State Vigilance Commission
The Nagaland State Vigilance Commission was established in 1976.The Vigilance & Anti-corruption Police under the State Vigilance Commission is empowered to inquire into or investigate into complaints of corruption, misconduct and misdemeanours of the public servants for omissions and commissions of offences in discharging their duties.The State Vigilance Commission is headed by a Vigilance Commissioner with the following wings under him:
- Administrative Wing: Headed by a Secretary.
- Tribunal Court: Headed by Tribunal for Disciplinary Proceedings & Special Judge.
- Directorate of Vigilance & Anti-Corruption Police: Headed by the Director & DIGP.
- Technical Wing: E.E (Technical) to assist the I.Os on technical matters.
The State Government has also appointed the Secretaries of the departments and the Deputy Commissioners of the districts as Vigilance Officers in their respective Departments and Districts. The Vigilance Officers are to coordinate with the Vigilance Commission, in cases involving allegations of bribery, corruption, forgery, cheating, criminal breach of trust, falsification of records, etc. and also cases where it is alleged that the officer have acquired assets disproportionate to their known sources of income. The drive against corruption, therefore, depends on how seriously the Vigilance Officers undertake these tasks.
The Organizational set up of the State Vigilance Commission
Functioning of the Vigilance Police Station
The Home Department’s Notification vide No.CON-248/75 dated 21st August 1999 amended its earlier notification vide even No. dated 1st June, 1976 and further stated the following powers and jurisdiction to investigate into the offences punishable under the following sections of laws, as scheduled below:
- All offences under the Prevention of Corruption Act, 1988.
- Section 406 to 409 IPC and 417 to 420 IPC.
- Section 471 to 477A IPC.
- All offences under the Official Secrets Acts, 1923.
- All offences under the Assam maintenance of Public Order Act, 1947.
- Attempts, abetments and conspiracies in items 4 to 5 above, by whosoever committed.
- Any other particular offence or offences that may be specified by the State Government.
Basic function of P.E./ R.C. Cases
When, a complaint is received or information is received which may, after verification, indicate serious misconduct on the part of a public servant but is not adequate to justify registration of a regular case under the provisions of Section 153 Cr. P.C, a Preliminary Enquiry may be registered after obtaining approval of the Competent Authority. Sometimes the High Court also entrust matters to the State Vigilance Commission for enquiry and submission of report. In such situations also which may be rare, a ‘Preliminary Enquiry’ may be registered after obtaining orders from the Competent Authority. When the verification of a complaint and source information reveals commission of a prima facie cognizable offence, a Regular Case is to be registered as is enjoined by law. A ‘Preliminary Enquiry’ (P.E) may be converted into Regular Case (R.C) as soon as sufficient material becomes available to show that prima facie there has been commission of a cognizable offence or its discreet verification leads to similar conclusion, a Regular Case must be registered instead of a Preliminary Enquiry. It is, therefore, necessary that the Director must carefully analyse the material available at the time of evaluating the report submitted by Competent Authority of the Department so that registration of P.E. is not resorted to where a Regular Case can be registered. Where material or information available clearly indicates that it would be a case of misconduct and not criminal misconduct, it would be appropriate that the matter is referred to the Department at that stage itself by sending a self-contained note.
Activities & Achievement during the reporting period fromMarch 2015 to February 2016
- K.T. Sukhalu, IAS (Retd) took charge of Vigilance Commissioner w.e.f. 30th March, 2015.
- Workshop on “The Nagaland Govt. Servants Conduct Rules, 1968” and “The Nagaland Services Discipline & Appeal Rules 1967” was successfully conducted on 14th October, 2015 at the Vigilance Commission’s Conference Hall.
- Vigilance Awareness week was observed on 26th October, 2015 at the State Academy Hall, Kohima to mark the observance of the Vigilance Awareness Week from 26thOctober to 1st November 2015 under the theme “Preventive Vigilance as a tool of Good Governance ”.
- Vigilance Commissioner addressed the function followed by administration of pledge to all the members present.
- An Inter-College Debate Competition was organized for the college students. A total of 10 (ten) Colleges from Kohima participated and prizes were distributed to the best three participants.
- Commission officers attended “Training on e-Governance & Way forward” organised by the Department of IT&C in collaboration with e-Governance Academy, Estonia for IT Nodal Officers of all the Departments at Convention Centre on 30th November, 2015.
Over the years with the economic liberalization coupled with Foreign Direct Investment in the Country, India has made an impressive growth in its economy. It may be mentioned that the introduction of flagship programmes, such as, MGNREGA, the RTE Act, NRHM, the Food Security Bill and many more flagship programmes of the Government of India has made an impact on the village economic conditions in the Country.
However, it is our experience that such programmes are fraught with mis-utilisation and mismanagement. The remedy lies with the judicious utilisation of funds by the nodal departments which can affect an effective delivery system to the targeted group.
Our analysis also shows that the number of complaints against corruption has come down but the amount of embezzlement has increased from few thousands of rupees to several crores of rupees. In the age of information technology the State Vigilance Commission is developing its own website to make information available to citizens and also to enable them register online complaints for speedy conduct of investigation into cases of corruptions.
The Disciplinary Authorities must ensure the integrity of government servants working under their respective establishments and not depend solely on the Vigilance Commission & Anti-Corruption agency to check complaints of corruption, misconduct and misdemeanours of the public servants for omissions and commissions of offences in discharging their duties.
No. of cases registered during March 2015- February 2016 :36 cases.
- Regular Cases (R.C.) : 3 cases
- Preliminary Cases (P.E.) : 33 cases
Total : 36 cases
No. of cases brought forward from previous year: 67 cases
- Regular Cases (R.C.) : 37cases
- Preliminary Cases (P.E.) : 30cases
Total : 67Cases
Total Number of cases investigated during the period : 36 + 67 = 103 cases
Imposition of Penalties/Conviction and status of action taken : 22 cases
| Sl. No. |
Case No. | Nature of Allegation | Number of persons penalised/convicted and status of action taken |
| 1 | A.VIG-8/2014 | Complaint against illegal appointments/ absorption and regularization of officers in the Department of Industries and Commerce | Dropped due to lack of evidence |
| 2 | E.VIG-18/2004 | Verification of medical reimbursement bills in r/o 1 (one) MT PHQ, 1 (one) S.I. of Statistics and 1 (one) ex-Primary Teacher | Administrative warning issued to 1 (one) Medical Officer |
| 3 | A.VIG-11/2012 | Complaint against construction of Road from Diezephe to Razaphe via Vidima | Closed on completion of work |
| 4 | A.VIG-4/2014 | Complaint against the Excise Department, Nagaland on pilferage of 2054 cases of IMFL/Beer | Administrative warnings served to :
1(one) Supt. of Excise 2(two) Inspectors |
| 5 | B.VIG-1/2006 | Misappropriation of money allotted to the Educated Unemployed Union of Nagaland (EUUN) by the President, EUUN | An amount of Rs. 30,000/- recovered and deposited through Challan |
| 6 | A.VIG-1/2015 | Complaint against one person for holding 2(two) posts. | Allegation found baseless |
| 7 | A.VIG-23/2015 | Complaint against one BDO for drawing an amount of Rs. 17,29,120/- under MGNREGA from the public union Chingmei Village’s Account. | Closed on refunded of the amount to the Union. |
| 8 | A.VIG-2/2014 | Complaint against misuse of MGNREGS funds in Kikruma Village | Closed on settlement between the 2(two) parties. |
| 9 | A.VIG-11/2015 | Excess payment of Rs. 2.09 crore to lessee against the cost of energy generated from LHEP under Power Deptt. | Closed as allegation of excess payments does not arise. |
| 10 | R.C.-1/2010 | Verification of HSLC Admit Card & Mark Sheet in r/o one Supervisor, Sericulture Deptt. | 1 (one) Supervisor convicted to pay a fine of Rs. 5000/- in default to undergo 1 year R.I. |
| 11 | R.C.-6/2014 | Fictitious payments or Rs. 36.95 lakh under the E.E. (R&B) South Division. | Prima facie not established |
| 12 | R.C.-7/2008 | Complaint against withdrawal of Rs. 82,25,000/- by one Contractor without execution of various developmental projects at Oting Village. | Closed on completion of incomplete construction works. |
| 13 | R.C.-19/2010 | Double employment of the same person against 2 (two) posts. | 2 (two) persons were convicted to pay a fine of Rs. 5000/- each and
1 (one) person a fine of Rs. 40,000/- |
| 14 | R.C.-14/2010 | Fraudulent drawal of Travelling Allowance (2008-2009) | 1(one) Headmaster and 1(one) STO discharged from liabilities. |
| 15 | R.C.-5/2006 | Illegal deduction of 50% of ADA Arrears in r/o work charge staff under Housing Department | Administrative warnings issued to:
1(one) UDA 2(two) SA Amount recovered: Rs. 6.30 lakh |
| 16 | R.C.-2/2010 | Possession of false certificate for employment as ANM/FHW in the Medical Deptt. | 2 (two) ANM/FHW terminated from service |
| 17 | R.C.-1/2013 | Complaint against procurement of false appointment order | Allegation could not be established. |
| 18 | R.C.-14/2009 | Complaint against 1(one) person for holding 2(two) posts | 1(one) P/T convicted to pay a fine of Rs. 10,000/- in default to undergo 6 (six) months S.I. |
| 19 | R.C.-10/2010 | Misappropriation of funds meant for Tsutsung M.I. Projects under Mokokchung Dist. (2008-09) | Administrative warning issued to the then E.E. (I&FC) |
| 20 | R.C.12/2012 | Complaint pertaining to Financial Assistance for construction of Margaret Shishak School of Music Building at Patkai Christian College, Chumukedima, Dimapur | Prima facie not established. |
| 21 | R.C.-9/2010 | Misappropriation of food grains meant for APL & BPL Beneficiaries | Dropped due to lack of evidence. |
| 22 | R.C.-13/2012 | Complaint against the Deptt. of Horticulture for gross misappropriation under various CSS Scheme | Dropped due to lack of evidence |
| NUMBER OF PERSONS PENALISED/CONVICTED | ||
| Sl. No. |
Particulars | Total Number |
| 1 | Number of Gazetted officers | 7 |
| 2 | Number of Non-Gazetted employees | 7 |
| 3 | Number of Public Servants, Private etc. | 3 |
| GRAND TOTAL (No. of persons involved etc.) | 17 | |
Cases under Investigation : 76 cases
| Sl. No. |
Case No. | Nature of Allegation |
| 1 | R.C-11/2012 | Complaint against condemnation and dismantling of Govt. quarters |
| 2 | R.C -8/2014 | Doubtful expenditure on free distribution of LPG connections |
| 3 | R.C-2/2013 | Condemnation and dismantling of Govt. quarters |
| 4 | R.C-11/2014 | Misuse of funds under Horticulture Technology Mission |
| 5 | A.VIG-4/2008 | Confirmation withdrawal of GPF final payment an amount of Rs. 81,689/- |
| 6 | A.VIG-6/2008 | Appointment of Primary Teacher at GPS Khusomi village without verification of his fake certificate of PU Pass |
| 7 | A.VIG-1/2013 | Non-completion of work for improvement of road from Mini Hydro Project Tehok-Chenloisho after a lapse of 6 (six) years. |
| 8 | A.VIG-5/2014 | Illegal regularization of 20 work charge employees |
| 9 | A.VIG-12/2015 | Payment of Rs. 3.46 crores on fictitious measurements of 40 projects |
| 10 | R.C-20/2010 | Appointment of work charge employees despite being banned |
| 11 | R.C-21/2010 | Forged signature of the appointing authority in the appointment order. |
| 12 | R.C-2/2014 | Complaint against DTO, Zunheboto for issue of fake/fraudulent driving license. |
| 13 | B.VIG-2/2010 | Anomaly of Chukitong Village Development Board (VDB) |
| 14 | R.C-6/2011 | Appointment made without sanctioned post/suspected forged signature of the Authority |
| 15 | R.C-5/2014 | Complaint against construction of road from old Phek via Khuza to Satakha |
| 16 | A.VIG-14/2015 | Unexecuted project worth Rs. 0.38 crore at Amiyighoki of Zutovi village but completion report furnished |
| 17 | A.VIG-2/2015 | Non-completion of Cricket Stadium at Sovima mount to Rs. 74.83 crores since 2009 |
| 18 | A.VIG-26/2015 | Verification into genuineness of claim for family pension after a lapse of 36 years |
| 19 | A.VIG-30/2015 | Complaint against the National Lake Conservation Project under PHE Department |
| 20 | A.VIG-02/2016 | Complaint against non-execution of PMGSY road construction work. |
| 21 | R.C-4/2011 | Appointment against fake vacancy under School Education Department |
| 22 | RC-9/2014 | Withdrawal of medical advance under the Industries Department |
| 23 | R.C-10/2014 | Misappropriation of Rs. 3 crores for construction of ropeway between Puliebadze and Kohima Village |
| 24 | A.VIG-5/2015 | Undue benefit of Rs. 10.25 crore to a local contractor for setting up of MRI |
| 25 | A.VIG-18/2015 | Mis-utilization of Rs. 5.49 crore meant for procurement of stone boulder and chips |
| 26 | A.VIG-14/2012 | Gross misuse of VDB fund under NREGA under RD Block Wokha |
| 27 | A.VIG-31/2015 | Complaint against DRDA, Kiphire for manipulation of funds under NREGA Project during 2013-14 and 2014-15 |
| 28 | R.C-5/2011 | Misappropriation of old age pension & disabilities fund under Social Welfare Department, Longleng |
| 29 | R.C-5/2012 | Forgery/impersonation in the appointment of Medial Attendant |
| 30 | A.VIG-1/2014 | Misappropriation of project funds without execution of work at Thevopisü Village, Phek District |
| 31 | A.VIG-15/2012 | Forgery, cheating funds under Social Welfare |
| 32 | B.VIG-3/2012 | Complaint against irregularities under Central Store Electrical Department, Dimapur |
| 33 | R.C-1/2014 | Authentication of appointment order under different Health Units in Wokha |
| 34 | A.VIG-8/2015 | Short receipt of equipment worth Rs. 0.81 crore in four test checked districts from the equipment issued by SHS during 2009-2014 |
| 35 | R.C-3/2015 | Misappropriation of Accelerated Irrigation Benefit Programme (AIBP) Scheme by the Executive Engineer (Irrigation), Phek |
| 36 | R.C-2/2015 | Irregularities in the selection of MBBS/ BDS through NSPMT |
| 37 | A.VIG-29/2015 | Complaint against PHE Department for misuse of funds under maintenance. |
| 38 | B.VIG-1/2010 | Procuring fake certificates and getting into government service under Education Department |
| 39 | B.VIG-4/2014 | Forgery and financial misappropriation at Mt. Tiyi Govt. College, Wokha |
| 40 | A.VIG-3/2015 | Fictitious expenditure amounting to Rs. 0.19 crore without execution of work meant for construction of 2 (two) Sub-Centres |
| 41 | A.VIG-7/2015 | Purchase of 50 types of medicines and seven equipment above the maximum retail price for Rs. 0.75 crore |
| 42 | A.VIG-24/2015 | Matter relating to GEF-UNDP in Nagaland |
| 43 | A.VIG-7/2014 | Drawal of Rs. 10,00,000/- for ghost work charge employees under Directorate of Irrigation & Flood Control |
| 44 | A.VIG-4/2015 | Fictitious expenditure amounting to Rs. 0.39 crore without execution of work |
| 45 | A.VIG-27/2015 | Illegal registration of GVW under Transport Department |
| 46 | A.VIG-01/2016 | Complaint against misappropriation of CSS under Social Welfare Department |
| 47 | A.VIG-3/2014 | Settlement of GPF Final under SDEO Mokokchung |
| 48 | A.VIG-16/2015 | Allowance of rs78.51lakhs in 15 bills against non-existent employees |
| 49 | A.VIG-5/2013 | Complaint against tampering of date of birth in the service book under NST Deptt. |
| 50 | R.C-9/2012 | Pension objection in respect of Lt. P. PiholiSema P/T |
| 51 | A.VIG-3/2010 | Fake education certificate and overage during the time of appointment under Education Department |
| 52 | A.VIG-9/2015 | Short receipt of medicines worth Rs. 0.72 crore under Medical Department |
| 53 | R.C-3/2011 | Appointment against non–existent vacancies under Education Department |
| 54 | B.VIG-2/2014 | Complaint against the Power Dept. for executing ‘Deposit Work’ departmentally in all the electrical division without authorized electrical contractor |
| 55 | A.VIG-10/2015 | Short receipt of medicines and equipment worth Rs. 1.66 crore with Central Store of NRHM though full payment was released to the suppliers |
| 56 | A.VIG-13/2015 | Payment of Rs. 0.71 crore to the contractors against incomplete and abandoned project under Irrigation & Flood Control Department |
| 57 | A.VIG-22/2015 | Complaint against the office of CMO, Kiphire for misuse of fund under NRHM Project (ASHA, JSK, JSSK) during 2013-15 |
| 58 | A.VIG-1/2011 | Appointment of daughter against the bogus vacancy of the mother under Education Department |
| 59 | A.VIG-12/2012 | Holding of 2 (two) posts and modification of name as Forest Guard, Kiphire and under SDEO Dimapur |
| 60 | A.VIG-3/2013 | Misuse of funds under Power Department (Jalukie, Peren and Ganeshnagar) |
| 61 | A.VIG-17/2015 | Drawal of Rs. 1.24 crore meant for implementation of National Land Records Modernization Programme by forging APRs in the name of three District Land Records and Survey Officers |
| 62 | B.VIG-1/2014 | Installation against Solar Power Plant without authorized electrical contractor |
| 63 | A.VIG-21/2015 | Irregular appointment/regularization/grant of scale pay/promotion under NPWD in r/o 164 employees |
| 64 | A.VIG-19/2015 | Evasion of tax by M/s Kaho Motors and M/s Urban Station, Dimapur |
| 65 | B.VIG-2/2012 | Bogus Primary Teacher at GPS, LioLongidang, Bhandari, Wokha |
| 66 | A.VIG-15/2015 | Discrepancy between records of measurement and actual execution and payment made mounting to Rs. 1.05 crore |
| 67 | B.VIG-1/2012 | Possession of fake educational certificate under GHSS, Aboi, Mon |
| 68 | A.VIG-6/2015 | Rs. 0.20 crore released to three contractors against unexecuted construction of 4 (four) BHOs |
| 69 | A.VIG-20/2015 | Assessing Authority did not consider the records of the Check Posts/ Mobile Squad while scrutinizing the Returns and passed the assessment order which led to an evasion of tax amounting to Rs. 63.53 lakh with an interest levy able of Rs. 59.26 lakh. |
| 70 | A.VIG-25/2015 | Verification into genuineness of claim for family pension after a lapse of 31 years under Forest Department |
| 71 | A.VIG-28/2015 | Financial irregularities under AYUSH Programme |
| 72 | B.VIG-3/2014 | Execution of electrical installation work by unauthorized contractor |
| 73 | A.VIG-4/2007 | Fraudulent drawal of GPF payment under Education Department |
| 74 | R.C-1/2015 | Misappropriation of IEDSS fund meant for disabled students by School Education Deptt. |
| 75 | R.C-3/2014 | Complaint against DTO, Wokha for issue of fake/fraudulent driving license. |
| 76 | R.C-7/2014 | Construction of Swimming Pool and fictitious payment thereof under the Youth Resources Department |
Gist of the physical achievement report
- E. : Preliminary Enquiry.
- C. : Regular Case (Criminal)
- F. : Screening File.
| Sl.
No. |
Particulars | Case Series | ||
| P.E. | R.C. | Total | ||
| 1 | No. of cases where action was taken | 9 | 13 | 22 |
| 2 | No. of cases under investigation | 54 | 22 | 76 |
| 3 | No. of cases under Trial | 04 | 04 | |
| 4 | No. of cases where F.R. Submitted to the Court | 01 | 01 | |
| 5 | Total Number of Cases investigated during the period | 103 | ||
| 6 | Amount/material recovered | i) Amount : Rs. 6,60,000/- (six lakh sixty thousand) only. | ||
| 7 | Construction of works was taken up by the Contractors/Department concerned on the direction and recommendation of the Vigilance & Anti-Corruption Police. | Positive Vigilance :
i) Diezephe to Razhaphe-Road & Bridge. ii) Oting village- Retaining wall, Public toilet etc. |
||
Number of cases registered and investigated with various Government Department during March 2015 to February 2016
| Sl. No. | Name of the Department | Number of cases |
| 1 | School Education | 20 |
| 2 | Health & Family Welfare | 17 |
| 3 | Rural Development | 8 |
| 4 | PWD | 13 |
| 5 | Dimapur Municipal Council | 1 |
| 6 | PHED | 3 |
| 7 | Transport | 4 |
| 8 | Police | 1 |
| 9 | Food & Civil Supply | 2 |
| 10 | Social Welfare | 3 |
| 11 | Power | 5 |
| 12 | Youth Resources | 2 |
| 13 | Forest | 3 |
| 14 | Horticulture | 2 |
| 15 | New & Renewable Energy | 1 |
| 16 | Excise | 1 |
| 17 | Industries & Commerce | 2 |
| 18 | Irrigation & Flood Control | 7 |
| 19 | Deputy Commissioner Office | 1 |
| 20 | Technical Education | 1 |
| 21 | Higher Education | 1 |
| 22 | Soil & Water Conservation | 1 |
| 23 | Land Records & Survey | 1 |
| 24 | Taxation | 1 |
| 25 | Finance | 1 |
| 26 | Sericulture | 1 |
| 27 | Planning and Co-ordination | 2 |
| Total | 105 | |