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I. PURPOSES FOR WHICH VIGILANCE CLEARANCE CERTIFICATE MAY BE SOUGHT
II CIRCULARS/ORDERS/INSTRUCTIONS FOR GIVING VIGILANCE CLEARANCE
A. Members of Central Civil Services/Civil Posts
B. Members of All India Services
C. Officers of Public Sector Enterprises
III. VIGILANCE CLEARANCE CERTIFICATE
IV. VALIDITY OF VIGILANCE CLEARANCE CERTIFICATE
More: Forwarding of Applications for Other Posts
I. PURPOSES FOR WHICH VIGILANCE CLEARANCE CERTIFICATE MAY BE SOUGHT:-
Vigilance clearance may be sought from CVO/Vigilance Branch of the Government Department/Organisation for the following purposes or stages:- (Click Here.)
Vigilance clearance may be sought from CVO/Vigilance Branch of the Government Department/Organisation for the following purposes or stages:- (Click Here.)
(i) Confirmation
(ii) Ad hoc promotion
(iii) Grant of non-functional upgradation
(iv) ACP/MACP (Modified ACP)
(v) Promotion – before holding of DPC and before issuing promotion order
(vi) Appointment on absorption
(vii) Posting in positions carrying special pay/allowance
(viii) Forwarding of application for deputation to other organizations
(ix) Deputation/foreign service/deputation abroad
(x) Foreign training/seminar/visit
(xi) Issue of NOC for passport/private visit abroad
(xii) Retirement on superannuation
(xiii) Voluntary retirement
(xiv) Resignation
(xv) Compulsory retirement or premature retirement
(xvi) Extension/Re-employment
(xvii) Commercial employment after retirement
(xviii) Posting of officials in the Vigilance Branch or on any sensitive post
(xix) For candidates for appointment on deputations, vigilance clearance should be obtained along with their applications and in any case before considering them for selection and also preferably before issue of appointment orders where the time interval between the date of selection and date of offer of appointment is more, to be on the safer side.
(xx) For candidates for Board level appointments in PSUs, vigilance clearance from the CVC should be obtained.
(xxi) Cases of all the officers being given additional/concurrent charge of posts, regular appointment to which falls within the purview of ACC, for durations exceeding three months, require vigilance clearance from CVC. However additional/concurrent charge arrangements, for short durations (up to 3 months), vigilance clearance would be given by the CVO of the Ministry.
Important points to be kept in view while giving vigilance clearance by the Vigilance Branch/Unit:-
(i) Whether minor or major penalty proceedings have been instituted as on the date of giving vigilance clearance?
(ii) Whether a vigilance/disciplinary case is contemplated as on the date of giving vigilance clearance?
(iii) Consideration from the vigilance point of view for posting to a sensitive post
(iv) Whether the name of the official appears in the Agreed list/ODI list?
(v) Any other case where minor or major penalty has been imposed and the penalty is in operation.
(vi) Whether any criminal case is under investigation or pending in a court of law?
(vii) Whether the official has been convicted by a Court of Law in civil/criminal proceedings?
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II CIRCULARS/ORDERS/INSTRUCTIONS FOR GIVING VIGILANCE CLEARANCE
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The guidelines/instructions issued by the Department of Personnel and Training and the Central Vigilance Commission for giving vigilance clearance in respect of the officers of the Central Civil Services Officers, all India Service Officers and public sector undertakings may seen from the relevant page by clicking here. The latest guidelines/instructions for the grant of vigilance clearance are as follows:-
A. MEMBERS OF CENTRAL CIVIL SERVICES/CIVIL POSTS
(i) O.M. dated 23.01.2014 – Comprehensive review of instructions pertaining to vigilance clearance for promotion – clarifications
(ii) DOP&T O.M. dated 21.06.2103, regarding modification of para 2(c) of DOP&T O.M. dated 14.12.2007
(iii) DOP&T O.M. dated 2.11.2012, containing comprehensive review of instructions pertaining to vigilance clearance for promotion
(iv) Amendment to DOP&T’s O.M. dated 14.12.2007 vide DOP&T O.M. dated 27.9.2011
(v) Amendment to DOP&T’s O.M. dated 14.12.2007 vide DOP&T O.M. dated 7.7.2008
(vi) DOP&T O.M. dated 14.12.2007, containing comprehensive guidelines for grant of vigilance clearance to members of Central Civil Services/Central Civil posts
B. MEMBERS OF ALL INDIA SERVICES
(i) DOP&T O.M. dated 7.9.2011
(ii) DOP&T O.M. dated 29.10.2007
C. OFFICERS OF PUBLIC SECTOR ENTERPRISES
(i) O.M. dated 30.10.2014 – Policy guidelines for extension of tenure of Board level incumbents where vigilance clearance is not available
(ii) CVC Circular No.005-VGC-101 dated 11.8.2005 regarding grant of Vigilance Clearance – regarding interim additional/concurrent charge
(iii) CVC Circular No.3(v)/99/4 dated 12.07.1999 regarding guidelines for obtaining vigilance clearance from the Commission in respect of candidate(s) recommended for Board Level appointment(s) in Public Sector Enterprises
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A. MEMBERS OF CENTRAL CIVIL SERVICES/CIVIL POSTS
(i) O.M. dated 23.01.2014 – Comprehensive review of instructions pertaining to vigilance clearance for promotion – clarifications
(ii) DOP&T O.M. dated 21.06.2103, regarding modification of para 2(c) of DOP&T O.M. dated 14.12.2007
(iii) DOP&T O.M. dated 2.11.2012, containing comprehensive review of instructions pertaining to vigilance clearance for promotion
(iv) Amendment to DOP&T’s O.M. dated 14.12.2007 vide DOP&T O.M. dated 27.9.2011
(v) Amendment to DOP&T’s O.M. dated 14.12.2007 vide DOP&T O.M. dated 7.7.2008
(vi) DOP&T O.M. dated 14.12.2007, containing comprehensive guidelines for grant of vigilance clearance to members of Central Civil Services/Central Civil posts
(i) DOP&T O.M. dated 23.01.2014, Comprehensive review of instructions pertaining to vigilance clearance for promotion – clarifications
To access a copy of the DOP&T O.M. dated 23.01.2014, please click here.
More >>> O.M. dated 28.04.2014 – Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee
(ii) DOP&T O.M. dated 21.06.2103, regarding modification of para 2(c) of DOP&T O.M. dated 14.12.2007
To access a copy of the DOP&T O.M. dated 21.06.2013, please click here.
(iii) DOP&T O.M. dated 2.11.2012, containing comprehensive review of instructions pertaining to vigilance clearance for promotion
The Department of Personnel and Training’s O.M. No.22034/4/2012 -Estt. (D) dated 2.11.2012 regarding comprehensive review of instructions pertaining to vigilance clearance for promotion is reproduced below:-
“F.No.22034/4/2012-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
————
North Block, New Delhi.
Dated the 2nd November, 2012
OFFICE MEMORANDUM
Subject:- Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding.
Instructions issued vide O.M. No. 22012/1/99-Estt. (D) dated 25.10.2004 based on the O.M. No. 22011/4/1991-Estt. (A) dated 14.09.1992 (issued on the basis of procedure laid down by Supreme Court in K.V. Jankiraman case AIR 1991 SC 2010) makes it clear that vigilance clearance for promotion may be denied only in the following three circumstances:-
(i) Government servants under suspension;
(ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and
(iii) Government servants in respect of whom prosecution for a criminal charge is pending.
Withholding of vigilance clearance to a Government servant who is not under suspension or who has not been issued a charge sheet and the disciplinary proceedings are pending or against whom prosecution for criminal charge is not pending may not be legally tenable in view of the procedure laid down in the aforesaid O.Ms.
2. Existing instructions provide for processing the cases of disciplinary proceedings in a time bound manner. A number of cases have however, come to notice where initiation of disciplinary proceedings/issue of chargesheet/processing of the case is considerably delayed by the administrative Ministries/Departments. Such delays allow an officer whose conduct is under cloud, to be considered for promotion. It becomes essential in respect of officer(s) in whose case disciplinary proceedings are contemplated or pending and are included in consideration zone for promotion, necessary action be taken for placing the proposal before the DPC so that vigilance clearance is not allowed as per conditions mentioned in para 1 above.
3. The Hon’ble Supreme Court in its judgment dated 27.08.1991 in Union of India Vs. K.V. Jankiraman etc.(AIR 1991 SC 2010) has held
“5. An employee has no right to promotion. He has only a right to be considered for promotion. The promotion to a post and more so, to a selection post, depends upon several circumstances. To qualify for promotion, the least that is expected of an employee is to have an unblemished record. That is the minimum expected to ensure a clean and efficient administration and to protect the public interests. An employee found guilty of misconduct cannot be placed on par with the other employees and his case has to be treated differently. There is therefore, no discrimination when in the matter of promotion, he is treated differently”.
4. The issue of promotion of an officer who may be technically cleared from vigilance angle but in whose case it may not be appropriate to promote him/her in view of doubtful integrity or where a charge-sheet is under consideration etc has been under examination in this Department.
5. The O.M No. 22012/1/99-Estt. (D) dated 25th October, 2004 further provides that a DPC shall assess the suitability of the Government servant coming within the purview of the circumstances mentioned in para 2 of the Office Memorandum No. 22011/4/91-Estt. (A) dated 14.09.1992, along with other eligible candidates, without taking into consideration the disciplinary case/criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. If in the matter of corruption/dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer’s case for promotion would automatically be required to be placed in the sealed cover.
6. When a Government servant comes under a cloud, he may pass through three stages, namely, investigation, issue of charge sheet in Departmental Proceedings and/or prosecution for a criminal charge followed by either penalty/conviction or exoneration/acquittal. During the stage of investigation prior to issue of charge sheet in disciplinary proceedings or prosecution, if
the Government is of the view that the charges are serious and the officer should not be promoted, it is open to the Government to suspend the officer which will lead to the DPC recommendation to be kept in sealed cover. The sealed cover procedure is to be resorted to only after the charge memo/charge sheet is issued or the officer is placed under suspension. The pendency of preliminary investigations prior to that stage is not sufficient to adopt the sealed cover procedure.
7. The law on sealed cover based on the judgment of the Apex Court in Union of India vs. K.V. Janakiraman etc. (AIR 1991 SC 2010), is by now well settled. The O.M. dated 14.9.92 confined the circumstances for adopting sealed cover to the three situations mentioned in para 2 of the said O.M. Even after recommendation of the DPC, but before appointment of the officer if any of the three situations arise, the case is deemed to have been kept in sealed cover by virtue of para 7 of the O.M. dated 14.9.92.
8. As regards the stage when prosecution for a criminal charge can be stated to be pending, the said O.M. dated 14.9.92 does not specify the same and hence the definition of pendency of judicial proceedings in criminal cases given in Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 is adopted for the purpose. The Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 provides as under :-
“(b) judicial proceedings shall be deemed to be instituted -
(i) in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made”.
9. For the purpose of vigilance clearance for review DPC, instructions exist in O.M. No. 22011/2 /99-Estt.(A) dated 21.11.2002 that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the officer is actually promoted it needs to be ensured that he / she is clear from vigilance angle and the provision of para 7 of O.M. No. 22011 / 4 / 91-Estt. (A) dated 14.09.1992 are not attracted.
10. Opening of sealed cover on conclusion of proceedings, is covered in the instructions in para 3 of the O.M. dated 14.9.92. In cases where by the time the Departmental Proceedings are concluded and the officer is fully exonerated but another charge sheet has been issued, the second charge sheet will not come in the way of opening of sealed cover and granting promotion notionally from the date of promotion of the junior and para 7 of O.M. dated 14.9.92 will not apply as clarified in the O.M. No. 22011/2/2002-Estt.(A) dated 24.2.2003. After the disciplinary proceedings are concluded and penalty is imposed, vigilance clearance will not be denied. The details of the penalty imposed are to be conveyed to the DPC.
11. This Department has issued separate instructions for accordance of vigilance clearance to a member of Central Civil Services/holder of Central Civil post with respect to (a) empanelment (b) deputation (c) appointments to sensitive posts and assignments to training programmes (except mandatory training) vide O.M. No.11012/ 11/ 2007-(Estt. A) dated 14.12.2007. It has been further clarified in the O.M. No. 11012/6/2008-Estt.(A) dated 07.07.2008 that these instructions do not apply to promotions. While consideration for promotion is a right of an employee but empanelment, deputation, posting and assignment for training (except mandatory training) is not a right of an employee and is decided keeping in view the suitability of the officer and administrative exigencies.
12. It may thus be noted that vigilance clearance cannot be denied on the grounds of pending disciplinary/criminal/court case against a Government servant, if the three conditions mentioned in para 2 of this Department’s O.M. dated 14.09.1992 are not satisfied. The legally tenable and objective procedure in such cases would be to strengthen the administrative vigilance in each Department and to provide for processing the disciplinary cases in a time bound manner. If the charges against a Government servant are grave enough and whom Government does not wish to promote, it is open to the Government to suspend such an officer and expedite the disciplinary proceedings.
13. All Ministries/Departments are, therefore, requested to keep in view the above guidelines while dealing with cases of vigilance clearance for promotion of the Government servants.
(Virender Singh)
Under Secretary to the Government of India
Tel. No. 2309 3804
To,
All Ministries/Departments of the Government of India”
(iv) Amendment to DOP&T’s O.M. dated 14.12.2007 vide DOP&T O.M. dated 27.9.2011
Vide their O.M. dated 27.09.2011 regarding guidelines for grant of vigilance clearance to members of Central Civil Services/Posts, it has been decided by the Department of Personnel and Training (Govt. of India) that Officers who have not submitted the annual property returns by the prescribed time would be denied vigilance clearance and will not be considered for empanelment for senior level posts in Government of India. Accordingly, in that Department’s O.M. No.11013/11/2007-Estt.A, dated 14.12.2007, laying down guidelines regarding grant of vigilance clearance to members of Central Civil Services/Posts, in para 2 a new sub-para (f) will be inserted as under:-
“(f) Vigilance clearance shall be denied to an officer if he fails to submit his annual immovable property return of the previous year latest by 31st January of the following year, as required under Government of India decisions under Rule 18 of the Central Civil Services (Conduct) Rules, 1964.”
(v) Amendment to DOP&T’s O.M. dated 14.12.2007 vide DOP&T O.M. dated 7.7.2008
The term ‘empanelment’ occurring in para 1 of DOPT’s O.M. No.11012/11/2007 -Estt. (A) dated 14.12.2007 relating to guidelines on grant of vigilance clearance does not cover cases of promotion. Attention in this regard is invited to para 2 (iv) of DOPT O.M. No.11012/6/2008-Estt.(A) dated 07.07.2008, containing clarifications regard the effect of warnings, etc. on promotion to a higher Grade or post, which reads as under:-
“(iv) The term ‘empanelment’ occurring in para 1 of DOPT’s O.M. No.11012/11/2007 -Estt. (A) dated 14.12.2007 relating to guidelines on grant of vigilance clearance does not cover cases of promotion. Cases of promotion of Government servants during the pendency of disciplinary proceedings would be regulated by DOPT’s O.M. No. 22011/4/91-Estt. (A) dated 14.09.1992, O.M. No. 22012/1/99-Estt. (D) dated 25.10.2004 and after imposition of any of the prescribed penalties as per O.M. No. 22034/5/2004-Estt.(D) dated 15.12.2004.”
The contents of the DOPT O.M. dated 15.12.2004, regarding promotions of persons undergoing a penalty, referred to above, are reproduced below for information:-
“The undersigned is directed to refer to DoPT OM No. 21/5/70-Estt (A) dated 15th May, 1971 (reiterated vide O.M. No. 22011/2/78-Estt(A) dated 16.2.1979) and to say that in terms of the provisions of these Office Memoranda, a Government servant, on whom a minor penalty of withholding of increment etc. has been imposed should be considered for promotion by the Departmental Promotion Committee which meets after the imposition of the said penalty and after due consideration of full facts leading to imposition of the penalty, if he is still considered fit for promotion, the promotion may be given effect after the expiry of the currency of the penalty. It has, however, been separately clarified vide Office Memorandum No. 22011/2/92-Estt (D) dated 30th November, 1995 that in such cases, the seniority would be fixed according to the position of the officer in the panel on the basis of which he is promoted on expiry of the period of currency of the penalty.
2. Doubts have been expressed regarding the pay fixation and date of commencement of the eligibility service in such cases. It is clarified that since the promotion is to take effect only from a date subsequent to the expiry of the currency of the penalty, the officer would be entitled to pay fixation in the promotional grade with effect from the date of actual promotion only. Even if a person junior to him in the panel is promoted earlier, it will have no bearing on the pay to be allowed on promotion to the officer on whom a penalty was imposed, and there shall be no stepping up of his pay.
3. Similarly, as the officer undergoing penalty is not to be promoted during the currency of the penalty, the eligibility service in the promotional grade for further promotion shall commence only from the date of actual promotion and in no case, it may be related, even notionally, to the date of promotion of the junior in the panel.”
(vi) DOP&T O.M. dated 14.12.2007, containing comprehensive guidelines for grant of vigilance clearance to members of Central Civil Services/Central Civil posts
The Department of Personnel and Training have, on 14th December, 2007, issued fresh, comprehensive guidelines regarding grant of ‘Vigilance Clearance’ to members of Central Civil Services/Central Civil Posts.
It has been decided by the Department of Personnel and Training that the following guidelines for the grant of vigilance clearance to the Government servants belonging to the Central Civil Services/Civil Posts shall be applicable with immediate effect.
1. These orders regarding accordance vigilance clearance to members of the Central Civil Services/Posts shall be applicable with respect to:-
(a) empanelment,
(b) any deputation for which clearance is necessary,
(c) appointments to sensitive posts, and assignments to training programmes (except mandatory training)
In all these cases, the vigilance status may be placed before and considered by the Competent Authority before a decision is taken.
2. The circumstances under which vigilance clearance shall not be withheld shall be as under:-
a) 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 Central Civil Services (Conduct) Rules, 1964.
b) Vigilance clearance shall not be withheld if a preliminary inquiry mentioned in 2(a) above takes more than three months to be completed.
c) Vigilance clearance shall not be withheld unless –
(i) the officer is under suspension;
(ii) a charge-sheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending;
(iii) orders for instituting disciplinary proceeding against the officer have been issued by the Disciplinary Authority, provided that the charge-sheet is served within three months from the date of passing such order;
(iv) charge-sheet has been filed in a Court by the Investigating Agency in a criminal case and the case is pending;
(v) orders for instituting a criminal case against the officer have been issued by the Disciplinary Authority provided that the charge-sheet is served within three months from the date of initiating proceedings;
(vi) sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter;
(vii) an FIR has been filed or a case registered by the concerned Department against the officer provided that the charge-sheet is served within three months from the date of filing/registering the FIR/case; and,
(viii) The officer is involved in a trap/raid case on charges of corruption and investigation is pending.
d) Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a charge-sheet has been filed by the investigating agency provided that there are no directions to the contrary by a competent court of law.
e) Vigilance clearance shall not be withheld even after sanction for prosecution if the investigating agency has not been able to complete its investigations and file charges even after a period of two years. However, such vigilance clearance will entitle the officer to be considered only to be appointed to non-sensitive posts and premature repatriation to the parent cadre in case he is on deputation and not for any other dispensation listed in Para 1 of the DOP&T O.M. dated 14.12.2007.
3. In cases where complaints have been referred to the administrative authority concerned, and no substantive response has been received from such administrative authority concerned within three months from the date on which the reference was made, the Disciplinary 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.
4. 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:
a) Where the investigating agency has found no substance in the allegation but the Court refuses to permit closure of the FIR; and
b) Where the investigating Agency/inquiry officer holds the charges as proved but the competent disciplinary authority differs, or the converse.
5 While considering cases for grant of vigilance clearance for the purpose of empanelment of members of the Central Civil Services/Central Civil Posts of a particular batch, the vigilance clearance/status will continue to be ascertained from the respective Cadre Authority. In all cases, the comments of the Central Vigilance Commission will also be obtained. However, if no comments are received within a period of three months, it will be presumed that there is nothing adverse against the officer on the records of the body concerned.
6 Vigilance clearance will be issued in all cases with the approval of the Head of Vigilance Division for officers up to one level below their seniority in service. In the case of officers of the level of AS/Secretary, this will be issued with the approval of the Secretary. In case of doubt, order of Secretary will be obtained, keeping in view the purpose for which the ‘vigilance clearance’ is required by the indenting authority.
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 case of imposition of a major penalty, vigilance clearance will not normally be granted for a period of five years, after the currency of punishment. During this period, the performance of the officer should be closely watched.
8. Insofar as the personnel serving in the Indian audit and accounts Department are concerned, these instructions have been issued by the DOPT after consultation with the Comptroller and Auditor General of India.
B. MEMBERS OF ALL INDIA SERVICES
The under-mentioned Government instructions laying down the procedure/guidelines for giving vigilance clearance in respect of All India Services Officers are required to be followed strictly:-
(i) DOP&T O.M. dated 7.9.2011
(ii) DOP&T O.M. dated 29.10.2007
(i) DOP&T O.M. dated 7.9.2011:- Vide their O.M. No.104/33/2005-AVD.I, dated 07.09.2011 (enclosed with O.M. dated 8.9.2011) regarding guidelines for grant of vigilance clearance to AIS Officers, it has been decided by the Department of Personnel and Training (Govt. of India) that Officers who have not submitted the annual property returns in time would be denied vigilance clearance and will not be considered for empanelment for senior level posts in Government of India. Accordingly, that Department’s O.M. No.104/33/2005-AVD.I, dated 29.10.2007, laying down guidelines regarding grant of vigilance clearance to AIS Officers, has been amended as under:-
In para 2 of DOP&T O.M. No.104/33/2005-AVD.I, dated 29.10.2007, a new sub-para (f) will be inserted as under:-
“(f) Vigilance clearance shall be denied to an officer if he fails to submit his annual immovable property return of the previous year latest by 31st January of the following year, as required under Government of India decisions under Rule 16 of the All India Services (Conduct) Rules, 1968.”
(ii) DOP&T O.M. dated 29.10.2007:- The Department of Personnel and Training have, on 29th October, 2007, issued comprehensive guidelines regarding grant of ‘Vigilance Clearance’ to AIS Officers. To access a copy of the DOP&T’s O.M. dated 29.10.2007, please click here.
C. OFFICERS OF PUBLIC SECTOR ENTERPRISES
(i) O.M. dated 30.10.2014 – Policy guidelines for extension of tenure of Board level incumbents where vigilance clearance is not available
(ii) CVC Circular No.005-VGC-101 dated 11.8.2005 regarding grant of Vigilance Clearance – regarding interim additional/concurrent charge
(iii) CVC Circular No.3(v)/99/4 dated 12.07.1999 regarding guidelines for obtaining vigilance clearance from the Commission in respect of candidate(s) recommended for Board Level appointment(s) in Public Sector Enterprises
(i) O.M. dated 30.10.2014 – Policy guidelines for extension of tenure of Board level incumbents where vigilance clearance is not available
(ii) CVC Circular No.005-VGC-101 dated 11.8.2005 regarding grant of Vigilance Clearance – regarding interim additional/concurrent charge
“According to the instructions contained in Department of Personnel & Training OM No.27(5)-EO/88(ACC) dated 4.8.1988 and 27/12/EO/94(ACC) dated 30/7/1999 vigilance clearance is required from the Central Vigilance Commission in respect of officers who are already holding Board level positions and who have been recommended for higher Board level posts. However, the Commission has been considering cases of all officers recommended by PESB for Board in position in PSBs irrespective of their holding Board level or below Board level postings. As per subsequent instructions of DOPT contained in their OM No.1/12/2003-EO(SMII) dated 12.4.2004, approval of ACC is required for additional charge arrangements made for higher posts, if regular appointment to which falls within the purview of ACC.
2. It has been observed that certain Departments/PSEs seek clearance from the Commission for additional/concurrent charge/arrangements. In this connection, it is clarified that whenever some officer is given additional charge of another post for a short duration i.e. up to 3 months, clearance from the CVC will not be required. In such cases, CVO of the organization would give the vigilance clearance.”
To access a copy of the CVC’s Circular dated 11.8.2005, please click here.
(iii) CVC Circular No.3(v)/99/4 dated 12.07.1999 regarding guidelines for obtaining vigilance clearance from the Commission in respect of candidate(s) recommended for Board Level appointment(s) in Public Sector Enterprises
The CVC Circular dated 12.07.1999 is given below:-
“The Central Vigilance Commission is empowered to exercise superintendence over the vigilance administration of the various Ministries of the Central Government or Corporations established under any Central Act, Government Companies, Societies and local authorities owned or controlled by that Government in terms of the powers invested in it under para (3)(v) of the Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training Resolution No.371/20/99-AVD.III dated 4th April 1999.
2. By virtue of these powers, the Commission has been taking various measures to improve the vigilance administration in the Organisations/Departments under its purview. One of the ways which the Commission considers appropriate for achieving this objective is ensure that the top level posts in the PSEs are occupied by persons with exemplary service records and clean vigilance track records. It is in this context, that a system has been evolved for according vigilance clearance, in particular, after the instructions of DOPT’s OM No.27(5)-EO/88(ACC) dated 4th August 1988. In keeping with this instruction, the Commission is consulted for vigilance clearance in respect of those officers, who are already holding board level posts and are being considered for some other board/higher board level posts. In respect of those candidates, who are holding posts below the board level and are recommended by PESB for board level post, vigilance clearance from the Commission is not being obtained. There are many instances, in which officers with adverse vigilance history have managed to occupy Board level positions in PSEs without obtaining vigilance clearance from the Commission, merely because of the fact that they were holding a post below the board level.
3. In order to remedy the defects arising from the existing procedure it has been decided that vigilance clearance should be obtained from the Commission in respect of all candidates/officers recommended by the PESB for appointment to any Board level position in PSEs, irrespective of their holding a board level or below board level post at that point of time.
4. CVOs of all Ministries/Departments must ensure strict compliance of these instructions with immediate effect.
5. This order is also available on website of the CVC at http://cvc.nic.in.”
To access a copy of the CVC’s Circular dated 12.7.1999, please click here.
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III. VIGILANCE CLEARANCE CERTIFICATE
PRO FORMA FOR SEEKING VIGILANCE CLEARANCE
The pro forma for seeking vigilance clearance within the Department, given below, is not prescribed by the Government and is subject to the Disclaimer of Dtf.in.
“PRO FORMA FOR SEEKING VIGILANCE CLEARANCE IN A GOVT. DEPARTMENT
| 1 |
Name of officer |
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| 2 |
Designation |
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| 3 |
Present place of posting |
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| 4 |
Whether on deputation |
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| 5 |
Service to which the officer belongs |
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| 6 |
Whether the service/post belongs to Central Civil Services/Central Civil Post/All India Service |
|
| 7 |
Date of joining |
|
| 8 |
Date of superannuation |
|
| 9 |
Level/Group of the present post and pay scale |
|
| 10 |
Appointing/Disciplinary Authority |
|
| 11 |
Vigilance clearance is required for the purpose of |
(Please tick the relevant column)
1. Empanelment
2. Deputation (internal/another organisation or foreign)
3. Training Programme (except mandatory training)
4. Promotion
5. Mandatory Training
6. Issue of Passport
7. Forwarding of application for outside job
8. Voluntary Retirement/Retirement on superannuation
9. For other purpose not covered above |
| 12 |
Whether vigilance status of the officer from the concerned organization and/or cadre controlling authority has been obtained? |
Yes / No. If yes, enclose a copy. |
| 13 |
Whether the officer has been placed under suspension? |
|
| 14 |
Whether any administrative/disciplinary proceeding is contemplated/pending against the officer in the Estt./Personnel/HR Branch? |
|
| 15 |
Details of any penalty(ies) imposed on the officer in the past? |
|
| 16 |
Whether the officer/official has submitted his/her annual immovable property return of the previous year as required under Rule 18 of the CCS (Conduct) Rules, 1964 within the prescribed time limit. |
|
Under Secretary/Section Officer
CVO/Under Secretary (Vig.)/VO”
In the case where it is necessary to obtain the vigilance clearance in respect of a deputationist officer, a letter, seeking the vigilance clearance, may be sent to the concerned officer of the lending authority. It may not be necessary to send the above form. However, a decision in this regard is to be taken by the competent authority.
To see MHA letter dated 20.9.2011, regarding empanelment of IPS Officers, enclosing a format for seeking the vigilance status/clearance, please click on the following link.
* MHA letter dated 20.09.2011 – Empanelment of IPS Officers for various levels at the Centre – Furnishing of particulars in the prescribed format suggested by CVC
FORM OF VIGILANCE CLEARANCE CERTIFICATE
In practice, there may be different formats of vigilance clearance certificate. A standard format that has been in use for years is given below:-
VIGILANCE DIVISION/SECTION
Vigilance Clearance Certificate
“Certified that no vigilance case is either pending or contemplated against Shri ________________ (name and designation).
Sd/-
CVO or an authorized officer”
If there is no separate Section/Disciplinary Cell dealing with disciplinary cases in the Department/Organisation, the vigilance clearance certificate may be as under:-
VIGILANCE DIVISION/SECTION
Vigilance Clearance Certificate
“Certified that no vigilance case or disciplinary proceeding is either pending or contemplated against Shri ________________ (name and designation).
Sd/-
CVO or an authorized Officer”
If it is felt that some other Division/Section might also be receiving/examining any complaint/case against the officer concerned, the following format may be considered:-
VIGILANCE DIVISION/SECTION
Vigilance Clearance Certificate
“No vigilance case or disciplinary proceeding is either pending or contemplated against Shri ________________ (name and designation), as per the records in this Division/Section.
Sd/-
CVO or an authorized officer”
Sometimes, the following format is also used:-
VIGILANCE DIVISION/SECTION
Vigilance Clearance Certificate
“Shri ________________ (name and designation), is free from the vigilance angle.
Sd/-
CVO or an authorized officer”
IV. VALIDITY OF VIGILANCE CLEARANCE CERTIFICATE
We are not aware of any Govt. instructions specifying the period of validity of the vigilance clearance certificate. Therefore, the practice in this respect may vary from organisation to organisation.
More: Forwarding of Applications for Other posts
O.M. dated 23.12.2013 – Consolidated instructions on Forwarding of Applications of Government servants for Outside Employment-regarding.
O.M. dated 14.07.1993 – Forwarding of applications for other posts – principles regarding.
O.M. dated 22.07.1990 – Forwarding of applications – Retention of lien in the parent Department
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