Grant of vigilance clearance in case of censure
Lalnunmawia Sailo
(Querist) 25 April 2015
This query is : Resolved
Dear Expert,
The O.M. No.11012/11/2007-Estt. (A) dated 14.12.2007, according to Para-7 provides that:
"7. Vigilance clearance will not normally be granted for a period of three years after the currency of the punishment, if a minor penalty has been imposed on an officer."
In the meantime, letter No. 25165/S/98-1 dt 10.6.1998 clarified that:
“The punishment of censure has no currency. Whenever an officer is ....... etc”.
My query is :
If an officer has been imposed with a minor penalty of "Censure", but one year later needs Vigilance Clearance to be appointed as Member of Regulatory Commission.
(1) Can Vigilance Clearance be granted to him irrespective of Para 7 above, on the ground that 'Punishment of Censure has no currency'?
(2) Or Vigilance Clearance can not be granted to him in line with Para 7, for a period of three years, reckoning the period of three years (0+3)from the date minor penalty was imposed on the officer? (Understanding that punishment of censure is a codified and formal punishment).
Pl tell me what to follow. I hope I explain the problem clear for you this time to enable you to give reply?
Lalnunmawia Sailo
P. Venu 
(Expert) 26 April 2015
Please disclose the complete facts and your problems, if any.
Lalnunmawia Sailo
(Querist) 27 April 2015
Dear Expert,
The O.M. No.11012/11/2007-Estt. (A) dated 14.12.2007, according to Para-7 provides that:
"7. Vigilance clearance will not normally be granted for a period of three years after the currency of the punishment, if a minor penalty has been imposed on an officer."
In the meantime, letter No. 25165/S/98-1 dt 10.6.1998 clarified that:
“The punishment of censure has no currency. Whenever an officer is ....... etc”.
My query is :
If an officer has been imposed with a minor penalty of "Censure", but one year later needs Vigilance Clearance to be appointed as Member of Regulatory Commission.
(1) Can Vigilance Clearance be granted to him irrespective of Para 7 above, on the ground that 'Punishment of Censure has no currency'?
(2) Or Vigilance Clearance can not be granted to him in line with Para 7, for a period of three years, reckoning the period of three years (0+3)from the date minor penalty was imposed on the officer? (Understanding that punishment of censure is a codified and formal punishment).
Pl tell me what to follow. I hope I explain the problem clear for you this time to enable you to give reply?
Lalnunmawia Sailo
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
You should follow the query in the same thread for subsequent posts too, ow this has no relevance to the previous query hence no opinion can be given.
Sudhir Kumar, Advocate
(Expert) 02 May 2015
please come with specific problem.
In which capacity you are concerned in the case?
Sudhir Kumar, Advocate
(Expert) 02 May 2015
repeated
http://www.lawyersclubindia.com/experts/Grant-of-Vigilance-Clearance-in-case-of-Censure-535141.asp#.VUTlRvCupVI
