JURISDICTION, ROLE AND FUNCTION:-

In pursuance of Notification SRO 92 of 1963 dated March 4, 1963, the Government of Jammu and Kashmir established an Organization known as Anti-Corruption Organization. Earlier, it was functioning as a wing of the Crime Branch of J&K Police. With the amendment made to the Prevention of Corruption Act, 2006 (BK) in the year 1983, the nomenclature of the Organization was changed from Anti-Corruption Organization to State Vigilance Organization.   

The jurisdiction of the State Vigilance Organization extends to the whole of the state of Jammu and Kashmir and also to the State subjects and public servants of the State Government, wherever they may be.   

The Vigilance Organization has been vested with the powers under the said Act to investigate and to make enquiries into cases pertaining to charges of graft against public servants and public men defined under the provisions of Prevention of Corruption Act, 2006 (P.C Act) as amended in the year 1983 and also to recommend sanction for their prosecution.

The Superintendence and control of the Vigilance Organization vests with the State Government while the administration of the Vigilance Organization vests with the Commissioner of Vigilance.

The Director of Vigilance and the officers subordinate to him of and above the rank of Inspectors of Police are vested with the powers of officer in charge of the Police Station in respect of the investigation of the offences punishable under P.C. Act, 2006 (BK) and can exercise such powers anywhere in the State of Jammu and Kashmir. Further, to effect speedy disposal of the graft cases, the State Government has also established two Police Stations in 1976, one each at Srinagar and Jammu, in the name of Police Station Vigilance Organisation Kashmir and Police Station Vigilance Organisation Jammu.  Under the amended provisions of the Prevention of Corruption Act an officer of the rank of Superintendent of Police, while investigating a case, can attach the tainted property after prior approval of the Director of Vigilance. 

Apart from investigation and prosecution of offences defined under P.C Act and anti-corruption related provisions of the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983; Ranbir Penal Code; The J&K Criminal Law (Amendment) Act, 1958 etc, the SVO under the directions of the Vigilance Commissioner also carries out additional functions conferred to it by the Govt. vide section 12 of the P.C Act to prevent, check and eradicate corrupt practices and promote transparency by introducing and strengthening internal vigilance in the administration.   

 

ORGANIZATION:-

The Vigilance Organisation is headed by the Director of Vigilance  who is assisted by one IGP, one DIG, 08 SsP, 13 Dy.SsP, 55 Inspectors of Police and other staff.   

The Dy.SsP and Inspectors of Police are investigating officers working under the immediate supervision of branch SsP.  Officers above the rank of Dy.SsP can also be entrusted investigation of cases. 

At the Head Office, there is a Director of Prosecution assisted by a Jt. Director of Prosecution and other Prosecuting Officers who assist the Commissioner of Vigilance in legal scrutiny of Vigilance cases.   

The vigilance organization is having seven territorial branches each being looked after by an officer of the rank of Sr.SP. The distribution of the districts under these branches is given below : 

1. Baramulla/Kupwara/Bandipora (BKB)   

2. Srinagar/Ganderbal/Leh/Kargil (SLK)  

3. Anantnag/Budgam/Pulwama/Shopian/Kulgam (ABP)   

4. Udhampur/Doda/Reasi/Ramban/Kishtwar (UDR)  

5. Rajouri/Poonch (PRK)

6. Jammu (Jmu)

 

These branches carry out investigations of offences under PC Act. Besides the above six branches, there is a “Policy Division” working under the AIG(Policy) at the headquarter whose functions include assisting the Vigilance Commissioner in promoting internal vigilance in Govt. departments, laying down of guidelines/policy planning, setting and monitoring of targets and liaison & coordination with other sister agencies.  The AIG (Hqr) assists the COV in disposal of complaints besides administration and accounts matters. 

The investigation of vigilance cases require scrutiny of voluminous records and technical examination of works and supplies / purchases. Therefore, in many cases services of subject specialists belonging to fields of land administration, Accounts, Engineering etc. become necessary. Presently one Executive Engineer each is available at Jammu and Srinagar in SVO besides other Engineering staff to assist with their expertise while undertaking investigation and enquiries.

There are four Special Courts anti-corruption, two each established at Jammu and Srinagar for trial of Vigilance Cases. Law Officers of the rank of Sr. Prosecuting Officers and above of the Vigilance Organisation have been designated as Public Prosecutors and can appear for the State in the special courts.

Powers and Duties of the officers of State Vigilance Organisation and the procedure followed by them in the decision making process.

The powers of the Vigilance Officers posted in the State Vigilance  Organisation, are derived from the provisions of substantive laws, especially P.C  Act, 2006 (BK), pertaining to anticorruption and also the Criminal Procedure Code. In nutshell, officers of and above the rank of Inspectors are competent to investigate cases registered under section 156 of Cr.P.C and also to carry out various types of Vigilance verifications, preliminary enquiries and surprise checks independently or jointly with departmental officers.   

The officers have powers and are duty-bound to collect information and inputs about various corrupt practices and provide it to the Director of vigilance through their supervisory branch SSsP. As per the prevalent procedure these inputs are scrutinized and verified by the branch SSsP to weed out vexatious and frivolous complaints and inputs. The complaints pertaining to violation of rules and procedures and without the element of criminal misconduct are being referred to the DVOs for verification. 

A citizen or member of general public can file a complaint or provide an input pertaining to corrupt practices either in person or through post. As per prevalent procedure it is not compulsory for such complainant or a public-spirited citizen to disclose his identity while lodging his complaint or providing an input. Such complaints or inputs can also be sent through e-mail to any of the following senior officers of the State Vigilance Organisation. The postal address, telephone numbers and e-mail address of these officers are as under :

S.No

Designation

Postal Address at Jammu

Postal Address at Srinagar

Telephone Nos at

Srinagar

Telephone Nos at

Jammu

E-Mail Address

1.

Director of Vigilance

SVO Behind New Secretariat Jammu

SVO Headquarter, Peerbagh, Srinagar

2430792

2542530 2577199

comvig[at]gmail[dot]com

4.

AIG(Policy)

-do-

-do-

2430682

2561686

 
5.

AIG(hqrs)

-do-

-do-

2430873

2561424

 
6. SP(Central)

-do-

-do-

  2534785  
7.

SSP (BKBG)

-do-

-do-

2478524

-

sspvigbkb[at]gmail[dot]com

8.

SSP (UDKR)

-do-

-do-

-

2575800

sspvig.udhampur[at]jk[dot]gov[dot]in

9.

SSP (ABP)

-do-

-do-

2479596

-

sspvigabp[at]gmail[dot]com

10.

SSP (JSK)

-do-

-do-

-

2546535

sspvig.jmu[at]jk[dot]gov[dot]in

11.

SSP (PRR)

-do-

-do-

-

2560214

sspvig.poonch[at]jk[dot]gov[dot]in 

12.

SSP (SLKB)

-do-

-do-

2479967

-

sspvigk[at]email[dot]com

 

 

The Organisation undertakes to maintain secrecy and confidentiality of the identity of the informant. A final decision about each input / complaint is taken by the Director of Vigilance. The nature of the disposal of a complaint / input depends upon the specificity and definiteness of the allegations and also the verifiability of such allegations. General and vague allegations which cannot be verified are consigned to records. Every complaint is computerized serially even if no follow up action is ordered. 

Needless to say the SVO takes note of only those allegations or grievances which pertain to offences and misconduct amounting to corruption, favouritism, nepotism, bribery, abuse of official position for personal gain, discharge of official duties to cause undue favour to oneself or any other person, acquisition of property and assets through corrupt and illegal means on the part of public servants. All other complaints and grievances not disclosing any “criminal misconduct” being outside the purview of SVO are not enquired into.

It is important to mention that State Vigilance Organisation receives about 5000 complaints or inputs every year. This does not include inputs generated by it’s own officers and also complaints/inputs referred to it by the Government and Courts of law including Hon’ble High Court of J&K. It is also significant to mention that Vigilance verifications and investigations are no substitute to the routine supervision, inspections, administrative and disciplinary control of the departmental superior officers. The surprise checks and enquiries conducted by SVO cannot be treated as an alternative to grievance redressal mechanism against complaints of maladministration or delay and / or deficient services by Govt. offices. Complaints and grievances pertaining to service matters such as promotions, postings, transfers are not enquired into by SVO unless it clearly prima facie brings out bribery or misuse of official position with criminal intent. In short, law does not provide for the SVO to enquire into or question any administrative action involving the exercise of discretion unless it discloses malafide and dishonesty. A citizen or member of general public, is therefore, requested to file such complaints and provide such inputs which not only has specifics that can be verified but are of interest and concern to the community and public at large and fall within the ambit of “Criminal misconduct” by a public servant.

Before initiating regular criminal proceedings into a complaint or input the SVO normally undertakes a number of pre-FIR verification through mechanisms such as secret and open verifications, preliminary enquiries and joint surprise checks (in association with officers of concerned department).

The Vigilance Organisation, vide Govt. order No. 379-Home of 1995 dated 04.12.1995, has also been assigned with the duty of issuing “Vigilance Clearance” in respect of in-service government and semi-government employees for the purpose of obtaining passports from concerned passport issuing authority.   

There is a prescribed form (proforma enclosed as Annexure “A”) which can be copied or downloaded from the website of the SVO (www.jkvigilance.nic.in) by an aspiring government employee for use. The form duly filled can either be sent by post or deposited in person with the central office of the SVO on any working day during working hours alongwith a self addressed registered envelop. SVO normally completes it’s verification within a week’s time and communicates it’s report to the concerned officer so that he can enclose the same with his passport application form. The applications need to be duly endorsed by the concerned HOD / Controlling Officer before it’s submission to SVO and should be containing the requisite data as indicated in its columns.   

The Vigilance Organisation as part of it’s working procedure invariably  informs the government employee against whom a vigilance investigation or  enquiry or verification is undertaken. He is also informed about the allegations or  charges against him and is afforded an opportunity to explain his position vis-à- vis such charges or allegations. However, the stage and timing of disclosing such  information to the suspect officer varies from case to case. The timing and the  stage of investigation or enquiry at which such information is disclosed and the  suspect officer afforded an opportunity is decided keeping in view several factors  such as need for secrecy to carry out surprise checks and searches, collection  and availability of evidence against the suspects and other co-accused etc. that  has a bearing on efficient and proper investigation / enquiry of the case.    

 

Laws, bye-laws, rules, regulations used by SVO in discharge of it’s functions.

The State Vigilance Organisation uses the following laws and rules and  regulations in the discharge of it’s functions.   

 

1. The J&K Prevention of Corruption Act, 1949 A.D. 

2. The Prevention of Corruption (Amendment) Act, 2006 Act No.1 of 2006 dated     

    03.10.2006.

3. The J&K Public Men and Public Servants Declaration of Assets and other

    Provisions Act, 1983 A.D.

4. The J&K Public Men and Public Servants Declaration of Assets and other

     Provisions Rules, 1998.

5. The J&K Criminal Law (Amendment) Act, 1958. 

6. The J&K Govt. Employees (Conduct) Rules, 1971.   

7. Ranbir Penal Code (Relevant Sections).

8. The J&K Govt. Doctors Declaration of Restrictions on Private Practice Rules,

    1998.

9. The “Vigilance Manual” recently adopted by the Govt. to standardizing the

     work procedure.

 

 

Details of Facilities Available to Citizens for obtaining information.

Citizens can seek information from SVO by approaching the PIO in the central office on any working day during working hours. A Citizen can also seek such information by approaching the APIO at Jammu and Srinagar. Needless to say the information seeking citizen has to follow the procedure provided in the Right to Information 2009 Act and the rules made thereunder.

 

The Public Information Officer of the office for the purpose of  RTI Act and rules made thereunder for the SVO shall be :  

The Public Information Officer  for the purpose of  RTI Act and rules made thereunder for the VO shall be :

Shri Gulshan Ahmad Kaloo, Dy. Director Prosecution, VO

Address : VO Headquarters, Peer Bagh Srinagar

Behind Civil Secretariat Jammu,

Telephone : 0191-2561247, 0194-2430792

Cell No.- 9419003890

 The Assistant Public Information Officer (APIO)  for the purpose of  RTI Act and rules made thereunder for the Kashmir Division shall be :  

Shri Mohammad Maqbool, CPO (VOK)

Old Secretariat J&K Srinagar

Telephone : 0194-2471588

The Assistant Public Information Officer (APIO)  for the purpose of  RTI Act and rules made thereunder for the Jammu Division shall be :  

  Sh. Anoop Kumar, Sr.P.O(VOJ)

Behind Civil  Secretariat J&K Jammu

Telephone : 9419916699

 The First Appellate  Authority  for the purpose of RTI Act and rule made thereunder for the VO shall be :

Shri Mohammad Ashraf Pandith

Joint Director Prosecution

 Vigilance Organization

Address (Jammu) : Behind New Secretariat, Jammu. 

    Address (Srinagar) : SVO Headquarters, Peer Bagh, Srinagar

 Telephone : 0191-2565890 (Jammu )

                      0194-2430804 (Srinagar)

                Mobile:- 941909472

It is also relevant to mention that vide section (g) of section 8 of the J&K RTI Act, 2009. “Exemption from disclosure of information : ” Notwithstanding anything contained in the Act, there shall be no obligation to give any citizen:- (g) information which would impede the process of investigation or apprehension or prosecution of offenders;”

 

Government of Jammu and Kashmir
Civil Secretariat ------- Home Department.
*****

Subject:-NO OBJECTION CERTIFICATE by Government for Passport facility.

Government Order No. 379 – Home of 1995 D  A  T  E  D  : 04-12-1995

***

Sanction is hereby accorded to the following simplification of procedure for  

the issue of “No Objection Certificate” by the State Government for the purpose  

of obtaining passports :  

(1) The Government Employees shall apply for “No Objection” directly to the      Commissioner of Vigilance instead of routing their applications through Head     of Department and Administrative Department to Home Department, on the     format to be prescribed by the Commissioner of Vigilance.  

(2) The Vigilance Commissioner shall in each such case issue clearance within a      period of two weeks from the date of receipt of the application and forward the     same to the Regional Passport Officer for  issuance of passport. 

(3) The “No Objection Certificate” of the Home Department / Administrative      Department as a pre-requisite is hereby dispensed with. However, a     Government Employee shall be required to obtain permission of the competent     authority before leaving the Country.  

(4) The Criminal Investigation Department shall complete its verification within      one month from the date of receipt of the requisite information from the      Regional Passport Officer in respect all applicants including Government      Employees.  

(5) Clearance of ARI (Trainings) Department on account of out standings       Educational Loan etc is hereby dispensed with. In the event of a         Government Employee (against whom loan is outstanding) abandoning his       employment while abroad, the outstanding will be recovered from his       gratuity/Surety.

02-This order will supercede all the previous orders/instructions issued on the subject.

 By order of the Government of Jammu & Kashmir. Addl. Secretary to Govt.

 

 No Home/PP/95-NOC Dated 14-12-1995

 

Copy to:

 

1.Financial Commissioner 

2.All Addl. Chief Secretaries to Government 

3.Director General of Police, J&K, Jammu

4.Commr/Secretary to Govt. ARI (Trainings) GAD  

5.All Commr/Secretaries to Govt.

6.Divisional Commissioner Jammu/Kashmir 

7.Principal Secretary to H.E the Governor  

8.Inspector General of Police, CID, J&K

9.Commissioner of Vigilance, J&K, Jammu 

10.Private Secretaries to Advisor  

11.Private Secretary to Chief Secretary 

12.Regional Passport Officer, Jammu with the request not to entertain         the case of Government employee unless it is cleared by Commissioner of Vigilance 

13.Stock file with 2 s.c.

14.Government order file

15.Monday Return

 

Government of Jammu and Kashmir General Administration Department (Vigilance).

*****

Circular No. 9 – GAD(Vig) of 2001

D  A  T  E  D  : 12-04-2001

***

Instructions have been issued earlier that cases for obtaining “NOC” from Vigilance angle for purposes of promotion, foreign deputation, voluntary retirement etc. of the Government employees should be routed through Vigilance Section (Department) of the Government in the Secretariat. Cases for obtaining “NOC” from Vigilance angle for passport purposes can, however, be referred by the concerned Administrative Departments / Heads of Departments to the Vigilance Commissioner directly.

It has, however, been observed that certain departments including H.O.Ds directly write to the Vigilance Commissioner for “NOCs” for purpose of promotion, foreign deputation, voluntary retirement etc. without routing such requests through the General Administration Department (Vigilance Section). It has also been observed that some of the H.O.Ds approach the Vigilance Commissioner directly without routing the cases even through their own administrative departments. This procedure has been viewed very seriously.   

As sanction to prosecution in criminal cases arising out of Jammu and Kashmir Prevention of Corruption Act is accorded by the General Administration Department (Vigilance), it is necessary that cases for obtaining “NOC” from Vigilance angle for above purposes are routed through the said Department viz. General Administration Department (Vigilance). It is, therefore, impressed upon all Administrative Departments and Heads of Departments that these instructions should be followed in letter and spirit. It may be noted that any case referred to the Vigilance Commissioner directly be the Administrative Department / H.O.Ds will not be entertained by the General Administration Department (Vigilance) when any report on such requests are sent by the Vigilance Organisation.

Sd/- (R.K Jerath)
Commr./Secretary to Government,  
General Administration Department.  

No.GAD/Vig/NOC/2001-Agri Dated 12-04-2001   

Copy for information and necessary action to the :-  

01-Financial Commissioner, Agriculture Production and Rural  
Development Department

02-Financial Commissioner, Planning and Development Department

03-Financial Commissioner, Finance 

04-Direction General and Commissioner of Vigilance, J&K, Jammu

05-All Principal Secretaries to Government  

06-All Commissioner/Secretaries to Government  

07-All Heads of Departments  08-Circular file

(Ahmadullah)
Deputy Secretary to Government,  
General Administration Department.  

 

Government of Jammu and Kashmir
Civil Secretariat ------- Home Department.

*****
Subject:-NO OBJECTION CERTIFICATE by Government for Passport facility.

Government Order No. 379 – Home of 1995 D  A  T  E  D  : 04-12-1995

***

Sanction is hereby accorded to the following simplification of procedure for  

the issue of “No Objection Certificate” by the State Government for the purpose  

of obtaining passports :

 

(1) The Government Employees shall apply for “No Objection” directly to the      Commissioner of Vigilance instead of routing their applications through Head     of Department and Administrative Department to Home Department, on the     format to be prescribed by the Commissioner of Vigilance.

 

(2) The Vigilance Commissioner shall in each such case issue clearance within a      period of two weeks from the date of receipt of the application and forward the     same to the Regional Passport Officer for  issuance of passport.

 

(3) The “No Objection Certificate” of the Home Department / Administrative      Department as a pre-requisite is hereby dispensed with. However, a     Government Employee shall be required to obtain permission of the competent     authority before leaving the Country.

 

(4) The Criminal Investigation Department shall complete its verification within      one month from the date of receipt of the requisite information from the      Regional Passport Officer in respect all applicants including Government      Employees.

 

(5) Clearance of ARI (Trainings) Department on account of out standings       Educational Loan etc is hereby dispensed with. In the event of a         Government Employee (against whom loan is outstanding) abandoning his       employment while abroad, the outstanding will be recovered from his       gratuity/Surety.

02-This order will supercede all the previous orders/instructions issued on the subject.

 

By order of the Government of Jammu & Kashmir. Addl. Secretary to Govt.

 

 No Home/PP/95-NOC Dated 14-12-1995

 

Copy to:

 

1.Financial Commissioner 

2.All Addl. Chief Secretaries to Government 

3.Director General of Police, J&K, Jammu

4.Commr/Secretary to Govt. ARI (Trainings) GAD  

5.All Commr/Secretaries to Govt.

6.Divisional Commissioner Jammu/Kashmir 

7.Principal Secretary to H.E the Governor  

8.Inspector General of Police, CID, J&K

9.Commissioner of Vigilance, J&K, Jammu 

10.Private Secretaries to Advisor  

11.Private Secretary to Chief Secretary 

12.Regional Passport Officer, Jammu with the request not to entertain         the case of Government employee unless it is cleared by Commissioner of Vigilance 

13.Stock file with 2 s.c.

14.Government order file

15.Monday Return


 


 

Government of Jammu and Kashmir General Administration Department (Vigilance).

*****

 

Circular No. 9 – GAD(Vig) of 2001

D  A  T  E  D  : 12-04-2001

***

Instructions have been issued earlier that cases for obtaining “NOC” from Vigilance angle for purposes of promotion, foreign deputation, voluntary retirement etc. of the Government employees should be routed through Vigilance Section (Department) of the Government in the Secretariat. Cases for obtaining “NOC” from Vigilance angle for passport purposes can, however, be referred by the concerned Administrative Departments / Heads of Departments to the Vigilance Commissioner directly.

It has, however, been observed that certain departments including H.O.Ds directly write to the Vigilance Commissioner for “NOCs” for purpose of promotion, foreign deputation, voluntary retirement etc. without routing such requests through the General Administration Department (Vigilance Section). It has also been observed that some of the H.O.Ds approach the Vigilance Commissioner directly without routing the cases even through their own administrative departments. This procedure has been viewed very seriously.   

As sanction to prosecution in criminal cases arising out of Jammu and Kashmir Prevention of Corruption Act is accorded by the General Administration Department (Vigilance), it is necessary that cases for obtaining “NOC” from Vigilance angle for above purposes are routed through the said Department viz. General Administration Department (Vigilance). It is, therefore, impressed upon all Administrative Departments and Heads of Departments that these instructions should be followed in letter and spirit. It may be noted that any case referred to the Vigilance Commissioner directly be the Administrative Department / H.O.Ds will not be entertained by the General Administration Department (Vigilance) when any report on such requests are sent by the Vigilance Organisation.

Sd/- (R.K Jerath)
Commr./Secretary to Government,  
General Administration Department.  

 

No.GAD/Vig/NOC/2001-Agri Dated 12-04-2001   

Copy for information and necessary action to the :-  

01-Financial Commissioner, Agriculture Production and Rural  
Development Department

02-Financial Commissioner, Planning and Development Department

03-Financial Commissioner, Finance 

04-Direction General and Commissioner of Vigilance, J&K, Jammu

05-All Principal Secretaries to Government  

06-All Commissioner/Secretaries to Government  

07-All Heads of Departments  08-Circular file

(Ahmadullah)
Deputy Secretary to Government,  
General Administration Department.