Vigilance Commission West Bengal, which was functioning since 1965 under a resolution of the then Chief Secretary has been upgraded as "State Vigilance Commission, West Bengal," with three Vigilance Commissioners of which one is the Chief Vigilance Commissioner. It has been heard that the creation of "State Vigilance Commission, West Bengal" has been done not under Article 309 of the Constitution of India but under a similar resolution. I request the honourable members of this forum to post the order of formation of the State Vigilance Commission and its power and functions on this site so that the same may be minutely examined. Most of the Government Employees will be surprised to know that a Vigilance enquiry is not at all a condition of service of a Government employee. Hence such employee is protected under Article 20 of the Constitution where he cannot be forced by his department or any officer of Vigilance Commission to make any statement involving himself which may go against him in future. He is also not legally bound to explain each and every acquirement of his property and assets to any officer of Vigilance Commission. A government employee submits his declaration of assets annually and it is the duty of the officer holding enquiry to contradict the same by making discoveries of the properties et cetera which have been suppressed by the employee. It is the investigation officer who has to prove the allegation and not the employee. It will be pertinent to mention here that most of the government employees of lower ranks get frightened with the name of Vigilance Commission and give statements under compulsion in tutored manner(most of the time it is dictated by the Enquiring Officer of Vigilance Commission) without disclosing the allegation or complaint. I would advice such employees to ask for a copy of the letter of complaint first on the basis of which the enquiry has been started and then respond. If the E.O does not give it then DO NOT RESPOND COME WHAT MAY, OTHERWISE YOU WILL BE VICTIMIZED. I again repeat that providing information of the acquirements of the assets and properties by a government employee to facilitate the E.O in enquiry by the State Vigilance Commission is not the condition of service of any Government employee and hence he is not bound to submit any explanation to any one. However, in some cases if he is under pressure from his own boss,he can ask about the specific questionnaire from the Vigilance Officer (which they do not give) and answer it in writing provided that the questionnaire is given to him under the seal and signature of the issuing office and is received by him through proper channel.