Agreed List & Secret List
1. One of the measures to combat corruption is to maintain watch on the activities of public servants who are of doubtful integrity. For this, two lists namely 'Agreed List' and list of public servants of gazetted status of doubtful integrity also known as 'Secret List' are prepared by Railway Board Vigilance annually in accordance with the directives of Department of Personnel and Training and Central Vigilance Commission.
2. The Secret List is prepared in the light of criteria laid down for the purpose namely
(a) Officers convicted in a Court of Law on a charge of lack of integrity or for an offence involving moral turpitude but on whom in view of exceptional circumstances, a penalty other than dismissal, removal or compulsory retirement is imposed.
(b) Officers awarded departmentally a Major Penalty:
(i) On charge of lack of integrity or
(ii) On charge of gross dereliction of duty in protecting the interests of Government although the corrupt motive may not be capable of proof; or
(c) Officers against whom proceedings for a Major Penalty or a Court Trial are in progress for alleged acts involving lack of integrity or moral turpitude; or
(d) Officers who were prosecuted but acquitted on technical grounds, and in whose case, on the basis of evidence during the trial, there remained a reasonable suspicion against their integrity.
3. Exceptions - The following will be excluded for this purpose:
(a) Officers who have been cleared or honourably acquitted as a result of disciplinary proceedings or court trial.
(b) Officers against whom an enquiry or investigation has not brought forth sufficient evidence for recommending even a disciplinary case.
(c) Officers who have been convicted for offences not involving lack of integrity or moral turpitude.
(d) Officers against whom disciplinary proceedings have been completed or are in progress in respect of administrative lapses, minor violation of Conduct Rules and the like.
4. Names once included in Secret List will not be removed until a period of three years has elapsed. The period of three years, for which the name will be current on the list, will count from the date of punishment in disciplinary proceedings or from the date of conviction in a Court Trial.
5. Due to issue of this list on annual basis, names of those officers, who are advised major penalty action by CVC in the intervening period, do not find place in the Secret List. Similarly, some officers may continue to be on the Secret List even when either exonerated or taken up for minor penalty action subsequent to inquiry. Such cases should be brought to the notice of GM/PHOD by the concerned SDGM/CVO. In case of major penalty action, the General Manager/PHOD should shift such officers from sensitive seats, if occupied by them. Likewise, in case of exoneration or minor penalty action on an officer already borne on Secret List, PHOD/General Manager may consider his posting on a sensitive seat on the advice of SDGM.
6. Agreed List is prepared annually in consultation with CBI and contains the names of such Officers whose integrity and honesty is under a cloud.
7. The Agreed List is prepared in consultation with the CBI every year. The Agreed List is meant only for the purpose of intensive vigilance and carrying out preventive checks. As regards the procedure, CBI/Railway Vigilance at the Branch/Zonal levels respectively should make out preliminary Agreed Lists and also the list of officers on which there is no agreement. After they are signed by both of them, they would be transmitted to their respective Head Offices viz. CBI Headquarters Office at New Delhi and Vigilance Directorate, Railway Board. These lists will be further discussed by Vigilance Directorate with CBI Headquarters and final Agreed List will be communicated to the CBI Headquarters Office and the Zonal Railways. The CBI will in turn also send list to their concerned local units.
8. The purpose of maintenance of these lists is to take such administrative action as is necessary and feasible in the type of cases mentioned below:
(a) Transfer from a “Sensitive” post.
(b) Non nomination to Selection Committees (c) Non nomination to Tender Committees
(d) Non appointment as Arbitrators
(e) Non nomination as Inquiry Officers
(f) Non sponsoring of names for foreign assignments/deputations
(g) Refusal of permission for commercial re-employment after retirement.
(h) Refusal for re-employment in Public Sector Undertakings.
9. In the event of an Officer whose name is borne on the lists being transferred to another Railway, the General Manager/SDGM concerned should intimate to his counterpart in the other Railway the fact of the Officer's name being on the list, endorsing a copy of the letter to Railway Board Vigilance.
10. While giving vigilance clearance for various purposes like Promotions, Deputations, and Training etc. the fact that the officer is borne on current Agreed List or current Secret List should also be intimated.
11. One of the administrative actions required to be taken in case of Agreed List/ Secret List borne officers is transfer from sensitive posts. For this purpose, all posts of Head of Departments and posts as per list enclosed in Annexure 8.1 of Indian Railways Vigilance Manual 2018 are to be considered as “Sensitive”. This list is not exhaustive and General Managers on their own may also treat any other post not mentioned in the list as “Sensitive” and inform Railway Board Vigilance. Officers borne on Agreed/ Secret List should not be posted to these sensitive posts and in the event of an officer included in these lists holding such a position, his immediate transfer should be arranged. However, where inescapable, the following conditionality should apply:
(a) Officers borne on Agreed/ Secret List should not be nominated on any Selection/Screening Board/Committee, Tender Committee or as Arbitrators or Inquiry Officers.
(b) Such officers should not deal with important financial matters where there is scope for improper exercise of discretion. Such cases can either be dealt with by the next higher authority himself or marked to some other officer in the equivalent grade, but not borne on Agreed/Secret List. They can, however, be permitted to deal with financial matters of small value subject to test check by the next higher authority to the extent possible.
12. In order to prevent the incidence of the Officers borne on Agreed List/Secret List being nominated to serve as members of selection committee/tender committees, the following steps may be taken :-
(a) List of officers borne on Agreed List/Secret List may be sent to PHODs/DRMs/CWMs concerned. The list of entire Railway will be maintained by the SDGM.
(b) For nomination of any officer on a tender committee or selection, this list should invariably be referred to before nominations are made in the Division. DRM may also advise the co-ordinating branch officers, names of such officers as soon as the Agreed/Secret list is received from Headquarters.
(c) In the Headquarters Office, where selection committees, tender committees are nominated by HODs they may be advised that the same should be done in consultation with PHOD, who is provided with a list of the officers of his department figuring either on Agreed List or Secret List. This will avoid the situation of any of the officers on either of these lists getting nominated as a member of either the selection committee or the tender committee.
(d) The appointment of arbitrators, inquiry officers and nomination of selection committee for Group 'B' exams are done by the General Man ger. These nominations/appointments should be routed a through SDGM/CVO who should scrutinize the same and bring to the notice of General Manager if any of the appointed/nominated officers figure on either Agreed List or Secret List so that timely remedial action can be taken.
13. The Zonal Vigilance should conduct some checks on the work done by Officers borne on these lists while they were working on sensitive posts.
14. The extant instructions arbitrate that the Agreed List should be kept strictly confidential
