cpuk pkgrk gSA

Hkz’Vkpkj ds c<+us dk lcls cM+k dkj.k uSfrd ewY;ksa dk gkzl gSA Hkz’Vkpkj gekjs lekt esa igys Hkh Fkk ijUrq yksxksa eas yksdykt Fkk] idM+s tkus ij Hkz’Vkpkjh lekt esa flj mBkdj ugha th ikrk FkkA vc fLFkfr ;g gS fd Hkz’Vkpkjh idM+s tkus ij Hkh “keZ eglwl ugha djrk gS rFkk ;g dgdj fd Hkz’Vkpkj esa rks lHkh fyIr gSa] vius dqdeZ dks lgh Bgjkus dh dksf”k”k djrk gSA lekt Hkh ,sls yksxksa dk vc cfg’dkj ugha djrk gSA bl rjg dh lksp gekjs uSfrd ewY;ksa ds gkzl dk ifj.kke gSA uSfrd ewY;ksa ds gkzl dk dkj.k yksxksa dh lQyrk dk vkdyu flQZ muds /ku ls djuk] lQyrk ds fy, dksbZ Hkh

jkLrk viukus dks rS;kj jguk] mHkjrk O;fDrokn] f”k{kk Kku ugha cfYd /ku dekus dk lk/ku cuuk] vlfg’.kqrk bR;kfn gSaA

dbZ ckj gekjs lkeus nqfo/kkiw.kZ fLFkfr fufeZr gks tkrh gS tSls& nksLr@fj”rsnkj dks cpk ysuk ;k U;k; dk lkFk nsuk] vijk/kh }kjk vius ifjokj dh [kjkc gkykr dk gokyk nsdj n;k dh Hkh[k ekaxuk bR;kfnA ,slh fLFkfr esa dBksj gksuk gh lgh fu.Zk; gksrk gSA

gekjs ns”k esa c<+rs ?kksVkyksa dks ns[kdj fujk”kk dh fLFkfr mRiUu ugha gksuh pkfg,A ?kksVkyksa dk mtkxj gksus ls ;g rks fl) gksrk gh gS fd gekjh dqN laLFkk;sa lgh dk;Z dj jgh gSa ojuk ;s ?kksVkys Hkh Qkbyksa esa ncs jg tkrsA foxr dqN o’kksZa esa Hkz’Vkpkj ds fo:) tkx:drk dkQh c<+h gS rFkk ljdkj us Hkh Hkz’Vkpkj ij yxke dlus ds fy, dbZ mik; fd, gSaA lwpuk dk vf/kdkj vf/kfu;e ykxw gksus ls iz”kklu esa ikjnf”kZrk dks c<+kok feyk gSA flVhtu pkVZj ds rgr lsok,a iznku djus ds fy, Hkh le;&lhek fu/kkZfjr dh xbZ gSA iz”kklu esa rduhdh rFkk izkS|ksfxdh ds mi;ksx ds pyrs Hkh Hkz’Vkpkj de gqvk gSA vkt ge vius vk;dj dk fjVuZ dEI;wVj ls Lo;a nkf[ky dj nsrs gSa vkSj blds fy, gesa vk;dj vkfQl ds pDdj yxkus ugha iM+rs gSaA igys ukSdjh dk vkosnu&i= izkIr djus ds fy, Hkh dk;kZy;ksa ds pDdj yxkus iM+rs Fks rFkk lacaf/kr ckcw blds fy, vyx ls iSls Hkh ys fy;k djrs Fks tcfd vc ge vkosnu&i= lh/ks baVjusV ls MkmuyksM dj ysrs gSaA

Hkz’Vkpkj ds fuokj.k ds fy, n.M dk Hk; rks t:jh gS gh ijUrq lkFk esa ,slh O;oLFkk fufeZr djus dh t:jr gS fd Hkz’Vkpkj ds volj gh mRiUu u gkasA lrdZrk nks rjg dh gksrh gS& n.MkRed ,oa fuokjdA n.MkRed lrdZrk ls Hkz’Vkpkj ij T;knk vaadq”k ugha yx ik;k gS D;ksafd T;knkrj Hkz’Vkpkj mtkxj ugha gks ikrs rFkk mtkxj gksus ij Hkh izek.k ds vHkko esa Hkz’Vkpkjh NwV tkrk gSA vr% dsUnzh; lrdZrk vk;ksx }kjk vc fuokjd lrdZrk ij T;knk cy fn;k tk jgk gSA fuokjd lrdZrk dk mn~ns”; ,slh O;oLFkk dk;e djuk gS fd dksbZ O;fDr Hkz’Vkpkj dj gh uk ik;sA fu;eksa dk ljyhdj.k] izR;sd Lrj ij mRrjnkf;Ro dk fu/kkZj.k] dk;ksZa ds laiknu gsrq le;&lhek dk fu/kkZj.k] dk;ksaZ esa ikjnf”kZrk rFkk rduhdh ,oa izkS|ksfxdh dk T;knk&ls&T;knk mi;ksx dj vke turk dk dk;kZy;ksa esa tkus dh vko”;drk gh u gksuk rFkk fu;eksa ls vyx gVdj dk;Z djuk laHko gh u gks ikuk bR;kfn fuokjd lrdZrk ds mik; gSaA

Hkz’Vkpkj ds fuokj.k gsrq lekt esa uSfrd ewY;ksa dks iqu% LFkkfir djuk vR;Ur vko”;d gSA blds fy, gesa viuh f”k{kk i)fr esa lq/kkj ykuk gksxk rFkk Ldwyksa ds ikB~;Øe esa lnkpkj ,oa uSfrdrk ds egRo dks “kkfey djuk gksxkA bldk gesa rqjar dksbZ ifj.kke ugha feysxk ijUrq vkus okys le; esa bldk nh?kZdkfyd ykHk gksxkA vc gekjs ns”k esa Hkz’Vkpkj ds fo:) tkx:drk c<+h gS ftldk lh/kk ladsr Vªkalijsalh baVjus”kuy }kjk tkjh lwph esa bl o’kZ gekjk LFkku fiNys o’kZ dh rqyuk esa csgrj gksuk gSA ijUrq geas Hkz’Vkpkj fuokj.k ds fy, vHkh vkSj iz;kl djuk gS rkfd gekjh fxurh vkus okys le; esa MsuekdZ] U;wthyS.M tSls lcls de Hkz’Vkpkj okys ns”kksa ds lkFk gksA

ujsUnz dkSjfuth lfpo

dsUnzh; lrdZrk vk;ksx

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Hkz"Vkpkj % dkj.k ,oa fuokj.k

Hkkjr fo”o dk lcls cM+k yksdra= gS vkSj izxfr”khy ns”kksa esa yksdra= dh lQyrk dk lcls cM+k mnkgj.k gSA gekjs lafo/kku us ,d Lora= vkSj lfØ; U;k;ikfydk LFkkfir dh gS rFkk ehfM;k dh Lora=rk Hkh lqfuf”pr dh gSA gekjs ns”k dk lafo/kku fo”o ds loksZRre lafo/kkuksa esa ls ,d gS fQj Hkh vQlksl bl ckr dk gS fd gekjk LFkku fo”o ds lcls de Hkz’V ns”kksa esa 85 ok¡ gSA vk, fnu dksbZ&u&dksbZ cM+k ?kksVkyk mtkxj gksrk jgrk gS] ftlesa gekjs ofj’B jktuhfrK ,oa ukSdj”kkg lafyIr gksrs gSaA

Hkz’Vkpkj lkekU;r% nks rjg dk gksrk gS& mRihM+d ,oa diViw.kZA mRihM+d Hkz’Vkpkj oSlk Hkz’Vkpkj gS ftlesa Hkz’V vf/kdkjh ;k jktusrk ,d lgh dke ds fy, Hkh vke turk dks fj”or nsus ds fy, etcwj djrk gS ;k viuh rkdr dk Hk; fn[kkdj tcju olwyh djras gSaA bl rjg ds Hkz’Vkpkj dk mnkgj.k izek.k&i= cukus gsrq fj”or dh ekax] iqfyl }kjk fdlh izdj.k esa funksZ’k O;fDr dks vkjksih u cuk;s tkus gsrq olwyh fd;k tkuk gSA ,sls Hkz’Vkpkj ls vke turk =Lr gksrh gS rFkk mUgsa ckj&ckj izrkfM+r gksuk iM+rk gSA diViw.kZ Hkz’Vkpkj esa fj”or ysus okys rFkk fj”or nsus okys] nksuksa dh feyhHkxr gksrh gSA ,sls Hkz’Vkpkj esa fj”or ysus okyk rFkk fj”or nsus okyk nksuksa gh Qk;ns esa jgrs gSa] uqdlku ljdkj rFkk vke turk dk gksrk gSA diViw.kZ Hkz’Vkpkj mRihM+d Hkz’Vkpkj ls de la[;k esa gksrs gSa ijUrq budk iSekuk cM+k gksrk gSA ,sls Hkz’Vkpkj ls vke turk lkekU;r% vufHkK jgrh gS tc rd ;g fdlh ds }kjk mtkxj ugha fd;k tkrk gSA diViw.kZ Hkz’Vkpkj ls vke turk izR;{k :i ls izrkfM+r ugha gksrh gS ijUrq bldk nq’ifj.kke mUgsa gh Hkqxruk iM+rk gSA

Hkz’Vkpkj ds dbZ dkj.k fxuk,a tkrs gSa tSls& tfVy fu;e&dkuwu tks ,d vklku dke dks Hkh my>k nsrs gSa] Hkz’Vkpkj ds fo#) l[r dkuwu dh deh] lsokvksa dh miyC/krk de rFkk ekax T;knk] vke turk ds chp tkx:drk dh deh] iz”kklu esa ikjnf”kZrk dk vHkko] ykyp bR;kfnA vuqHko ;g crkrk gS fd Hkz’Vkpkj esa “kkfey yksx ,d nwljs ds cpko esa ,dtqV gks tkrs gSa tcfd Hkz’Vkpkj ls ihfM+r yksx buds fo:) laxfBr ugha gks ikrs gSaA dbZ ckj ,d bZekunkj O;fDr Hkh NksVs ykHk ds fy, Hkz’Vkpkj esa lg;ksxh cu tkrk gS tSls& ;krk;kr fu;eksa dk mYy?kau gks tkus rFkk idM+s tkus ij tqekZuk nsus ds ctk; og iqfyldehZ dks iSls nsdj tqekZus ls cpuk pkgrk gSA

Hkz’Vkpkj ds c<+us dk lcls cM+k dkj.k uSfrd ewY;ksa dk gkzl gSA Hkz’Vkpkj gekjs lekt esa igys Hkh Fkk ijUrq yksxksa eas yksdykt Fkk] idM+s tkus ij Hkz’Vkpkjh lekt esa flj mBkdj ugha th ikrk FkkA vc fLFkfr ;g gS fd Hkz’Vkpkjh idM+s tkus ij Hkh “keZ eglwl ugha djrk gS rFkk ;g dgdj fd Hkz’Vkpkj esa rks lHkh fyIr gSa] vius dqdeZ dks lgh Bgjkus dh dksf”k”k djrk gSA lekt Hkh ,sls yksxksa dk vc cfg’dkj ugha djrk gSA bl rjg dh lksp gekjs uSfrd ewY;ksa ds gkzl dk ifj.kke gSA uSfrd ewY;ksa ds gkzl dk dkj.k yksxksa dh lQyrk dk vkdyu flQZ muds /ku ls djuk] lQyrk ds fy, dksbZ Hkh

jkLrk viukus dks rS;kj jguk] mHkjrk O;fDrokn] f”k{kk Kku ugha cfYd /ku dekus dk lk/ku cuuk] vlfg’.kqrk bR;kfn gSaA

dbZ ckj gekjs lkeus nqfo/kkiw.kZ fLFkfr fufeZr gks tkrh gS tSls& nksLr@fj”rsnkj dks cpk ysuk ;k U;k; dk lkFk nsuk] vijk/kh }kjk vius ifjokj dh [kjkc gkykr dk gokyk nsdj n;k dh Hkh[k ekaxuk bR;kfnA ,slh fLFkfr esa dBksj gksuk gh lgh fu.Zk; gksrk gSA

gekjs ns”k esa c<+rs ?kksVkyksa dks ns[kdj fujk”kk dh fLFkfr mRiUu ugha gksuh pkfg,A ?kksVkyksa dk mtkxj gksus ls ;g rks fl) gksrk gh gS fd gekjh dqN laLFkk;sa lgh dk;Z dj jgh gSa ojuk ;s ?kksVkys Hkh Qkbyksa esa ncs jg tkrsA foxr dqN o’kksZa esa Hkz’Vkpkj ds fo:) tkx:drk dkQh c<+h gS rFkk ljdkj us Hkh Hkz’Vkpkj ij yxke dlus ds fy, dbZ mik; fd, gSaA lwpuk dk vf/kdkj vf/kfu;e ykxw gksus ls iz”kklu esa ikjnf”kZrk dks c<+kok feyk gSA flVhtu pkVZj ds rgr lsok,a iznku djus ds fy, Hkh le;&lhek fu/kkZfjr dh xbZ gSA iz”kklu esa rduhdh rFkk izkS|ksfxdh ds mi;ksx ds pyrs Hkh Hkz’Vkpkj de gqvk gSA vkt ge vius vk;dj dk fjVuZ dEI;wVj ls Lo;a nkf[ky dj nsrs gSa vkSj blds fy, gesa vk;dj vkfQl ds pDdj yxkus ugha iM+rs gSaA igys ukSdjh dk vkosnu&i= izkIr djus ds fy, Hkh dk;kZy;ksa ds pDdj yxkus iM+rs Fks rFkk lacaf/kr ckcw blds fy, vyx ls iSls Hkh ys fy;k djrs Fks tcfd vc ge vkosnu&i= lh/ks baVjusV ls MkmuyksM dj ysrs gSaA

Hkz’Vkpkj ds fuokj.k ds fy, n.M dk Hk; rks t:jh gS gh ijUrq lkFk esa ,slh O;oLFkk fufeZr djus dh t:jr gS fd Hkz’Vkpkj ds volj gh mRiUu u gkasA lrdZrk nks rjg dh gksrh gS& n.MkRed ,oa fuokjdA n.MkRed lrdZrk ls Hkz’Vkpkj ij T;knk vaadq”k ugha yx ik;k gS D;ksafd T;knkrj Hkz’Vkpkj mtkxj ugha gks ikrs rFkk mtkxj gksus ij Hkh izek.k ds vHkko esa Hkz’Vkpkjh NwV tkrk gSA vr% dsUnzh; lrdZrk vk;ksx }kjk vc fuokjd lrdZrk ij T;knk cy fn;k tk jgk gSA fuokjd lrdZrk dk mn~ns”; ,slh O;oLFkk dk;e djuk gS fd dksbZ O;fDr Hkz’Vkpkj dj gh uk ik;sA fu;eksa dk ljyhdj.k] izR;sd Lrj ij mRrjnkf;Ro dk fu/kkZj.k] dk;ksZa ds laiknu gsrq le;&lhek dk fu/kkZj.k] dk;ksaZ esa ikjnf”kZrk rFkk rduhdh ,oa izkS|ksfxdh dk T;knk&ls&T;knk mi;ksx dj vke turk dk dk;kZy;ksa esa tkus dh vko”;drk gh u gksuk rFkk fu;eksa ls vyx gVdj dk;Z djuk laHko gh u gks ikuk bR;kfn fuokjd lrdZrk ds mik; gSaA

Hkz’Vkpkj ds fuokj.k gsrq lekt esa uSfrd ewY;ksa dks iqu% LFkkfir djuk vR;Ur vko”;d gSA blds fy, gesa viuh f”k{kk i)fr esa lq/kkj ykuk gksxk rFkk Ldwyksa ds ikB~;Øe esa lnkpkj ,oa uSfrdrk ds egRo dks “kkfey djuk gksxkA bldk gesa rqjar dksbZ ifj.kke ugha feysxk ijUrq vkus okys le; esa bldk nh?kZdkfyd ykHk gksxkA vc gekjs ns”k esa Hkz’Vkpkj ds fo:) tkx:drk c<+h gS ftldk lh/kk ladsr Vªkalijsalh baVjus”kuy }kjk tkjh lwph esa bl o’kZ gekjk LFkku fiNys o’kZ dh rqyuk esa csgrj gksuk gSA ijUrq geas Hkz’Vkpkj fuokj.k ds fy, vHkh vkSj iz;kl djuk gS rkfd gekjh fxurh vkus okys le; esa MsuekdZ] U;wthyS.M tSls lcls de Hkz’Vkpkj okys ns”kksa ds lkFk gksA

ujsUnz dkSjfuth lfpo

dsUnzh; lrdZrk vk;ksx

Page 14: vigeye vani - Central Vigilance Commission

Vigilance unit in MCL has been making constant efforts at systemic improvements through

leveraging of Technology. The endeavor of vigilance unit has been to bring about efficiency and

efficacy in the traditional mining operations and official transactions by bringing in a number of

e-initiatives as an integral part of the management activities which also serve as a tool of

preventive vigilance for combating corruption. Following initiatives have proved to be very

successful.

Stabilization of Coalnet:

Coal net is a comprehensive network in CIL with applications running for different purposes.

Real Time Monitoring of Contractual Bills through the Coalnet has led to Payment of ̀ 5386.41

Cr. of contractual bill on first in first out basis so far. Prior to year 2012 the delay was up to 3

months which has now come down to 15 days. This has resulted in drastic reduction in number

of complaints with respect to contractual bill payments. The Sales and Marketing Module on the

Coalnet has enabled Online Monitoring of issuance of DO. On an average coal sale value of

`138.36 Cr. in a year has been refunded to 2130 consumers within one month from expiry of

DO.

Introduction of In-motion Road Weighbridges with RFID and its

connectivity to Coalnet:

In-Motion weighbridges with RFID/IP cameras have ensured weighment of more than 800

tippers in one shift as against 200 tippers through electronic static weigh bridges. This has

resulted in drastic increase in Coal weighment percentage from 10-15% to 90-95%, thereby

reducing the chances of adjustment and manipulations in coal production figures on daily basis.

The use of RFID tags and RFID reader has ensured entry of authorized coal tippers only inside the

mine boundaries. IP Cameras in Electronic and In-motion weighbridges have led to increased

surveillance on all the coal tippers for cross checking the entry of RFID tag installed Coal tippers.

CoalNet connectivity has ensured Real Time transmission of coal weighment data to the Central

Server. This has further reduced the chances of fudging of coal production figures on day to day

basis.

Installation of GPS based Vehicle Tracking System(VTS) & Geo-fencing

of Mining Areas to prevent Pilferage of Coal:

There have always been apprehensions in the mind of public at large about the coal

theft/pilferage in the coal industry. It is a fact that chances of illegal diversion of coal do exist as

the system is controlled by human intervention at various levels.

Leveraging Technology for Systemic Improvements in Mahanadi Coalfields Limited

Deepak Srivastava

Chief Vigilance Officer

Mahanadi Coalfields Limited

12

Taking a cue from the success of “GPS based Vehicle Tracking System” in the supply of drinking

water to the peripheral villages in the year 2012, an idea of “Geo-fencing” emerged due to out

of box thinking. Thereafter, the Geo-fencing of all the ten Mining areas under the domain of

MCL was carried out. System based alerts on Geo-fence violation is also being monitored

through e-Surveillance & Monitoring units at the HQ and Area level, has resulted in reduction in

Geo-fence violations from 2127 in January 2015 to 1821 in February to 1385 in March 2015

and 314 in April 2015 and is showing a fluctuating trend and the necessary interventions are

being taken from time to time to keep the geo-fence violations under check.

1800 Coal carrying tippers operating in the mining areas of MCL have been fitted with

GPS/GPRS and a dedicated portal i.e. www.mclvts.in has been developed for monitoring of

Vehicle Tracking System (VTS). Also System driven reports have been designed to get number of

trips, path travelled by the tippers (lead), route violation report contract-wise and tipper-wise.

“Geo-fencing” of mines area have been done in the said web-portal to prevent coal theft. The

installation of GPRS based VTS has enhanced transparency & effective monitoring of Coal

transportation as also is ensuring correct payments made to the transport contractors based on

the leads (distance) recorded by the dedicated portal. The other advantages of this e-initiative

have been online monitoring of movement of coal carrying tippers thereby increasing the

efficiency of transportation of coal.

13

Geo Fencing of Mine

On-line auto-refund of EMDs to unsuccessful bidders:

Recognizing the fact that the delay in refund of Earnest Money Deposit (EMD), was adversely

affecting the morale of the supplier/tenderer, auto-refund of EMDs was thought as an

everlasting solution to ensure “system driven EMD refund” to the clients. The system driven

refund mechanism has enabled the refund amount to be redirected to the supplier/tenderer

account in an auto-mode once the e-tender portal declares the unsuccessful/rejected bids. As a

forward linkage of e-procurement, Online Auto Refund of EMD has been introduced, during

November2013.

Page 15: vigeye vani - Central Vigilance Commission

Vigilance unit in MCL has been making constant efforts at systemic improvements through

leveraging of Technology. The endeavor of vigilance unit has been to bring about efficiency and

efficacy in the traditional mining operations and official transactions by bringing in a number of

e-initiatives as an integral part of the management activities which also serve as a tool of

preventive vigilance for combating corruption. Following initiatives have proved to be very

successful.

Stabilization of Coalnet:

Coal net is a comprehensive network in CIL with applications running for different purposes.

Real Time Monitoring of Contractual Bills through the Coalnet has led to Payment of ̀ 5386.41

Cr. of contractual bill on first in first out basis so far. Prior to year 2012 the delay was up to 3

months which has now come down to 15 days. This has resulted in drastic reduction in number

of complaints with respect to contractual bill payments. The Sales and Marketing Module on the

Coalnet has enabled Online Monitoring of issuance of DO. On an average coal sale value of

`138.36 Cr. in a year has been refunded to 2130 consumers within one month from expiry of

DO.

Introduction of In-motion Road Weighbridges with RFID and its

connectivity to Coalnet:

In-Motion weighbridges with RFID/IP cameras have ensured weighment of more than 800

tippers in one shift as against 200 tippers through electronic static weigh bridges. This has

resulted in drastic increase in Coal weighment percentage from 10-15% to 90-95%, thereby

reducing the chances of adjustment and manipulations in coal production figures on daily basis.

The use of RFID tags and RFID reader has ensured entry of authorized coal tippers only inside the

mine boundaries. IP Cameras in Electronic and In-motion weighbridges have led to increased

surveillance on all the coal tippers for cross checking the entry of RFID tag installed Coal tippers.

CoalNet connectivity has ensured Real Time transmission of coal weighment data to the Central

Server. This has further reduced the chances of fudging of coal production figures on day to day

basis.

Installation of GPS based Vehicle Tracking System(VTS) & Geo-fencing

of Mining Areas to prevent Pilferage of Coal:

There have always been apprehensions in the mind of public at large about the coal

theft/pilferage in the coal industry. It is a fact that chances of illegal diversion of coal do exist as

the system is controlled by human intervention at various levels.

Leveraging Technology for Systemic Improvements in Mahanadi Coalfields Limited

Deepak Srivastava

Chief Vigilance Officer

Mahanadi Coalfields Limited

12

Taking a cue from the success of “GPS based Vehicle Tracking System” in the supply of drinking

water to the peripheral villages in the year 2012, an idea of “Geo-fencing” emerged due to out

of box thinking. Thereafter, the Geo-fencing of all the ten Mining areas under the domain of

MCL was carried out. System based alerts on Geo-fence violation is also being monitored

through e-Surveillance & Monitoring units at the HQ and Area level, has resulted in reduction in

Geo-fence violations from 2127 in January 2015 to 1821 in February to 1385 in March 2015

and 314 in April 2015 and is showing a fluctuating trend and the necessary interventions are

being taken from time to time to keep the geo-fence violations under check.

1800 Coal carrying tippers operating in the mining areas of MCL have been fitted with

GPS/GPRS and a dedicated portal i.e. www.mclvts.in has been developed for monitoring of

Vehicle Tracking System (VTS). Also System driven reports have been designed to get number of

trips, path travelled by the tippers (lead), route violation report contract-wise and tipper-wise.

“Geo-fencing” of mines area have been done in the said web-portal to prevent coal theft. The

installation of GPRS based VTS has enhanced transparency & effective monitoring of Coal

transportation as also is ensuring correct payments made to the transport contractors based on

the leads (distance) recorded by the dedicated portal. The other advantages of this e-initiative

have been online monitoring of movement of coal carrying tippers thereby increasing the

efficiency of transportation of coal.

13

Geo Fencing of Mine

On-line auto-refund of EMDs to unsuccessful bidders:

Recognizing the fact that the delay in refund of Earnest Money Deposit (EMD), was adversely

affecting the morale of the supplier/tenderer, auto-refund of EMDs was thought as an

everlasting solution to ensure “system driven EMD refund” to the clients. The system driven

refund mechanism has enabled the refund amount to be redirected to the supplier/tenderer

account in an auto-mode once the e-tender portal declares the unsuccessful/rejected bids. As a

forward linkage of e-procurement, Online Auto Refund of EMD has been introduced, during

November2013.

Page 16: vigeye vani - Central Vigilance Commission

A sum of ̀ 14.22 crore has been refunded to 5282 unsuccessful/ rejected suppliers/ bidders till

date on auto-mode in hassle free manner, thereby reducing the number of complaints

regarding corrupt practices. Bidders participation has gone up and the Vendor base is also

improving.

Electronic Surveillance by CCTV

To insist close monitoring in loading and transportation activities in the mine areas and to ensure

transparency, electronic surveillance in mine areas have been the focal point. For this purpose,

51 nos. of CCTV and 92 nos. of IP Camera have been installed in the Mining Areas. 8 Nos. of

Control rooms have also been started at Area level for monitoring of e-initiatives and centrally

an e-Surveillance & Monitoring Unit has been set up at MCL HQ. This has started showing

positive outcome in terms of transparency and effective way of loading of rakes at the Railway

Sidings avoiding Demurrage Charges paid very often

by the MCL to the Railways. This has also resulted in close monitoring of Coal quality & quantity.

The loading time of railway wagons have been reduced from 5-6 hours to 3-4 hours thereby

avoiding demurrage charges to the company to the tune of ̀ 88.03 Lakhs to ̀ 18.25 Lakhs in the

last quarter.

The aforementioned e-initiatives have brought in tremendous savings and has a huge impact on

reducing theft and manipulation. This could not have been possible without the able guidance

and continuous support from the Central Vigilance Commission, New Delhi, Ministry of Coal,

GoI and Chairman-cum-Managing Director, MCL.

14 15

Rajesh Ranjan

CVO, GAIL

The potential areas of corruption vary from one organization to other, however, there are many

areas of corruption which are common to all organizations and procurement/tendering is one

such area. Therefore, rules and guidelines have been laid down to minimize scope for

corruption but unscrupulous elements have scant regards for rules and guidelines. Therefore,

the Vigilance Wing of an organization should develop its own sources of information and also

carry out regular inspections to unearth corruption.

The Vigilance Wing of GAIL has unearthed many cases of irregularities in procurement and

details of two such cases are being discussed for the benefit of readers of ‘Vigeye Vani’.

CASE – I : Securing contracts on the basis of forged documents

There was source information from a reliable source that a contractor (M/s ABC) has flourished

extraordinarily during 5 years with the help of insiders. It was also intimated that eligibility

documents submitted, in order to secure the work orders from GAIL, were forged. Discrete

verification in the matter revealed that M/s ABC was awarded more than 80 work / service

contracts in the last 4 years. As such, it was decided to conduct CTE type inspection of 3 tenders,

at random.

Scrutiny of the relevant files was undertaken during the CTE Type inspection of the works which

revealed as under:

In terms of the BEC, the cumulative requirement of working capital in respect of two works was

Rs.48.5 million as on 31.03.2010(Rs.4.85 Crores). M/s ABC, in order to meet the aforesaid

working capital requirement, submitted a copy of the Balance Sheet as on 31.03.2010. The

Balance Sheet contained signature of Mr. X, Chartered Accountant on the letter head of CA Firm

M/s XZY & Company.

The balance sheet indicated the ‘Net Current Assets’ as Rs.6, 96, 78,064.00 (Working Capital

in terms of tender). The offer of M/s ABC was considered meeting the requirement, on the basis

of said document, for having working capital of more than Rs.4.85 Crores.

In order to verify the documents, an authenticated copy of the Balance Sheet for the year

2009-10 was obtained from Registrar of Companies (ROC), Ministry of Corporate Affairs. The

Balance Sheet, as on 31.03.2010, submitted with the ROC, indicated that the same had been

signed by Shri Y, Chartered Accountant and was on the letter head of CA firm, M/s EFG and

Associates Chartered Accountants. Further, the figures of Balance Sheet, as on 31.03.10 were

not matching with the figures in the Balance Sheet submitted along with the bid. The Balance

Case Studies on irregularitiesin award of contracts

Corruption is authority plus monopoly minus

transparency.- Unknown

Page 17: vigeye vani - Central Vigilance Commission

A sum of ̀ 14.22 crore has been refunded to 5282 unsuccessful/ rejected suppliers/ bidders till

date on auto-mode in hassle free manner, thereby reducing the number of complaints

regarding corrupt practices. Bidders participation has gone up and the Vendor base is also

improving.

Electronic Surveillance by CCTV

To insist close monitoring in loading and transportation activities in the mine areas and to ensure

transparency, electronic surveillance in mine areas have been the focal point. For this purpose,

51 nos. of CCTV and 92 nos. of IP Camera have been installed in the Mining Areas. 8 Nos. of

Control rooms have also been started at Area level for monitoring of e-initiatives and centrally

an e-Surveillance & Monitoring Unit has been set up at MCL HQ. This has started showing

positive outcome in terms of transparency and effective way of loading of rakes at the Railway

Sidings avoiding Demurrage Charges paid very often

by the MCL to the Railways. This has also resulted in close monitoring of Coal quality & quantity.

The loading time of railway wagons have been reduced from 5-6 hours to 3-4 hours thereby

avoiding demurrage charges to the company to the tune of ̀ 88.03 Lakhs to ̀ 18.25 Lakhs in the

last quarter.

The aforementioned e-initiatives have brought in tremendous savings and has a huge impact on

reducing theft and manipulation. This could not have been possible without the able guidance

and continuous support from the Central Vigilance Commission, New Delhi, Ministry of Coal,

GoI and Chairman-cum-Managing Director, MCL.

14 15

Rajesh Ranjan

CVO, GAIL

The potential areas of corruption vary from one organization to other, however, there are many

areas of corruption which are common to all organizations and procurement/tendering is one

such area. Therefore, rules and guidelines have been laid down to minimize scope for

corruption but unscrupulous elements have scant regards for rules and guidelines. Therefore,

the Vigilance Wing of an organization should develop its own sources of information and also

carry out regular inspections to unearth corruption.

The Vigilance Wing of GAIL has unearthed many cases of irregularities in procurement and

details of two such cases are being discussed for the benefit of readers of ‘Vigeye Vani’.

CASE – I : Securing contracts on the basis of forged documents

There was source information from a reliable source that a contractor (M/s ABC) has flourished

extraordinarily during 5 years with the help of insiders. It was also intimated that eligibility

documents submitted, in order to secure the work orders from GAIL, were forged. Discrete

verification in the matter revealed that M/s ABC was awarded more than 80 work / service

contracts in the last 4 years. As such, it was decided to conduct CTE type inspection of 3 tenders,

at random.

Scrutiny of the relevant files was undertaken during the CTE Type inspection of the works which

revealed as under:

In terms of the BEC, the cumulative requirement of working capital in respect of two works was

Rs.48.5 million as on 31.03.2010(Rs.4.85 Crores). M/s ABC, in order to meet the aforesaid

working capital requirement, submitted a copy of the Balance Sheet as on 31.03.2010. The

Balance Sheet contained signature of Mr. X, Chartered Accountant on the letter head of CA Firm

M/s XZY & Company.

The balance sheet indicated the ‘Net Current Assets’ as Rs.6, 96, 78,064.00 (Working Capital

in terms of tender). The offer of M/s ABC was considered meeting the requirement, on the basis

of said document, for having working capital of more than Rs.4.85 Crores.

In order to verify the documents, an authenticated copy of the Balance Sheet for the year

2009-10 was obtained from Registrar of Companies (ROC), Ministry of Corporate Affairs. The

Balance Sheet, as on 31.03.2010, submitted with the ROC, indicated that the same had been

signed by Shri Y, Chartered Accountant and was on the letter head of CA firm, M/s EFG and

Associates Chartered Accountants. Further, the figures of Balance Sheet, as on 31.03.10 were

not matching with the figures in the Balance Sheet submitted along with the bid. The Balance

Case Studies on irregularitiesin award of contracts

Corruption is authority plus monopoly minus

transparency.- Unknown

Page 18: vigeye vani - Central Vigilance Commission

16 17

Sheet submitted in GAIL by M/s ABC was showing the Net Current Assets, as Rs.6,96,78,064/-

whereas the value in the authenticated copy of ROC was only Rs.3,01,22,974/-.

In other work, two out of three Balance sheets submitted by M/s ABC were signed by Mr. X, CA.

Various balance sheets signed by CA, Mr. X and submitted by M/s ABC were sent to Mr. X, CA for

verification. Mr. X clarified that the Balance Sheets were not signed by him and he also disowned

any connection with M/s ABC. Further, Mr. X also lodged a complaint at the Police Station, New

Delhi.

It was proved beyond reasonable doubt that the Balance Sheets submitted in GAIL by M/s ABC

were forged and figures were manipulated in order to grab the work orders. Thus, M/s ABC

misrepresented to GAIL and fraudulently obtained the work orders.

Further, Verification also revealed that the Net Current Asset of M/s ABC, in terms of Balance

Sheet, as on 31.03. 2006, was only Rs.7, 770/- and as on 31.03.2011, it increased

exponentially to Rs.8.52 Crores. Also, during the last 07 years, M/s ABC have been awarded

more than 150 contracts in GAIL, the approximate value of which is around Rs.280 Crores and

all the balance sheets submitted in GAIL by M/s ABC for FY 2006-07, 2007-08, 2008-09,

2009-10 are signed by Mr. X, CA and hence are forged.

Most of the works executed by M/s ABC have been executed in either GAIL of its JVs.

Consequently, based on the recommendation of Vigilance, the work orders were cancelled and

party has been banned. However other penal actions such as forfeiture of PBGs, review of

forged documents submitted by M/s ABC in other tenders and appropriate action thereon etc.

are still pending with administrative Departments.

CONCLUSION: Submission of forged documents by a contractor repeatedly in various tenders

of GAIL could have been avoided at appropriate time if the concerned authorities were vigilant

towards unexplained exponential growth of the contractor as the contractor was executing jobs

mainly in GAIL and its Jvs.

CASE-II- Award of order to a firm without submitting bid

A tender was floated under two bid system for procurement of fire hose boxes for a plant.

Being a small procurement there was no BEC, Financial Criteria and applicable EMD in the

subject tender. However, based on the list of competent vendors who could supply the items, RFQ

was issued to 10 vendors. In response, bids were received from 04 vendors.

As per evaluation of bids, 03 bidders came out to be techno-commercially acceptable whose

price bids were opened & work was awarded to L1 bidder. Interestingly, this L1 bidder, while

submitting their credentials, had mentioned in the bid that if their bid is selected for placement of

order, the order may instead be placed in the name of their sister concern whose name closely

resembled the name of L1 bidder. This fact was also brought out in the Commercial Bid Analysis

(CBAs) prepared during evaluation of bids but no Commercial Query was raised to clarify the

matter & it was ignored. The matter was further not brought out in the note sheets seeking

approval of priced bid opening of techno commercially acceptable bidders and further in award

recommendations.

Subsequent to award, the L1 bidder requested the dealing C&P officer for placement of order on

their sister concern whose name was similar to the L1 bidder. The dealing C&P officer issued a

revised PO on sister concern without seeking approval from Competent Authority. This enabled

the L1 bidder to successfully offload awarded PO to their sister concern who had not submitted

any bid and whose credentials were also not known.

Vigilance investigated the case on the basis of source information & disciplinary action against

responsible officers is under way.

Source : cartoonstock.com

Page 19: vigeye vani - Central Vigilance Commission

16 17

Sheet submitted in GAIL by M/s ABC was showing the Net Current Assets, as Rs.6,96,78,064/-

whereas the value in the authenticated copy of ROC was only Rs.3,01,22,974/-.

In other work, two out of three Balance sheets submitted by M/s ABC were signed by Mr. X, CA.

Various balance sheets signed by CA, Mr. X and submitted by M/s ABC were sent to Mr. X, CA for

verification. Mr. X clarified that the Balance Sheets were not signed by him and he also disowned

any connection with M/s ABC. Further, Mr. X also lodged a complaint at the Police Station, New

Delhi.

It was proved beyond reasonable doubt that the Balance Sheets submitted in GAIL by M/s ABC

were forged and figures were manipulated in order to grab the work orders. Thus, M/s ABC

misrepresented to GAIL and fraudulently obtained the work orders.

Further, Verification also revealed that the Net Current Asset of M/s ABC, in terms of Balance

Sheet, as on 31.03. 2006, was only Rs.7, 770/- and as on 31.03.2011, it increased

exponentially to Rs.8.52 Crores. Also, during the last 07 years, M/s ABC have been awarded

more than 150 contracts in GAIL, the approximate value of which is around Rs.280 Crores and

all the balance sheets submitted in GAIL by M/s ABC for FY 2006-07, 2007-08, 2008-09,

2009-10 are signed by Mr. X, CA and hence are forged.

Most of the works executed by M/s ABC have been executed in either GAIL of its JVs.

Consequently, based on the recommendation of Vigilance, the work orders were cancelled and

party has been banned. However other penal actions such as forfeiture of PBGs, review of

forged documents submitted by M/s ABC in other tenders and appropriate action thereon etc.

are still pending with administrative Departments.

CONCLUSION: Submission of forged documents by a contractor repeatedly in various tenders

of GAIL could have been avoided at appropriate time if the concerned authorities were vigilant

towards unexplained exponential growth of the contractor as the contractor was executing jobs

mainly in GAIL and its Jvs.

CASE-II- Award of order to a firm without submitting bid

A tender was floated under two bid system for procurement of fire hose boxes for a plant.

Being a small procurement there was no BEC, Financial Criteria and applicable EMD in the

subject tender. However, based on the list of competent vendors who could supply the items, RFQ

was issued to 10 vendors. In response, bids were received from 04 vendors.

As per evaluation of bids, 03 bidders came out to be techno-commercially acceptable whose

price bids were opened & work was awarded to L1 bidder. Interestingly, this L1 bidder, while

submitting their credentials, had mentioned in the bid that if their bid is selected for placement of

order, the order may instead be placed in the name of their sister concern whose name closely

resembled the name of L1 bidder. This fact was also brought out in the Commercial Bid Analysis

(CBAs) prepared during evaluation of bids but no Commercial Query was raised to clarify the

matter & it was ignored. The matter was further not brought out in the note sheets seeking

approval of priced bid opening of techno commercially acceptable bidders and further in award

recommendations.

Subsequent to award, the L1 bidder requested the dealing C&P officer for placement of order on

their sister concern whose name was similar to the L1 bidder. The dealing C&P officer issued a

revised PO on sister concern without seeking approval from Competent Authority. This enabled

the L1 bidder to successfully offload awarded PO to their sister concern who had not submitted

any bid and whose credentials were also not known.

Vigilance investigated the case on the basis of source information & disciplinary action against

responsible officers is under way.

Source : cartoonstock.com

Page 20: vigeye vani - Central Vigilance Commission

19

b) Boundary wall: Instead of removing the existing MS grill fencing and constructing a

boundary wall with brick masonry, the whole length of boundary wall (approx. 1700 m)

was cast in M-25 grade RCC even ‘encasing’ the existing MS grill fencing.

c) Storm water drain: Storm water drain with M-25 grade RCC concrete has been provided

though a brick drain could have easily served the purpose.

– Value for money compromised

Case 2:

It pertains to work for the construction of a hospital complex, valuing more than Rs. 250 Cr., of

an apex healthcare institute-

In view of sloped terrain of the area, the hospital building complex was envisaged to be

constructed with a lower ground floor (LGF) area having G+4 floors and upper ground floor

(UGF) area having G+3 floors. However during execution, a decision was taken to provide an

additional slab at UGF level to create an additional floor. Accordingly, a slab with 1200 Sqm

(approx.) area was cast. However, later it was observed that the floor space so created had no

functional utility as the available floor height was much less(4- 5 ft. at several locations) having

no ventilation. As such, the whole expenditure had become infructuous.

– Value for money compromised

Sanctioned cost of the work was Rs. 267.55 Cr. out of which Rs. 220 Cr was expended till Oct

2014, whereas the progress achieved was mere 70%. The extended date of completion had

already expired more than 15 months ago.

– Timeliness not observed

Provision of bricks manufactured by GHOL process (first class table moulded) was specifically

kept in the agreement for brick work. However, fly-ash bricks/ FPS clay bricks were being used at

site (without any approval of the competent authority). Payments were made as per the BOQ rate

for the item of GHOL bricks only.

– Quality compromised

Men are more often bribed by their loyalties and

ambitions than money.- Unknown

Mukesh Saxena

Technical Examiner

The cardinal principle of any public procurement is to obtain works/materials/services of the

‘specified’ quality within the ‘specified’ time at the most competitive prices in a fair, just and

transparent manner.

Several instances of malpractices in the award and execution of works/contracts, financial

imprudence on the part of the officials resulting in infructuous expenditure, etc. are generally

observed during Intensive Examinations conducted by the Chief Technical Examiner’s

Organization.

Two case studies, emanated from Intensive Examinations, demonstrating sheer callousness and

disregard to the basic tenets of public procurement i.e. transparency, fairness, value for money,

quality and timeliness are presented as below–

Case 1:

It pertains to award of work for the construction of residential and academic buildings, valuing

more than Rs. 100 Cr., of a premier management institute-

For the selection of the Architectural Consultant, no objective selection criteria were pre-decided.

Selection was made on the basis of a design competition only. No deliberations/reasons were

recorded for the selection either. As such, selection was done in an arbitrary and subjective

manner. Further, for the consultancy fee, competitive financial bidding was not done as the fee

was pre-decided @ 5% of the project cost.

– Non transparent and Unfair

During prequalification of the Contractor, qualifying/evaluation criteria were not laid down.

Definition of ‘similar work’ was vague and not specific to the work. Out of 25 applications

received, only 10 were pre-qualified. Further, 4 pre-qualified bidders were further eliminated on

flimsy grounds and bid documents were issued to 6 bidders only. Financial bids were received

from two bidders only. Work was awarded to the L1 bidder @ 22.75% higher than the estimated

cost. Bid justification was not prepared. Rather, the estimated cost was enhanced on account of

inadmissible factors to justify high tender rate of L1.

– Non transparent, Unfair, & value for money compromised

During construction stage several instances of infructuous expenditure were observed, viz.

a) Watch Towers / Surveillance Towers required to be made of brickwork but were constructed

in RCC.

Violation of the Canons of Propriety in Public Procurement : Case Studies

18

CTEO’sCorner

Page 21: vigeye vani - Central Vigilance Commission

19

b) Boundary wall: Instead of removing the existing MS grill fencing and constructing a

boundary wall with brick masonry, the whole length of boundary wall (approx. 1700 m)

was cast in M-25 grade RCC even ‘encasing’ the existing MS grill fencing.

c) Storm water drain: Storm water drain with M-25 grade RCC concrete has been provided

though a brick drain could have easily served the purpose.

– Value for money compromised

Case 2:

It pertains to work for the construction of a hospital complex, valuing more than Rs. 250 Cr., of

an apex healthcare institute-

In view of sloped terrain of the area, the hospital building complex was envisaged to be

constructed with a lower ground floor (LGF) area having G+4 floors and upper ground floor

(UGF) area having G+3 floors. However during execution, a decision was taken to provide an

additional slab at UGF level to create an additional floor. Accordingly, a slab with 1200 Sqm

(approx.) area was cast. However, later it was observed that the floor space so created had no

functional utility as the available floor height was much less(4- 5 ft. at several locations) having

no ventilation. As such, the whole expenditure had become infructuous.

– Value for money compromised

Sanctioned cost of the work was Rs. 267.55 Cr. out of which Rs. 220 Cr was expended till Oct

2014, whereas the progress achieved was mere 70%. The extended date of completion had

already expired more than 15 months ago.

– Timeliness not observed

Provision of bricks manufactured by GHOL process (first class table moulded) was specifically

kept in the agreement for brick work. However, fly-ash bricks/ FPS clay bricks were being used at

site (without any approval of the competent authority). Payments were made as per the BOQ rate

for the item of GHOL bricks only.

– Quality compromised

Men are more often bribed by their loyalties and

ambitions than money.- Unknown

Mukesh Saxena

Technical Examiner

The cardinal principle of any public procurement is to obtain works/materials/services of the

‘specified’ quality within the ‘specified’ time at the most competitive prices in a fair, just and

transparent manner.

Several instances of malpractices in the award and execution of works/contracts, financial

imprudence on the part of the officials resulting in infructuous expenditure, etc. are generally

observed during Intensive Examinations conducted by the Chief Technical Examiner’s

Organization.

Two case studies, emanated from Intensive Examinations, demonstrating sheer callousness and

disregard to the basic tenets of public procurement i.e. transparency, fairness, value for money,

quality and timeliness are presented as below–

Case 1:

It pertains to award of work for the construction of residential and academic buildings, valuing

more than Rs. 100 Cr., of a premier management institute-

For the selection of the Architectural Consultant, no objective selection criteria were pre-decided.

Selection was made on the basis of a design competition only. No deliberations/reasons were

recorded for the selection either. As such, selection was done in an arbitrary and subjective

manner. Further, for the consultancy fee, competitive financial bidding was not done as the fee

was pre-decided @ 5% of the project cost.

– Non transparent and Unfair

During prequalification of the Contractor, qualifying/evaluation criteria were not laid down.

Definition of ‘similar work’ was vague and not specific to the work. Out of 25 applications

received, only 10 were pre-qualified. Further, 4 pre-qualified bidders were further eliminated on

flimsy grounds and bid documents were issued to 6 bidders only. Financial bids were received

from two bidders only. Work was awarded to the L1 bidder @ 22.75% higher than the estimated

cost. Bid justification was not prepared. Rather, the estimated cost was enhanced on account of

inadmissible factors to justify high tender rate of L1.

– Non transparent, Unfair, & value for money compromised

During construction stage several instances of infructuous expenditure were observed, viz.

a) Watch Towers / Surveillance Towers required to be made of brickwork but were constructed

in RCC.

Violation of the Canons of Propriety in Public Procurement : Case Studies

18

CTEO’sCorner

Page 22: vigeye vani - Central Vigilance Commission

20 21

lThe Commission convened Annual Sectorial Review Meetings with the Chief Vigilance

Officers of Railway Sector on 19.08.2015, Power Sector on 26.08.2015 and Social Sector

on 02.09.2015 at CVC New Delhi.

lSimilar meetings were held for Banking & Insurance Sector on 10.09.2015, Petroleum

Sector on 11.09.2015 at Mumbai, Port & Shipping Sector on 18.09.2015 and Banking &

Insurance Sector on 24.09.2015 at CVC, New Delhi.

Important activities in the Commission

Railway Sector Power Sector

Workshop for the CVOs of Banking & Insurance Organizations on 07.08.2015

Social Sector Banking & Insurance Sector

lA full day Workshop was held on 07.08.2015 exclusively for the CVOs of Banking &

Insurance Organizations. Central Vigilance Commissioner and Vigilance Commissioners

dwelt on the need for strengthening the Preventive Vigilance mechanism to address the

challenges being faced by Financial Sector. During the course of the meeting, various

suggestions emanated to strengthen the Vigilance Administration in the organizations. Dr.

Hasmukh Adhia, Secretary, Department of Financial Services, Smt. Arundhati

Bhattacharya, Chairman, State Bank of India & Shri R K Dutta, Spl. Director, CBI also

addresses the participants and dwelt on the challenges being faced by the Financial Sector

and also the measures required to be initiated to address the concerns.

lA delegation from the United States Of America, Department of Commerce, office of the

General Counsel interacted with senior officers of the Commission on 11.08.2015.

Delegates from the US in interaction with officers of the Commission

Page 23: vigeye vani - Central Vigilance Commission

20 21

lThe Commission convened Annual Sectorial Review Meetings with the Chief Vigilance

Officers of Railway Sector on 19.08.2015, Power Sector on 26.08.2015 and Social Sector

on 02.09.2015 at CVC New Delhi.

lSimilar meetings were held for Banking & Insurance Sector on 10.09.2015, Petroleum

Sector on 11.09.2015 at Mumbai, Port & Shipping Sector on 18.09.2015 and Banking &

Insurance Sector on 24.09.2015 at CVC, New Delhi.

Important activities in the Commission

Railway Sector Power Sector

Workshop for the CVOs of Banking & Insurance Organizations on 07.08.2015

Social Sector Banking & Insurance Sector

lA full day Workshop was held on 07.08.2015 exclusively for the CVOs of Banking &

Insurance Organizations. Central Vigilance Commissioner and Vigilance Commissioners

dwelt on the need for strengthening the Preventive Vigilance mechanism to address the

challenges being faced by Financial Sector. During the course of the meeting, various

suggestions emanated to strengthen the Vigilance Administration in the organizations. Dr.

Hasmukh Adhia, Secretary, Department of Financial Services, Smt. Arundhati

Bhattacharya, Chairman, State Bank of India & Shri R K Dutta, Spl. Director, CBI also

addresses the participants and dwelt on the challenges being faced by the Financial Sector

and also the measures required to be initiated to address the concerns.

lA delegation from the United States Of America, Department of Commerce, office of the

General Counsel interacted with senior officers of the Commission on 11.08.2015.

Delegates from the US in interaction with officers of the Commission

Page 24: vigeye vani - Central Vigilance Commission

2322

dsUnzh; lrdZrk vk;ksx esa fgUnh lIrkg (14 flrEcj ls 20 flrEcj) euk;k x;k

lShri K.V. Chowdary, Central Vigilance Commissioner and Shri T.M. Bhasin, Vigilance

Commissioner attended 12th Anniversary Celebrations of Vigilance Study Circle in

Hyderabad on 07.07.2015. On this occasion, CVC said that the focus of the Commission

was undergoing a transformation into preventive vigilance and early detection of

corruption cases so that they could be taken to their logical conclusion faster.

lShri K.V. Chowdary, Central Vigilance Commissioner, Shri Rajiv, Vigilance Commissioner,

Shri T.M. Bhasin, Vigilance Commissioner and Smt. Nilam Sawhney, Secretary, Central

Vigilance Commission attended a seminar on Preventive Vigilance organized by Vigilance

Study Circle Delhi-NCR Chapter on 18.08.2015.

l Shri K.V. Chowdary, Central Vigilance Commissioner and Shri T.M. Bhasin, Vigilance

Commissioner, chaired separate sessions in an International Conference on Integrity Pact

and Probity in Public Procurement, organized by Transparency International India

on17.09.2015.

Visits

Shri K V Chowdary, CVC at Vigilance Study Circle in Hyderabad

Shri K.V Chowdary, CVC at a workshop organized by Vigilance Study Circle (Mumbai Chapter) on “Tendering and Procurement Process’ on 21.08. 2015

Seminar on Preventive Vigilance organized by Vigilance Study Circle- Delhi NCR on 18.08.2015

To make your children capable of honesty is the

beginning of education.- John Ruskin

Page 25: vigeye vani - Central Vigilance Commission

2322

dsUnzh; lrdZrk vk;ksx esa fgUnh lIrkg (14 flrEcj ls 20 flrEcj) euk;k x;k

lShri K.V. Chowdary, Central Vigilance Commissioner and Shri T.M. Bhasin, Vigilance

Commissioner attended 12th Anniversary Celebrations of Vigilance Study Circle in

Hyderabad on 07.07.2015. On this occasion, CVC said that the focus of the Commission

was undergoing a transformation into preventive vigilance and early detection of

corruption cases so that they could be taken to their logical conclusion faster.

lShri K.V. Chowdary, Central Vigilance Commissioner, Shri Rajiv, Vigilance Commissioner,

Shri T.M. Bhasin, Vigilance Commissioner and Smt. Nilam Sawhney, Secretary, Central

Vigilance Commission attended a seminar on Preventive Vigilance organized by Vigilance

Study Circle Delhi-NCR Chapter on 18.08.2015.

l Shri K.V. Chowdary, Central Vigilance Commissioner and Shri T.M. Bhasin, Vigilance

Commissioner, chaired separate sessions in an International Conference on Integrity Pact

and Probity in Public Procurement, organized by Transparency International India

on17.09.2015.

Visits

Shri K V Chowdary, CVC at Vigilance Study Circle in Hyderabad

Shri K.V Chowdary, CVC at a workshop organized by Vigilance Study Circle (Mumbai Chapter) on “Tendering and Procurement Process’ on 21.08. 2015

Seminar on Preventive Vigilance organized by Vigilance Study Circle- Delhi NCR on 18.08.2015

To make your children capable of honesty is the

beginning of education.- John Ruskin

Page 26: vigeye vani - Central Vigilance Commission

25

Shri Praveen Sinha, joined as Additional Secretary, Central

Vigilance Commission on 21.09.2015

Shri Sanjay Agarwal, joined as Director,

Central Vigilance Commission on 23.07.2015

Shri Sombir has joined commission as LDC on 10.08.2015

Shri Sonu Kharalia has joined commission

as MTS on 06.07.2015

Welcome Corner

We wish them all a happy innings in the Commission.

Farewell Corner

Shri K.P. Saroha, Director, Central Vigilance Commission retired on

31.08.2015

Shri Keshav Rao,Director was relieved from the Commission

on 31.08.2015 on being posted as CVO of Pawan Hans

Helicopters Ltd.

We wish them all the best.

24

Even when there is no law, there is conscience.- Unknown

Source : cartoonstock.com

Page 27: vigeye vani - Central Vigilance Commission

25

Shri Praveen Sinha, joined as Additional Secretary, Central

Vigilance Commission on 21.09.2015

Shri Sanjay Agarwal, joined as Director,

Central Vigilance Commission on 23.07.2015

Shri Sombir has joined commission as LDC on 10.08.2015

Shri Sonu Kharalia has joined commission

as MTS on 06.07.2015

Welcome Corner

We wish them all a happy innings in the Commission.

Farewell Corner

Shri K.P. Saroha, Director, Central Vigilance Commission retired on

31.08.2015

Shri Keshav Rao,Director was relieved from the Commission

on 31.08.2015 on being posted as CVO of Pawan Hans

Helicopters Ltd.

We wish them all the best.

24

Even when there is no law, there is conscience.- Unknown

Source : cartoonstock.com

Page 28: vigeye vani - Central Vigilance Commission

27

Important Circulars Issued by Commission

1. CIRCULAR No. 09/07/15 dated 30th July 2015

Sub: Misuse of user ids and passwords in organisations-preventive vigilance measures

2. CIRCULAR No. 10/08/15 dated 17th August 2015

Sub: Pendency of cases with CVO’s – regarding

Note: For details of Circulars, refer to the Commission’s website www.cvc.gov.in

26

Congratulations !

Congratulations to Mr. Nand Kumar for qualifying Clerk Grade Limited

Departmental Competitive Examination, 2015 conducted by Staff Selection

Commission and being appointed as LDC on regular basis in the Commission.

Earlier he was working as MTS in the Commission.

We wish him a bright future and success in his new assignment.

Source : cartoonstock.com Source : cartoonstock.com

Page 29: vigeye vani - Central Vigilance Commission

27

Important Circulars Issued by Commission

1. CIRCULAR No. 09/07/15 dated 30th July 2015

Sub: Misuse of user ids and passwords in organisations-preventive vigilance measures

2. CIRCULAR No. 10/08/15 dated 17th August 2015

Sub: Pendency of cases with CVO’s – regarding

Note: For details of Circulars, refer to the Commission’s website www.cvc.gov.in

26

Congratulations !

Congratulations to Mr. Nand Kumar for qualifying Clerk Grade Limited

Departmental Competitive Examination, 2015 conducted by Staff Selection

Commission and being appointed as LDC on regular basis in the Commission.

Earlier he was working as MTS in the Commission.

We wish him a bright future and success in his new assignment.

Source : cartoonstock.com Source : cartoonstock.com

Page 30: vigeye vani - Central Vigilance Commission

28

A Tribute to Dr. APJ Abdul Kalam

l“If you want to shine like a sun, first burn like a sun.”

l“Don’t take rest after your first victory because if you fail in second, more lips are

waiting to say that your first victory was just luck.”

l“Confidence and hard work is the best medicine to kill the disease call failure. It

will make you a successful person.”

l“Thinking should become your capital asset, no matter whatever ups and downs

you come across in your life."

l“All Birds find shelter during a rain. But Eagle avoids rain by flying above the

Clouds.”

(15 Oct 1931 – 27 July 2015)

Source: from the websites-http://izquotes.com, successstory.com; indiacurrents.com

If a country is to be corruption free and

become a nation of beautiful minds, I strongly

feel there are three key societal members who

can make a difference. They are the father, the

mother and the teacher.

(Abdul Kalam)

You cannot changeyour Future.

But, you can change your habits.

And surely your habits will change your Future.

– Dr. Abdul Kalam

Disclaimer: The views expressed in the articles/poems are those of the authors and do not necessarily reflect the policy or position of the Commission. In order to ensure brevity and readability, some articles may be abridged.

Members of the Editorial Board:

Smt. Sonali Singh

Additional Secretary, Chief Editor

Shri Ramesh Chandra

Chief Technical Examiner

Shri Asit Gopal

Director

Shri Keshav Rao

CVO, Pawan Hans Helicopters Ltd

Page 31: vigeye vani - Central Vigilance Commission

28

A Tribute to Dr. APJ Abdul Kalam

l“If you want to shine like a sun, first burn like a sun.”

l“Don’t take rest after your first victory because if you fail in second, more lips are

waiting to say that your first victory was just luck.”

l“Confidence and hard work is the best medicine to kill the disease call failure. It

will make you a successful person.”

l“Thinking should become your capital asset, no matter whatever ups and downs

you come across in your life."

l“All Birds find shelter during a rain. But Eagle avoids rain by flying above the

Clouds.”

(15 Oct 1931 – 27 July 2015)

Source: from the websites-http://izquotes.com, successstory.com; indiacurrents.com

If a country is to be corruption free and

become a nation of beautiful minds, I strongly

feel there are three key societal members who

can make a difference. They are the father, the

mother and the teacher.

(Abdul Kalam)

You cannot changeyour Future.

But, you can change your habits.

And surely your habits will change your Future.

– Dr. Abdul Kalam

Disclaimer: The views expressed in the articles/poems are those of the authors and do not necessarily reflect the policy or position of the Commission. In order to ensure brevity and readability, some articles may be abridged.

Members of the Editorial Board:

Smt. Sonali Singh

Additional Secretary, Chief Editor

Shri Ramesh Chandra

Chief Technical Examiner

Shri Asit Gopal

Director

Shri Keshav Rao

CVO, Pawan Hans Helicopters Ltd

Page 32: vigeye vani - Central Vigilance Commission

CENTRAL VIGILANCE COMMISSIONSatarkata Bhavan, A-Block

GPO Complex, INA, New Delhi - 110 023

EPABX :- 011- 24600200 (30 Lines)

FAX : 011- 24651010/24651186

Email : [email protected]