Food Safety & sequrity

1. WHAT TO EXPECT
• INTRODUCTION
• POLICY INITIATIVES FOR TIMELY DEPARTMENTAL ACTION
• INITIATIVES FOR NATURAL JUSTICE & EASE OF WORKING
• TIMELY SUBMISSION OF IPR
• COMPLAINT HANDLING POLICY AND PIDPI
• SENSITIVE DIVISIONS, POSTS AND REGIONS
• AMENDMENTS IN PC ACT
• SOME LESSONS FROM PAST INCIDENTS

2. Vigilance Set up of FCI
cvo
GM
(Vigilance)
DGMs
AGM/
Managers/
Assistants
GM
(Vigilance Squad
& A&R)
DGM
AGM/
Managers/
Assistants
The Vigilance Division of FCI is headed by Chief Vigilance Officer (ED
(Vigilance) who is assisted by a team of officers of various ranks.
The offices of FCI at Zonal and Regional level too have vigilance
units to assists the respective Zonal Executive Directors and General
Managers.

3. DISCIPLINE AND APPEAL :COMPETENT AUTHORITIES
3
POST Zone/
Region
/District
Appointing
Authority
Authority to impose
penalty
Appellate
Authority
Authority Penalties
Category-I MD MD All penalties Chairman
Category-II Region ED (Zone) GM Minor ED (Zone)
Zone ED(Zone) All MD
Category-III District GM (R) DM Minor GM (R )
Region GM All ED (Zone)
Zone GM (Zone) GM (Zone) All ED (Zone)
Category-IV District DM DM ALL GM (R )
Region AGM/ DGM (R) AGM/ DGM All GM (R )
Zone AGM AGM All ED (Zone)

4. OBJECTIVE OF VIGILANCE ADMINISTRATION
• Effective Vigilance Administration, with strong preventive and
punitive measures - eliminate the possibility of corrupt and
unfair practices in public administration.
• Incremental use of technology is best preventive measure.
• One of the ways to improve vigilance administration is to
ensure timely initiation and completion of departmental action.

5. OBJECTIVE OF VIGILANCE ADMINISTRATION (CONTD.)
• Undue delay has the potential to demoralize an honest employee, whose name
might have been included as a Suspected Public Servant, by virtue of RDA.
• On the other hand, delay in penalizing a corrupt employee, provides him more
opportunities to indulge in corrupt activities.
• Delay also sends wrong signals about the administrative functioning of the
organization, indicating towards lack of intent and effectiveness in handling acts of
improper conduct of its employees.
WHY SWIFT DEPARTMENTAL ACTION IS MUST

6. OBJECTIVE OF VIGILANCE ADMINISTRATION (CONTD.)
• The Policy of utilizing the service of retired officers as Inquiry Officers was implemented in
FCI on 03.09.2020 vide Circular No. 06/2020 to expedite Inquiry proceedings. Empanelment
of Retired Officers as Inquiry Officers done on priority and finalized on 20.01.2021.
• Circular No. 09/2020 dated 12.10.2020 for timely production of documents within One month
of receipt of requisition by Inquiry Officers was issued.
• In terms of Gazetted Notification dated 07.12.2020, amendment in FCI Staff Regulation 58
has been done to incorporated appearance thru VC in Inquiry Proceedings in line with extant
guidelines.
• Circular No. 10/2020 Dated 12.10.2020 issued regarding timely Completion of Inquiry by the
Inquiry Officers in stipulated Six Months.
INITIATIVES TAKEN TO EXPEDITE DEPARTMENTAL ACTION

7. OBJECTIVE OF VIGILANCE ADMINISTRATION (CONTD.)
Circular No. 11/2020 dated 19.10.2020 has been issued directing that finalisation of
cases against the Cat.I Officers shall be done at Hqrs. level and following cases shall
be forwarded to Hqrs. for taking final view:-
• Zone/Region has issued SCN and has come to conclusion that Charge sheet is
not to be issued.
• Complaint cases involving Cat.I Officers or any other case being dealt at Hqrs.
level.
• If any irregularity having vigilance angle is observed in Complaints/Inspection
Reports/Audit Paras being dealt RO/ZO level, the same should be forwarded to
Vigilance Division, Hqrs. even if no action is warranted.
INITIATIVES TAKEN TO ENSURE NATURAL JUSTICE TO OFFICIALS

8. OBJECTIVE OF VIGILANCE ADMINISTRATION (CONTD.)
● Circular dated 09.11.2020 has been issued that while conducting
investigation, versions of suspected Officer/Official on the allegations should
be taken and the reason why the version of the Officer/Official is not tenable /
acceptable should be recorded in report before arriving at a conclusion.
● Circular dated 19.09.2022 has been issued directing the Zones/Regions that,
while forwarding recommendation to initiate disciplinary proceedings against
Cat.I officers, they shall not mention Regulation 58 or 60 but only furnish
statement of misconduct. Such recommendations from Region should be sent
to respective Zones for further examination/comments and onward
submission to Hqrs.
INITIATIVES TAKEN TO ENSURE NATURAL JUSTICE TO OFFICIALS

9. OBJECTIVE OF VIGILANCE ADMINISTRATION (CONTD.)
● Circular dated 09.05.2022 has been issued for uniform adoption of authority
empowered to accord Vigilance Clearance:
INITIATIVES TAKEN TO INCREASE DELEGATION
Office Officers/officials Authority to accord Vigilance
Status/Clearance
Zonal Office Category II CGM/ GM(Vigilance), ZO
Regional Office/
DO/Depot
Category III/IV DGM (Vigilance), ZO
(AGM(Vig) if DGM(Vig) is not posted)
Category III/IV DGM(Vigilance), RO
(AGM(Vig) if DGM(Vig) is not posted)

10. OBJECTIVE OF VIGILANCE ADMINISTRATION (CONTD.)
● Vide Circular No. 01/2022 dated 13.09.2022 timely filing of IPR has been
made mandatory pre-condition for grant of vigilance clearance.
● Vide letter dated 13.10.2022 :IPR is a mandatory pre-condition for vigilance
clearance for empanelment/promotion, deputation, permission for applying for
other job, resignation, posting on sensitive posts, assignments and training
program (except mandatory training), issue of passport, permission to visit
foreign countries, incentive increment and permission for acquiring additional
qualification.
● In case of deviation, merits of the cases of delay in filing IPR for the year
2021 shall be examined by the personnel/ establishment division of offices
concerned and genuine delay cases may be considered.
INITIATIVES TAKEN TO INCREASE ACCONTABLITY OF OFFICIALS

11. ● The complainant should give his name, complete address and the written
complaint should be signed by him.
● Before initiating action on complaints, confirmation and identity proof
should be obtained from the complainant.
● Anonymous/pseudonymous complaints are not to be entertained.
● The contents of the complaint should be specific, verifiable and should
have a vigilance angle. Redressal of grievances should not be the focus
of complaint.
GUIDELINES ON COMPLAINT HANDLING MECHANISM

12. • Vide Circular No. 01/2022 dated 22.02.2022, the Circular No. 03/2020
dated 15.06.2020 has been withdrawn and it is stipulated that the
complaints received vide email shall be dealt as per para 16 of Circular
No. 01/2020 dated 30.01.2020 as below: -
“Complaints received vide email should contain postal address and
mobile/telephone number, if any, of the sender. Complaints without
such information are to be treated a anonymous or pseudonymous
and filed”.
• SOP for handling repetitive complaints has been issued vide 25.04.2022
GUIDELINES ON COMPLAINT HANDLING MECHANISM

13. PIDPI:Public Interest Disclosure and Protection of Informers
➢ PIDPI resolution, authorizes the CVC as the designated agency to receive written
complaints on any allegation of corruption under it.
➢ As per Amendment dated 14th Aug, 2013, CVOs of the Ministries or Departments of
the Government of India are also authorized as the designated authorities to receive
complaints.
➢ Now, only CVOs of the Ministries or Departments of the Government of India are
authorized as the designated authorities. Other CVOs of different Public authorities
are not allowed to receive a PIDPI complaint.
➢ Earlier GM (Vig), FCI was authorized to receive PIDPI Complaints. As per
CVC’s direction and resolution by Board on 10.08.2022 the provision has been
withdrawn.

14. PIDPI: Guidelines
➢ Complaints should be sent via post to the Secretary, CVC or CVO of the
Ministry only. Envelop should be super scribed as ‘complaint under the Public
Interest Disclosure’. Complaints received through emails, Complaint
Management Portal or any other electronic medium will not be entertained.
➢ The PIDPI complainant should give his/her name and address in the beginning
or end of complaint or in an attached letter. The name and address should
NOT be mentioned on the envelope.
➢ In order to protect identity of the person, the complainants are advised not to
enter into any further correspondence with the Commission

15. PIDPI : Key Features
➢ The identity of the complainant not to be revealed.
➢ If complainant feels aggrieved as a result of any act of
victimisation, they may seek redressal.
➢ CVC may give suitable directions for extending protection to
the complainant to the concerned public servant or the public
authority as the case may be.

16. PIDPI: Guidelines
➢ In line with PIDPI guidelines D/o
Posts has issued circulars that
wherever PIDPI is inscribed on the
envelope, the name and address
shall not be insisted upon

17. SENSITIVE POSTS AND REGIONS
● Complete review of all sensitive posts was done in
consultation with all Operating Divisions and on
25.02.2021, sensitive posts were revised.
● For the first time, policy of declaring Sensitive Regions
based on objective factors was framed.
● Out of 26 FCI Regions, 10 Regions have been declared as
Sensitive Region.

18. SENSITIVE DIVISIONS: IDENTIFICATION
Based on the following five parameters, 40 sensitive Divisions finalized:
● Average Rice procurement > 3 lakh MT
● Average Wheat procurement >2 lakh MT directly by FCI,
● Reported quantity of damaged food grains more than 100MT in any two of the
three preceding years or 200MT in any of the three preceding years,
● High contract payments made to Contractors,
● Divisions reporting storage loss of more than 1% in 20% or more FCI manned
Depot’s in any of the last three financial years.

19. Action on list of sensitive postings
● Posting of Divisional Managers and AGMs (QC) would be decided by CMD.
● The tenure of Divisional Manager and AGM (QC) in a sensitive division
should not exceed three years.
● No officer be posted in sensitive district/division for a period of three
years after the currency of minor penalty and five years after the
currency of major penalty.
● At least one visit by Headquarters Vigilance squad and two visits by Zonal
Vigilance squads in as season to each sensitive districts/divisions.

20. Amendments in PC Act
➢ Parliament has amended on July 24, 2018 certain key provisions of PC Act,
1988. Now it is PC(Amendment) Act, 2018.
➢ Prior sanction for prosecution has been made applicable even for retired
officers(Sec-19).
➢ Now prior Govt. approval is needed even to initiate investigation into
corruption charges against all Public Servants.(Sec-17-A)
➢ Earlier it was available only to JS and above, and that too was quashed by
Hon’ble SC in May, 2014.

21. Court Judgement of Madras HC in Section 17-A
Hon’ble HC of Kerala in the case of Shankara Bhat vs State of Kerala on
27.08.2021 in Crl. MC 3960/2019, held:
➢ Under Section-17A previous approval is required for an investigation into
any offence “ where the alleged offence is relatable to any recommendation
made or decision taken by such public servant.”
➢ The cases which involve falsification of accounts, breach of trust and
misappropriation of funds, no prior approval under Section 17A is required.