Jurisdiction under Section 8 of CVC Act, 2003:
1.2.1 (a) For the purpose of clause (d) of Section 8(1) of CVC Act, 2003, the Commission’s jurisdiction extends to such category of public servants as defined under Section 8(2) of the Act and subsequent notifications issued by the Central Government from time to time.
Clause 8(1)(g) of the CVC Act, 2003 requires the Commission to tender advice to the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government on such matters as may be referred to it by that Government, such Government companies, societies and local authorities owned or controlled by the Central Government or otherwise and for this purpose the Commission’s jurisdiction is coterminus with those provided under Section 8(2) of CVC Act, 2003.
The following categories of public servants [hereinafter referred to as Category ‘A’ officers] fall within the jurisdiction of the Commission in terms of sub-section (2) of Section 8 of CVC Act, 2003: —
(a) Members of All-India Services serving in connection with the affairs of the Union and Group ‘A’ officers of the Central Government;
(b) Such level of officers of the corporations established by or under any Central Act, Government companies, societies and other local authorities, owned or controlled by the Central Government, as that Government may, by notification in the Official Gazette, specify in this behalf: Provided that till such time a notification is issued, all officers of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred to in clause (d) of sub-section (1) of Section 8 of CVC Act, 2003.
(c) On a reference made by the Lokpal under proviso to sub-section (1) of section 20 of the Lokpal and Lokayuktas Act, 2013, the persons referred to in clause (d) of sub-section
(1) shall also include–
(i) members of Group B, Group C and Group D services of the Central Government;
(ii) such level of officials or staff of the corporations established by or under any Central Act, Government companies, societies and other local authorities, owned or controlled by the Central Government, as that Government may, by notification in the Official Gazette, specify in this behalf:
Provided that till such time a notification is issued under this clause, all officials or staff of the said corporations, companies, societies and local authorities shall be deemed to be the persons referred in clause
(d) of sub-section (1)of Section 8 of CVC Act, 2003.
1.2.1 (b) At present, the following levels of officers have been notified by the Central Government for the purpose of clause (b) of sub-section (2) of Section 8 of CVC Act, 2003 (DoPT Notifications vide S.O. 371(E) dated 18.3.2004 & S.O. 1538(E) dated 12.9.2007):
(i) Officers of Scale V and above of Public Sector Banks; (Scale V is in the
range of Rs. 59,170-66,070 in most banks as on 01.01.2015)
(ii) Chief Executives and Executives on the Board and other officers of E-8
and above in respect of Schedule ‘A’ and ‘B’ Public Sector Undertakings;
(E-8 Scale in Sch. ‘A’ & ‘B’ CPSEs is in the range of Rs. 51,300 – 73,000 effective from 01.01.2007 pursuant to pay revision after 6th CPC)
(iii) Chief Executives and Executives on the Board and other officers of E-7 and above in respect of Schedule ‘C’ and ‘D’ Public Sector Undertakings;
(E-7 Scale in Sch. ‘C’ & ‘D’ CPSEs is in the range of Rs. 43,200 – 54,000
effective from 01.01.2007 pursuant to pay revision after 6th CPC)
(iv) Officers in Grade ‘D’ and above in respect of RBI, NABARD and SIDBI;
(As on 01.01.2015 the Grade ‘D’ Scale in RBI is Rs. 39,850 – 46,150)
(v) Managers and above in General Insurance Companies;
(vi) Senior Divisional Managers and above in Life Insurance Corporations;
and
(vii) Officers drawing salary of Rs. 8700/ – p.m. and above on Central Government D.A. pattern, as on the date of the notification (DoPT Notification dated 12.9.2007) and as may be revised from time to time in Societies and other Local Authorities.
JURISDICTION OVER OTHER CATEGORIES IN SPECIAL CASES
(a) Composite cases: In composite cases, Commission’s advice would be necessary in respect of all officers of the Central Government or an organisation under it, irrespective of their level, if they are involved in the same matter in which Category ‘A’ is involved.
[May also Refer to Chapter VII (para 7.9.5 & 7.9.6)]
(b) Difference of opinion: The Commission’s advice would also be necessary in cases of difference of opinion between the disciplinary authority and the CVO with regard to the action to be taken against officers who are not within the jurisdiction of the Commission if these differences cannot be resolved with the intervention of the Secretary of the Ministry or Head of the Departments. (CVC Circular No. 98/VGL/15 dated 16.04.2004).
(c) Complaints under PIDPI Resolution: For the purpose of Public Interest Disclosure and Protection of Informer Resolution 2004, the Commission’s jurisdiction extends to any employee of Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government irrespective of the category or class or group of employees.
(d) Below Group ‘A’ Gazetted officers of Central Government: In terms of GoI Resolution, dated 11.02.1964, the Commission’s jurisdiction extended to Group ‘A’ and Group ‘B’ gazetted officers of the Ministry or Department and equivalent level of officers in organisations. However, after the enactment of CVC Act, 2003, the jurisdiction of Commission extends to the officers as described in paras 1.2.1 (a) & (b) hereinabove. Further, in respect of cases involving Gazetted officers below Group ‘A’ of the Central
Government, in which the Commission has tendered its first stage advice before issue of CVC Circular No. 98/VGL/15 dated 16.04.2004, the matter need not be referred to the Commission for second stage advice if the disciplinary authority, on conclusion of the disciplinary proceedings, proposes to impose a penalty which coincides with the Commission’s first stage advice, provided that none of the officers involved in that matter is an officer of All-India Service or a Group ‘A’ officer. The case, however, may
be referred to the Commission for its advice if the disciplinary authority proposes to take action, which does not conform to the Commission’s first stage advice, (or it differs with the recommendation of the CVO with regard to the quantum of punishment to be imposed).
SOURCE: CVC Manual 2017
