Vigilance clerance

Please dusckse hiw you are concerned,

Until and unless the pending case is disposed the vigilance department may not give clearance. If it is going on date by date then you can approach high court with an application for an expeditious disposal of the pending case for the reasons you rely upon

Thanks for the reply.

Further to add approching HC may be time taking, to deal with such cases there are some guidelines as below, can it be workable to get remedy 

Reference is invited to three Office Memorandum of DOPT relevant to this case reproduce below the relevant para of the said OM for reference.

1.OFFICE MEMORANDUM No.DOPT- No27(4)/2014(ACC) dated 22.10.2014, The relevant  text of is reproduced below-

 The resultant delay in filling up the Board level vacancies has been a matter of serious concern for the Government

 While submitting such proposals for the consideration, the Ministry shall provide the complete details of cases/complaints, if any, pending against the selected candidate and their specific views regarding the gravity of the allegations and the culpability of the concerned candidate. While the Ministry may not have much difficulty in processing the proposal when selected candidate is from an organisation under the control of the same Department, some advance action would be required when the candidate is coming from outside. For this purpose, the Ministry shall obtain the complete vigilance profile of the candidate from the concerned Ministry/Department to which the selected candidate belongs as soon as the PESB recommendation is received by them. The Ministry shall also obtain complete details of the cases/complaints, if any, which are pending for enquiry and the concerned Department's views thereon. 

The relevant  text of

2. OFFICE MEMORANDUM No.DOPT-1667820093974

28.09.2022Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions is reproduced below-

3. OFFICE MEMORANDUM No.DOPT-104/33/2024-AVD-IA dated 09.10.2024 pf  Department of Personnel and Training, Ministry of Personnel, Public Grievances & Pensions is reproduced below-

 The circumstances under which vigilance clearance shall not be withheld shall be as under:

1. Vigilance clearance shall not be withheld due to the filing of a complaint, unless it is established on the basis of at least a preliminary inquiry or on the basis of any information that the concerned Government may already have in its possession, that there is, prima facie, substance to verifiable allegations regarding (i) Corruption (ii) Possession of assets disproportionate to known sources of income (iii) Moral turpitude (iv) violation of AIS Conduct Rules.

2. Vigilance clearance shall not be withheld if a preliminary inquiry mentioned in 2(ii)(a)above takes more than three months to be completed.

3. Vigilance clearance shall not be withheld unless (i) the officer is under suspension (ii) the officer is on the Agreed List, provided that in all such cases the position shall be mandatorily revisited after a period of one year (iii) a chargesheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending (iv)orders for instituting disciplinary proceeding against the officer have been issued by the Disciplinary Authority, provided that the chargesheet is served within three months from the date of passing such order (v) chargesheet has been filed in a Court by the Investigating Agency in a criminal case and the case is pending (vi) orders for instituting a criminal case against the officer have been issued by the Disciplinary Authority, provided that the chargesheet is served within three months from the date of initiating proceedings(vii) sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter (viii) an FIR has been filed or a case registered by the concerned Government against the officer, provided that the charge sheet is served within three months from the date of filing/registering the FIR/case (ix) the officer is involved in a trap/raid case on charges of corruption and investigation is pending.

 In cases where complaints have been referred to the State, and no substantive response has been received from the State within three months from the date on which the reference was made, the Cadre Controlling Authority may provide a copy of the complaint to the officer concerned to seek his comments. If the comments are found to be prima facie satisfactory by the Competent Authority, vigilance clearance shall be accorded.

Vigilance clearance shall be decided on a case-by-case basis by the Competent Authority keeping in view the sensitivity of the purpose, the gravity of the charges and the facts and circumstances, in the following situations:

Where the investigating agency has found no substance in the allegation but the Court refuses to permit closure of the FIR.

Seek advice as per Vigilance, CVC Rules, DOPT/DPE Rules and remedy available for under CAT/RTI

It is better to contact, consult and engage a local prudent lawyer for better analyses of facts/documents, professional advise and necessary proceeding to protect your interest.

In my considered opinion. mere pendency of a protest petition cannot be the reson for denying vigilance clearance. You the option to pursue legal remedies.

You have given answers to your own question in your subsequent post, hence it can be considered as resolved. 

You seem to have reply.

Please be clare:-

1. whtehrtherews any FIR at the time of DPC.
2. whether there was any criminal case (chaargesheet stage) pending at the timeof DPC?