Vigilance clearance for promotion
Abhinandan
(Querist) 30 September 2018
This query is : Resolved
This year on 17 may 2018 I appeared for the assessment interview for promotion, but my result was not declared reason being my vigilance clearance is withheld by Ministry of Defence and result was kept in sealed cover.
I was served a Show Cause Notice in april 2016 for some irregularities.
I submitted a reply to this SCN in june 2016. after that, I did not receive any correspondence in this regard. means no charge sheet issued to me.
my result was to be declared on 30 june 2018. but still it is in sealed cover.
am not under suspension and no criminal proceeding is there.
Can sealed cover procedure be followed based on show cause notice only.
As per supreme court decision in Jankiraman case and followed DOPT orders, vigilance can not be denied merely based on preliminary investigation.
a SCN is treated as preliminary investigation only or more than that.
In 2016 and 2017, vigilance clearances have been given to other officers, who also got show cause notices in the same matter, and their results were declared. Also, there is no further progress has been made after declaring their results.
Should I approach CAT or other court in this matter?
we are 7 employees in this case, can we all file single case?
Is it essential to give notice to department before approaching court.
Guest
(Expert) 30 September 2018
Recommendation of DPC cannot be kept in sealed cover, if no charge sheet has been issued. Must approach the CAT, but with your individual case, not clubbed with any other one. Merit of individual case has to be considered by the CAT, not for all together.
Even otherwise also, if not an academic query on your part, you should be concerned with your own case, not with others cases.
Abhinandan
(Querist) 30 September 2018
Actually, we all were served show cause notices in same matter and results of all of us have been kept in sealed cover, therefor I thought, single case for all will serve the same purpose.
I am a resident of Jodhpur and headquarter of department is in Delhi. Should I approach CAT PB Delhi or CAT Jodhpur. Can u suggest a good advocate for CAT.
Expected time for completion of case? chances of winning?
Guest
(Expert) 30 September 2018
Place of your posting in service is relevant in your case.
Guest
(Expert) 30 September 2018
Place of your posting in service is relevant in your case.
Sudhir Kumar, Advocate
(Expert) 01 October 2018
You can file at Jodhpur as place of posting and Delhi being place of cause of action.
Given facts indicate that you have a sound case to move to CAT.
Dr J C Vashista
(Expert) 01 October 2018
It would be better to approach PB New Delhi, separately and individually.
Abhinandan
(Querist) 01 October 2018
Kindly provide contact no. of an advocate in delhi, who can provide legal assistance in CAT PB delhi
My mobile no. is 9828017345
Guest
(Expert) 02 October 2018
You may contact Dr. JC Vashista through Pvt. Msg. He will provide you his contact particulars.
