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2018 (12) TMI 1119 - HC - Indian LawsInitiation of disciplinary proceedings on advice of CVC (Central Vigilance Commission) - Held that:- The CVC was discharging its statutory function and exercising authority, inter alia, under section 8(1)(d) of the CVC Act. The process of calling for the views/ comments of the Ministry of Finance on the complaint received against the petitioner was a process undertaken to arrive at a decision whether to inquire into, or case an inquiry or investigation into, the conduct of the petitioner in respect whereof the complaint was made. Section 17 is not the sole repository of, and not the only mechanism by which the CVC exercises its jurisdiction under Section 8 of the Act. There is no question of the issue being “re-opened” by the competent authority after its closure since, in the first place, there was no closure - Merely because, on consideration of the advice given by the CVC, the competent authority has decided to issue the charge sheet to the petitioner vide memorandum dated 09.08.2012, it does not follow that the competent authority has not taken an independent decision - petition dismissed.
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