Governance / Odisha Govt Exempts Officials from Personal Court Appearance in Vigilance Cases

Bhubaneswar, Oct 19: The Odisha government has issued fresh guidelines directing that government officials and employees who merely process files or handle routine procedures in vigilance cases should not be included as prosecution witnesses, officials said on Monday.

The decision is also intended to exempt such officials from repeated personal appearances before courts, which the government says often disrupt official work.

New Guidelines

According to the directive, officials who grant prosecution sanction, process files, record routine notings, prepare draft orders or sign official orders should ordinarily not be named as prosecution witnesses in vigilance cases if they have no direct knowledge of the alleged offence.

The government noted that many such officials continue to receive court summons even after transfer or retirement, forcing them to travel and appear before courts despite having no direct connection with the alleged crime.

Administrative Concerns

Officials argued that repeated court appearances have been affecting routine governance and causing administrative inconvenience. The State government said a large number of vigilance cases require prosecution sanctions every year, resulting in several officers being summoned as witnesses solely because they were part of the file-processing chain.

To address the issue, investigating officers, public prosecutors and special public prosecutors have been directed to take legal steps before courts to secure complete exemption from personal appearance for such officials.

Rising Number of Cases

Government data show that prosecution sanctions were granted in 68 vigilance cases in 2023, 69 in 2024 and 105 in 2025. Till September 30 this year, sanctions had already been granted in 60 vigilance cases.

The government believes that requiring every official associated with file processing to appear in court in each case places an unnecessary burden on the administrative system.
Also Read: Odisha Vigilance Busts Rs65.90-Lakh Fraud in Dhenkanal DFO Office, 3 Arrested

Concerns Over Impact

While the move has been welcomed by some as a practical reform, concerns have also been raised. BJP MLA Ashok Mohanty supported the decision, citing the need to ensure smooth administration. However, former police officer Sarat Sahu cautioned that excluding government officials from the witness list could potentially affect the prosecution's ability to establish procedural aspects of certain vigilance cases.

The government, however, has maintained that officials with no direct knowledge of the offence should not be subjected to repeated court appearances, particularly after transfers or retirement.