Haryana

VIGILANCE NOT A DEPTT IN HARYANA GOVT BUT RATHER PART OF GENERAL ADMN DEPTT UNDER BUSINESS ALLOCATION RULES, SAYS ADVOCATE

February 15, 2023 08:49 PM

EVEN VIGILANCE DOESN'T FINDS MENTION IN THE LIST OF PORTFOLIOS CURRENTLY HELD BY HARYANA CM, HOWEVER IN CASE OF PUNJAB, VIGILANCE IS A VERY MUCH A DEPTT UNDER BUSINESS ALLOCATION RULES

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Recently an Order has been issued by Haryana Government pertaining to changing the nomenclature of State Vigilance Bureau (SVB) to Anti-Corruption Bureau and further nomenclature of Divisional Vigilance Bureau to Divisional Anti Corruption Bureau with immediate effect. 

Pertinent that the aforementioned Order has been signed dated 9 Feb 2023 by Sanjeev Kaushal, Chief Secretary, Haryana along with the mention of Vigilance Department. Further, this Order has been circulated by the Under Secretary in the Vigilance Department on 13 Feb 2023. 

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar has pointed out that as per Business of the Haryana Government (Allocation) Rules, 1974 which have been made by the Governor of Haryana in exercise of the powers conferred by Clauses (2) and (3) of Article 166 of the Constitution of India and which have also been amended from time to time with most recent amendment being notified & enforced with effect from on 1st Jan, 2023, Vigilance as such is not in itself a Department in the Haryana Government but actually it comes under the General Administration Department. 

The Advocate further elaborated that the ibid 1974 Business Allocation Rules, under which Departments of State Government are created/merged/abolished etc., Vigilance is shown as one of the Sub-Heads under the main Head General Administration as figuring at Serial No. 21 therein. Apart from Vigilance, the other Sub-Heads under the Head General Administration are General, Political, Foreign Cooperation, Citizen Resources Information and Human Resources. Hence, even all of these are also not Departments of State Government but rather part of General Administration Department itself. 

As far as State of Punjab is concerned, Hemant said that since the term/word Vigilance as such finds mention separately within Government of Punjab Allocation of Business Rules, 2007 and as amended till date, hence it is very much a Department in the Punjab Government. Thus not only in the list of Portfolios currently held by Bhagwant Mann, Chief Minister, Punjab, there is a mention of Vigilance Portfolio (Deparment) but even VK Janjua, Chief Secretary, Punjab is being mentioned as Principal Secretary of Vigilance Department.

Hemant further told that prior to 1st Jan 2023, even Administrative Reforms use to be a Sub-Head under General Administration Department but now it has been transferred/merged within the General Sub-Head, asserts Hemant. Hence, as on date Administrative Reforms is not even a Branch in itself but part of the General Branch under the General Administration Department. 

Interestingly, even the term/word Vigilance as such does not find mentions in the Portfolios/Departments as currently held by Manohar Lal, Chief Minister, Haryana although there is very much mention of General Administration therein. This also substantiates that Vigilance as such is not a Department in Haryana in itself but rather only a branch under the General Administration Department.  

However, in the complete official designation of Sanjeev Arora, Chief Secretary, Haryana as currently displayed/uploaded on the official website of Chief Secretary, Haryana. he is being mentioned as Chief Secretary to Govt, Haryana, General Administration, Personnel, Training, Parliamentary Affairs, Vigilance, Administrative Reforms Departments & Secretary Incharge of Plan Coordination.

Hemant has written to State Government that since as per ibid 1974 State Business Allocation Rules both Vigilance as well as Administrative Reforms are not separate Departments but they rather come under the General Administration Department, hence when the word/term General Administration is itself mentioned in the designation of Chief Secretary, there is literally no need for further mentioning of Vigilance and Administrative Reforms as Departments which actually are part and parcel of the General Administration Department itself. 

As far as State of Punjab is concerned, Hemant said that since the term/word Vigilance as such finds mention separately within Government of Punjab Allocation of Business Rules, 2007 and as amended till date, hence it is very much a Department in the Punjab Government. Thus not only in the list of Portfolios currently held by Bhagwant Mann, Chief Minister, Punjab, there is a mention of Vigilance Portfolio (Deparment) but even VK Janjua, Chief Secretary, Punjab is being mentioned as Principal Secretary of Vigilance Department.

 
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