Vigilance Clearance for release for deputation
Querist :
Anonymous
(Querist) 23 February 2019
This query is : Resolved
I am a Group A officer. I was being released for deputation but vigilance clearance has been with held after receipt of a letter from previous department where I was on deputation, saying that a case for minor panelty has been recommended to CVC for first stage advice. What can I do?
Dr J C Vashista
(Expert) 24 February 2019
Wait and watch for the result of order on report.
Guest
(Expert) 24 February 2019
Recommendation to CVC for initiation of minor penalty case has no relevance for withholding of the vigilance clearance. Any contemplated vigilance case has no validity for the purpose of withholding of vigilance clearance. No charge sheet means no vigilance case is pending against the officer.
Vigilance case becomes due only after the issue of a Charge Sheet that too of major penalty. Moreover, even if major penalty case is recommended to the CVC, no vigilance case nbecomes due till a Charge Sheet is served to the Officer. Still further, the charge sheet on approval by the CVC can well be served to the accused officer even after deputation for holding of departmental inquiry, what to say of a minor penalty case. Even for the officers on deputation, the final decision on penalty rests on the competent disciplinary authority of the parent department.
The intention can well be challenged in the court of law, but an effective representation to the competent authority must be sent and decision awaited for some time before filing any case in the CAT or HC, as the case may be.
So, don't feel handicapped in that respect.
Sudhir Kumar, Advocate
(Expert) 24 February 2019
If there is a regular promotion then sealed covered procedure will not apply unless chargesheet is issued. In such cases deptt hurriedly issues chargesheet.
However in case of deputation one can be stopped even if the conduct is under examination as no vested rights are attached in being relieved to take up deputation.
Sudhir Kumar, Advocate
(Expert) 24 February 2019
As suggested by Mr Dhingra the chargeheet can be served even after reliving on deputation. Nothing stops deptt to give this charity.
