Section 8A CVC Act: Action on Preliminary Inquiry in Relation to Public Servants
Section 8A of the Central Vigilance Commission Act, 2003 sets out the action that the Central Vigilance Commission may take after a preliminary inquiry concerning alleged corruption by Group C and Group D officials of the Central Government.
What Section 8A provides
Where a preliminary inquiry concerning corruption by a Group C or Group D Central Government official concludes and, after the public servant has been given an opportunity of being heard, the Commission finds a prima facie violation of conduct rules relating to corruption under the Prevention of Corruption Act, 1988, the Commission is required to proceed with one or more of the actions specified in Section 8A(1).
Text and effect of Section 8A
Section 8A(1): Following the conclusion of the preliminary inquiry and the opportunity of hearing, the Commission may proceed through one or more of these statutory routes:
- cause an investigation by an appropriate agency or the Delhi Special Police Establishment, as applicable;
- initiate disciplinary proceedings or other appropriate action against the concerned public servant through the competent authority; or
- close the proceedings against the public servant and proceed against the complainant under Section 46 of the Lokpal and Lokayuktas Act, 2013, where the statutory requirements for such action are met.
Section 8A(2): The preliminary inquiry is ordinarily to be completed within ninety days from receipt of the complaint. For reasons recorded in writing, a further period of ninety days is permitted.
Important requirements under Section 8A
- Covered officials: the provision expressly concerns Group C and Group D officials of the Central Government.
- Preliminary inquiry: action under the section follows conclusion of the preliminary inquiry contemplated by the statutory framework.
- Opportunity of hearing: the public servant must be given an opportunity of being heard before the specified prima facie conclusion is acted upon.
- Prima facie standard: the Commission's findings must disclose a prima facie violation of conduct rules relating to corruption under the Prevention of Corruption Act, 1988.
- Available action: investigation, disciplinary or other appropriate action, or closure coupled with action concerning a false complaint under the applicable law.
- Time frame: ordinarily ninety days, extendable by a further ninety days for reasons recorded in writing.
Meaning of the connected legal provisions
Prevention of Corruption Act, 1988
The Prevention of Corruption Act, 1988 is the principal Central legislation dealing with corruption-related offences involving public servants and related persons. Section 8A of the CVC Act refers to conduct rules relating to corruption under this Act when describing the prima facie finding relevant to further action.
Section 46 of the Lokpal and Lokayuktas Act, 2013
Section 46 deals with prosecution for a false, frivolous or vexatious complaint and payment of compensation to the public servant, subject to the safeguards and conditions contained in that provision. Section 8A(1)(c) expressly links closure of proceedings in the appropriate case with action under Section 46.
Relationship with Section 8B
If the Commission chooses the investigation route under Section 8A(1)(a), Section 8B of the CVC Act governs action on the investigation in relation to the public servant.
Official legal sources
For the authoritative statutory text and amendments, refer to the official India Code versions of the Central Vigilance Commission Act, 2003 and the Lokpal and Lokayuktas Act, 2013.