• Options for officer in Agreed List

Question is in regard to agreed list.What all options are there for officer to prove himself right, if he has been included in agreed list? How to pursue this case?
Asked 7 years ago in Labour

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8 Answers

1) Agreed Lists will be prepared of officers of gazetted status

against whose honesty or integrity there are complaints, doubts or

suspicious after consultations between the officers of the Departments

concerned and of CBI.

2) The following action will be taken in respect of officers on these

agreed lists by the Departments or the Undertakings and by the C.B.I.:-

(I) Closer and more frequent scrutiny and inspection of their

work and performance by the Departments concerned,

particularly in spheres there is scope for discretion or for

showing favours.

(II) Quite check about their reputation both by the

Department and the C.B.I.

(III) Unobtrusive watch of their contracts style of living etc.

by the C.B.I

(IV) Secret enquiry by the C.B.I. about their assets and

financial resources. The Departments will make

available their property returns and other relevant

records to the C.B.I.

(V) Collection of information by the C.B.I. of specific

instances of bribery and corruption practices.

8. If these secrets checks and enquiries revel positive material,

open enquiries will be started by the C.B.I. and further action taken in

the light of the results of that enquiry. It may be emphasized that no

adverse or punitive action is contemplated against any officer on these

lists unless these checks, verifications or enquiries bring for the

adequate material to reasonably conclude that he is lacking in integrity.

These agreed lists will remain in force for one year from the date of

preparation. At the end of this period, the list will be reviewed and the

name of those officers against whom there is not sufficient evidence to

proceed against will be deleted from the list.

3) your name would be deleted from agreed list after one year if there is no sufficent evidence to proceed against you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Please note that Agreed Lists will be prepared of officers of gazetted status against whose honesty or integrity there are complaints, doubts or suspicious after consultations between the officers of the Departments concerned and of CBI. Except in regard to Port Trusts, Public sector Undertakings and Union Territories these lists will be settled by discussion at Delhi between the Head of the Departments concerned and the additional I.G.P. and the D.I.G(Spl) of the CBI. The agreed lists relating to Port Trusts, Public Sector Undertakings and Union Territories will be settled by mutual discussion between the Head of the Port Trust or the Public Sector Undertakings or the Chief Secretary of the Union Territory concerned and the D.IG. of Police C.B.I and the S.P. of the local Branch of the C.B.I .

Since it is a mere confidential preparatory list only on which basis no action is taken unless and until the CBI or CVC starts investigation . Moreover this list is not public either or has any force in law so you can challenge this in court .

So presently you could nothing as it is premature stage and wait if any investigation is started agaisnt you. if it starts then only you can take future line of action including taking of bail.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) decision to include name of officer is done in consultation with CBI

2) CBI would not have agreed for inclusion of officer name unless it was convinced that there are complaints about officer integrity

3) officer would have to wait for completion of one year .

4) if there is no incriminating material found his name would be remove from the list

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Dear Sir...

Regarding your promotion of service..you are free to file the matter in Central Administrative Tribunal...

before that you can collect alll the documents..

Regards..

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. If his promotion was held up for this reason he can challenge delay in promotion in CAT/High Court.

2. This is job hazards and you have to suffer unless you have clinching evidence of ala fide intention behind this act.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Question is in regard to agreed list.What all options are there for officer to prove himself right, if he has been included in agreed list? How to pursue this case?

Agreed Lists will be prepared of officers of gazetted status against whose honesty or integrity there are complaints, doubts or suspicious after consultations between the officers of the Departments concerned and of CBI.

The lists will be termed as the ‘list of Public Servants of Gazetted status of Doubtful Integrity’. It will include names of those officers only who, after enquiry or during the course of enquiry, have been found to be lacking in integrity. It will thus include the names of the officers, with certain exceptions

If the secret checks and enquiries revel positive material, open enquiries will be started by the C.B.I. and further action taken in the light of the results of that enquiry. It may be emphasized that no adverse or punitive action is contemplated against any officer on these lists unless these checks, verifications or enquiries bring for the adequate material to reasonably conclude that he is lacking in integrity. These agreed lists will remain in force for one year from the date of preparation. At the end of this period, the list will be reviewed and the name of those officers against whom there is not sufficient evidence to proceed against will be deleted from the list.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Officer has been removed from sensitive seat. Name of officer has been included in the list by authorities by being under the influence of officers senior manager. Manager is responsible for all this misery.

In the event of the officers being transferred to another Ministry/Department/Undertakings, the Vigilance Officer concerned should intimate to his opposite number in the Ministry/Department/ Undertaking the fact of the officer’s name being on the list, endorsing a copy to the Central Bureau of Investigation.

The lists cannot be and are not meant to be fully exhaustive and these will not fetter the discretion of the Government in any way.

So is there any provision in Indian law for officer to defend himself? or officer have to suffer for one year due to false allegations and politics of manager? Isn't there any immunity to get out of these false allegations? Why shall officer suffer for one year by being out of sensitive seat?

The officer will be given opportunity to be heard.

He can express his innocence in the form of an affidvit also an he also may be entitled to question the evidences which have been given against him.

In the set up where the corruptions and politics are dominating, innocent people will be victimised for their innocence for for not knowing the world around them. No doubt such actions may result in irretrievably tainting

their reputations, but they are helpless in this regard except to file a writ before high court to get their grievances redressed.

The judgment in the following case would be of some value and use to you in the given circumstance:

Delhi High Court

Sh. S.K. Mutreja vs Union Of India (Uoi) And Ors. on 19 January, 2005.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Has any chargesheet been issued to the officer to notify him of the allegations made against him and to enable him to reply to those? The question of proving innocence arises only if there is an allegation. Your query is silent on what allegations have been leveled against the officer. Consult a lawyer personally with complete facts.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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