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Rajesh Singh (Self Employed)     24 June 2015

Vigilance clearance (censure)

Respected Sir/Madam,

This is in relation to my friend who is an employee working for a Central Public Sector Undertaking (PSU) having CDA Rules. My query is in relation to vigilance clearance in event of a minor penalty of Censure. Query Background goes like this.

In the year 2013, a vigilance case was initiated against my friend and a charge sheet was issued to him in July, 2014 against this case which was timely replied. After the reply he was supposed to undertake a personal abroad visit in October, 2014 for which he had applied for NOC request in his company. His NOC request was denied stating reason as Charge sheet being issued due to which Vigilance Clearance was denied.  Due to this he could not undertake this abroad visit.

In January, 2015, he was issued a minor penalty of Censure by the Competent Authority. In May, 2015 he re-applied for NOC for personal abroad visit for travelling in June and again he was denied Vigilance Clearance. In the meantime, he personally met the Competent Vigilance Personnel taking his NOC request and he was told verbally that as per CVC guidelines after the imposition of any minor penalty on an individual, No vigilance clearance will be given to that individual for 3 years including promotions and 5 years in case of Major penalty.

He says that their company has an online clearance system through which they have to raise NOC request and track status of the request. The current status of his NOC request seems to be 'Vigilance Clearance Rejected' in the online system. He says since the Vigilance and HR Comments are hidden or missing he is unable to see their comments. He seems to be repeatedly following up with his HR dept. for a written communication in this regard but he has been told that Vigilance Dept. has still not provided written reply to his request due to which they are unable to provide any response.

I have searched various Forums, CVC Manual, but i am unable to get any clear guidelines on this. My friend says as per their CDA rules on Censure there seems to be a cooling off period of one year for promotion but apart from that there should be no impact.

I am concerned if he is not been given vigilance clearance to Personal abroad visit, in that case he will not be given vigilance clearance for his promotion as well for the next 3 years. I would like to know whether any CVC guidelines are there in place and how should my friend go about this issue.

Looking forward for your guidance and advice

Thanking You

 



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     25 June 2015

he should consult DOPT website.


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