The government has begun a countrywide search for appointing the next Central Vigilance Commissioner after stringent guidelines have been prepared and circulated to relevant ministers and law officers.

The guidelines, available with The Indian Express, show that the Department of Personnel and Training (DoPT) has fallen in line with the Supreme Court?s directives that non-civil service candidates too can be selected for the high post. Interestingly, the DoPT guidelines state that since some guidelines (such as CVC/VC’s should be above the level of secretary) will not apply to ?private persons? they should be persons of ?repute and integrity?.

While setting out prerequsites such as candidates being not more than 61 years of age and with 33 years of experience (in case of government officials), the DoPT has proposed a background and vigilance check of all candidates spanning several stages. Importantly, it has been proposed that a detailed note of ?(all) applications received and rejected and the short-listing criteria” also be put up before the final selection committee comprising the Prime Minister, Home Minister and leader of Opposition.

A three-stage procedure has now been proposed before the crucial meeting of the high powered selection committee:

Initial scrutiny of all applications by a committee of three officers at the level of director/deputy secretary in the DoPT to filter out ?ineligible applications.? The proviso is that grounds for all rejections would thereafter be placed before the secretary (personnel).

Subsequently, vigilance clearance of all eligible candidates would be sought from the CBI, the CVC as well as the Cadre Controlling Authority.

Further, the shortlisting process of five eligible candidates will be carried out by a committee of secretaries chaired by secretary (personnel). It has been proposed that this committee may include the director, CBI, secretary, CVC and if ?felt appropriate? the Home secretary and finance secretary as well.

The last recommendation of the DoPT may come in for criticism since the Central Vigilance Commissioner instrumental in the appointment of the director CBI and as a body, the CVC supervises the functioning of the investigating agency. The proposal to then put the CBI director on a panel to shortlist candidates for the top vigilance post may prove to be ill-conceived.

The DoPT is now in the process of writing to all ministries/ departments of government seeking names of eligible candidates within 15 days. Ministries/ departments will also be asked to provide complete information of candidates ?whether favourable or adverse? with their ?contemporanous service record? . In the case of government officials, complete ACR (annual confidential report) dossiers and CV’s of candidates, as mandated by the apex court, are required to be sent. Besides the CBI, an IB (Intelligence Bureau) clearances have been suggested for some categories of candidates.

Ministries/ departments are also required to indicate any criminal record/disciplinary proceedings against candidates and attach what is being described by the DoPT as an ?integrity certificate.”. In case of a private candidate , a “self declaration by the sponsored person” would be required.

Finally, all Ministries/ Departments have been advised to ensure that no conflict of interest situation arises while appointing the CVC to ensure the ?institutional integrity? of the high office. The DopT has noted how ministries should be ?encouraged? to forward names of persons who are eminent in public life and fulfill the criteria of selection.

The DoPT’s guidelines have already been circulated to law minister Veerappa Moily and thereafter to Attorney General Goolam E Vahanvati, who in an opinion dated March 15, has suggested certain changes in the draft letter to be circulated in government asking for names of candidates for the post of CVC.