Frequently Asked Questions
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Any complaint which has a vigilance angle is said to be a Vigilance Complaint. As per Vigilance Manual 2017 clause 1.4, vigilance angle is as follows:
- i) Demanding and/or accepting gratification other than legal remuneration in respect of an official act or for using his influence with any other official
- ii) Obtaining valuable thing, without consideration or with inadequate consideration
- iii) n from a person with whom he has or likely to have official dealings or his subordinates have official dealings or where he can exert influence.
- iv) Obtaining for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his position as a public servant.
- v) Possession of assets disproportionate to his known sources of income.
- vi) Cases of misappropriation, forgery or cheating or other similar criminal offences.
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Apart from complaints related to corruption, malpractices or misconducton the part of BIS employees, BIS receives the following broad categories of complaints:
- i) ISI Marked/BIS Registration Mark/BIS Hallmark – Product Quality specific complaints
- ii) Misuse of ISI Mark/BIS Registration Mark/BIS Hallmark/BIS Logo related complaints
- iii) Complaints on services provided by BIS (Standard Formulation; Certification including Registration and Management System Certification; Hallmarking; Laboratory, Training)
- iv) Complaints on services provided by BIS recognized Outside Laboratories (OSLs); BIS recognized Assaying & Hallmarking Centres
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A complaint having vigilance angle can be lodged by:
- i) Writing the complaint through physical mode addressed to CVO, BIS, Manakalaya, 9, Bahadur Shah Zafar Marg, New Delhi- 110002 OR through email to DG, BIS at dg@bis.gov.in or to CVO at cvo@bis.gov.in
- ii) Complaints can also be sent through email to Vigilance Department at vigilance@bis.gov.in
- iii)Either through the complaint/query link given under the Vigilance Portal on BIS home page under consumer engagement.
- iv) Complaint can be made to CVC through its online portal.
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- i) It should be genuine
- ii) It should not be malicious, vexatious or frivolous
- iii) It must be based on verifiable facts
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- a) The complaint should be in relation to BIS only.
- b) The complainant is expected to lodge complaints regarding issues relating to corruption/ malpractices by BIS employees and which are not part of any litigation in any courts, tribunals etc. i.e. the matter should not be sub-judice..
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- a) The complainant SHOULD NOT BE Anonymous or Pseudonymous. The complainant is required to mention his/her name, complete correspondence address and contact details properly in the complaint. Even in case of complaints sent by email, the complainant is required to give all details as mentioned. The address so given by the complainant in his complaint is subject to verification and only after genuineness of a complainant is established actions will be initiated on the complaint ELSE no action will be taken on the complaint and it will be simply filed.
- b) The complainant must respond to the verification/ confirmation being sought from them.
- c) Complaint has to be specific and contain verifiable allegations. The complainant must give specific verifiable evidences to substantiate his allegations. Complaints having incomplete/ vague/ non-specific allegations/ generic observations will be filed without any action.
- d) The complaint should not be biased or based on any personal grievances, not having any vigilance angle as such.
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CVC Vigilance Manual 2017 clause 3.12 states that under Section 182 of the Indian Penal Code, 1860, a person making false complaint can be prosecuted. Section 182 reads as follows:
“Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant:
- a) to do or omit anything such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
- b) to use the lawful power of such public servant to the inquiry or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
CVC Vigilance Manual further states that if the person making a false complaint is a public servant, it may be considered whether Departmental action should be taken against him as an alternative to prosecution.
Under section 195 (1)(a) of Code of Criminal Procedure, 1973, a person making a false complaint can be prosecuted on a complaint lodged with a court of competent jurisdiction by the public servant to whom the false complaint was made or by some other public servant to whom he is subordinate.
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CVC Vigilance Manual 2017 clause 3.13 states that once a complainant confirms the complaint made by him, an action is initiated. No such withdrawal request will be entertained.
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CVC Vigilance Manual 2017 clause 3.10.4 states that any complaint that does not bear the name & address of the complainant, is an anonymous complaint. No action is to be taken on anonymous complaint and such complaints are filed.
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A complaint that does not bear the full address of the complainant or is unsigned or is not subsequently acknowledged by a complainant (upon verification) as having been made is a Pseudonymous Complaint.
Complaints are referred to the complainant for confirmation/ verification and if, no response is received from the complainant within 15 days of sending the complaint, a reminder is sent. After waiting for 15 days of sending the reminder, if still no response is received, the said complaint is filed as Pseudonymous.
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Complaints received through emails are verified by post before taking any further action. The Complainant needs to provide his/her actual name and complete postal address in the email itself for facilitating verification of the same, failing which the complaint is filed as such being Pseudonymous
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CVC is designated to receive complaints from ‘Whistle Blower’ under the Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004. For making such complaints please visit CVC website cvc.gov.in/citizens-corner/whistle-blower-complaints