Stung by the P J Thomas affair and handed out a set of directives by the Supreme Court, a chastened government has now begun a nationwide search for the next Central Vigilance Commissioner as per a new set of guidelines.
According to these guidelines, available with The Indian Express, the Department of Personnel and Training — in tune with the apex court’s directions — has opened the job to non-civil service candidates too, calling for private persons of “repute and integrity”.
The guidelines set the age bar at 61, call for 33 years of experience for applicants who are with the government, and a background and vigilance check spanning several stages. A detailed note of “(all) applications received and rejected and the short-listing criteria” will be put up before the selection committee comprising the Prime Minister, Home Minister and Leader of Opposition.
The three-stage selection procedure:
Initial scrutiny of all applications by a committee of three officers at the level of Director/Deputy Secretary in the DoPT to filter out “ineligible applications.” Grounds for all rejections will be placed before Secretary (Personnel).
Vigilance clearance of all eligible candidates sought from CBI, CVC as well as the cadre controlling authority.
Shortlist of five eligible candidates to be prepared by a Committee of Secretaries chaired by Secretary (Personnel). It has been proposed that this Committee may include the CBI director; Secretary, CVC and if “felt appropriate” the Home Secretary and Finance Secretary as well.
The proposal to include the CBI director in a panel to short-list candidates for the top vigilance post is curious. For, the Central Vigilance Commissioner is instrumental in the appointment of the CBI director and, as a body, the CVC supervises the functioning of the investigating agency.
The DoPT is now in the process of writing to all Ministries/Departments of Government seeking names of eligible candidates with 15 days and information on them “whether favourable or adverse.” For Government officials, complete ACR (annual confidential report) dossiers and CVs, as mandated by the apex court, are required to be sent. Besides the CBI, IB (Intelligence Bureau) clearances have been suggested for some categories of candidates.
Ministries/Departments are also required to indicate any criminal record/disciplinary proceedings against candidates and attach what is being described by the DoPT as an “integrity certificate.” In case of a private candidate, a “self declaration by the sponsored person” would be required.
Finally, all Ministries/Departments have been advised to ensure that no conflict of interest situation arises while appointing the CVC to ensure the “institutional integrity” of the high office. The DoPT has noted how Ministries should be “encouraged” to forward names of persons who are eminent in public life and fulfil the criteria of selection.
These guidelines have been circulated to Law Minister Veerappa Moily and to Attorney General Goolam E Vahanvati.
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