Vigilance clearance for promotion: Comprehensive review of instructions vide DoP&T OM dated 02.11.2012
Subject :Comprehensive review of instructions pertaining to vigilance clearance for promotion-regarding.
(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.
“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”.
“(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”.