Odisha State Vigilance was created in the year 1944 as an enforcement organisation under erstwhile Supply and transport Department in order to enforce various control orders and enquire into cases of corruption amongst the staff of corruption Department. Later the said Organisation was reorganised and its name was first changed to “Anti-Corruption” and latter to “Vigilance” and it was felt necessary for expanding the above organisation in order to prevent leakages of public revenue and evasion of taxes.
Mostly three major types of cases are dealt by the State Vigilance.
(a) Trap Case:-This is a case where a complainant lodges written complaint regarding demand of illegal gratification by any public servant. After being satisfied about genuineness of the complaint, Vigilance officials along with complainant and official witnesses proceed to the appointed place where the public servant has decided to accept the demanded amount. The public servant is trapped while accepting the demanded tainted bribe money from the complainant. In this case presence of the complainant or his representative is a must. There is arrangement for reimbursement of bribe money to the complainant on representation by him for the same and execution of the trap successfully.
(b) Disproportionate asset cases:-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” means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. In these type of cases, identity of the informant is kept secret and is never exposed at any stage of the inquiry, investigation or trial. Appropriate rewards are given to the informants where such information so furnished leads to detection/seizure of illegal properties and registration of criminal cases against corrupt public servants.
(c) Miscellaneous cases:- This category of cases cover a wide variety of corruption by public servants like show of undue favour to a particular party in award of contracts, purchase of items at higher rates, misappropriation of Government fund by showing false fabricated purchases, forged documents, illegal appointments, execution of substandard work etc. thereby causing undue pecuniary advantage without any public interest. In such cases also the identity of the informant are kept secret and not exposed at any stage of enquiry, investigation or trial.
Informant/complainant may lodge written petition giving details of corruption practices of a corrupt public servant personally at Vigilance unit offices, Division offices or at Vigilance Directorate if he wishes. He can also send his petition by post / website: www.odishavigilance.gov.in / Vigilance Facebook / Toll Free Telephone number (1064), Control room no.0671-2305988 etc.
Except trap case, identity of the informant in other Vigilance cases is not mandatory.
Vigilance Department keeps the identity of the informant secret in almost all cases. However in trap cases only, complainant or his representative is required to submit a report against a public servant in order to prosecute him for demanding and accepting illegal gratification.
It is a chalked out plan which is designed and executed to catch a corrupt public servant while demanding/ accepting illegal gratification from a person in order to do or get his official work done. Bribe amount which is demanded by the corrupt public servant is arranged and brought by the complainant which is utilized during laying of trap.
In order to initiate trap against a public servant, there should be a complaint from any person from whom bribe is demanded. Vigilance Department cannot take up trap case suo motto.
Though Central Bureau of Investigation has been set off to function as Anticorruption Organisation mainly against Central Govt. officials and Central Govt. Undertakings, State Vigilance can take up such complaints, initiate action and subsequently transfer the cases to the CBI for its finalisation.
Prior to enquiry / registration of cases against State level officers and All India Cadre Officers, permission from the State Govt. and Central Govt. is mandatory.
Central Bureau of Investigation is primarily an Anti-Corruption Agency under Central Govt. It also investigates certain special category of offences under Indian Penal Code and big scams, as when directed by the Government and Hon’ble Court. Whereas, State Vigilance being the Anti-Corruption Agency of the state Govt., it enquires/ investigates offences mainly under Prevention of Corruption Act, 1988. Besides it also takes up scam cases relating to Evasion of taxes , certain offences under Orissa Forest Act,1972, Orissa Timber and other Forest Products Transit Rules, E.C.Act,1955 etc. But, State CID, Crime Branch investigates only special category of offences under Indian Penal Code, Bank fraud cases and other Economic offences as directed by the Government.
