New Delhi: The Central Vigilance Commission has told the central public sector enterprises (CPSEs) that all cases of fraud of over Rs 25 lakh must be handed over for probe to CBI rather than the local police.
"The commission has of late observed that the number of cases or instances involving criminal misconduct, including financial irregularities and frauds detected in the CPSEs, being referred to CBI for investigation are very few every year," it said in a directive issued to the 240 CPSEs across the country.
The CVC said it has noticed instances of some CPSEs referring cases prima facie involving criminal offences, financial irregularities and high-value fraud to local police authorities instead of handing the same to CBI.
It said that all cases of fraud wherein involvement of officials of a CPSE is prima facie evident shall be referred to the Anti-Corruption Branch of CBI. In cases where involvement of officials is not evident, they shall be referred to Economic Offences Wing of the central agency, it added.
CVC, which exercises superintendence over the vigilance administration of the CPSEs, said that as a general rule, investigation into criminal matters should be entrusted to CBI.
As per rules, all cases in which allegations are criminal in nature (i.E. Bribery, corruption, forgery, criminal breach of trust, possession of assets disproportionate to known source of income and cheating) or require inquiries to be made from non-official persons should be entrusted to CBI.
The cases which need expert police investigation for arriving at a conclusion or requiring investigation abroad should also be referred to CBI, the rules say.
It is also prescribed that the CPSEs should ordinarily send to CBI only such cases as involve transactions of not less than Rs 25 lakh and which have national or international ramifications.
"In other words, matters of prima facie commission of any criminal offence under the Indian Penal Code, Prevention of Corruption Act, 1988, or any other law are required to be referred to CBI by the CPSEs," the CVC has clarified.
