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Officers posted to Vigilance enjoy all powers of a police officer as per provisions of the Cr. P.C. All the five divisional headquarters have been declared as police stations, with powers to register cases and investigate them in respect Sections 409, 419, 420, 468 and 471 of the Indian Penal Code against public servants and other conniving with them and under specific Acts including the Prevention of Corruption Act, 1988, Forest Act, Essential Commodities Act, 1955, Prevention of Food Adulteration Act, 1954, Weights and Measures Act, 1985, Drugs Control Act, 1950 and the Motor Vehicles Act, 1988. The State Government has empowered Inspectors of Vigilance to investigate cases under the Prevention of Corruption Act.
The State Vigilance inquires into and investigates all types of corruption cases against public servants. The term 'public servant' has been defined in detail in the Prevention of Corruption Act, 1988. However, broadly speaking it includes any one in the service of the Government/PSU and it includes political functionaries like M.L.A, M.P,Functionaries of the Zilla Parishad, Panchayat Samities, Urban Local Bodies and Officers working in Govt. aided Co-operatives, etc.
The State Vigilance is competent to take up open enquiries and investigation of criminal cases under the specific Acts as notified by the Government. There is no restriction on the power of the State Vigilance except one executive instruction stipulating that prior permission of Government is required when enquiry is taken up against public servants of and above class-I status. Open enquiry is conducted only after due secret verification.
Types of cases registered by the Vigilance are as under :-
This is a case where on receipt of a complaint of demand for illegal gratification by any public servant, and on prime facie satisfactions of the genuineness of the complain, Vigilance officers along with the complainant proceed to the appointed place where the public servant has arranged to accept the demanded amount. The public servant is trapped while accepting the amount from the complainant. In such cases, the presence of the complainant or his representative is a must. There is arrangement for reimbursement of the bribe money after execution of the Trap on the representation of the complainants.
Whenever any public servant acquires property beyond his means he is said to have assets disproportionate to his known sources of income. “Known sources of income” includes his salary and other amounts like advances and loans, but does not include income from unlawful sources and the income not intimated to the appropriate authorities as per laws and rules. Identity of the complainant is kept secret and he is never exposed at any stage of the inquiry, investigation or trial. When the information so furnished leads to detection/seizure of the said property (ies) and registration of Criminal Cases, due rewards are given to the informants.
This category covers a wide variety of cases involving specific corrupt acts by public servants like showing favour to a particular party in award of contracts, purchase of items at higher rates, misappropriation of Government money by showing false or fabricated purchases, illegal appointments and show of favour in appointments, execution of substandard work etc. and causing any undue pecuniary advantage to any one, without any public interest. Such cases are registered on specific allegations. In these types of cases also the identity of the complainant will be kept secret and he shall not be exposed at any stage of the inquiry, investigation or trial.