• Vigilance clearance for promotion

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 from my department in april 2016. Subsequently, I have submitted a detailed reply to this SCN and after that, I did not receive any correspondence in this regard.
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. 
Can sealed cover procedure be followed based on show cause notice only.
Asked 4 years ago in Labour

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10 Answers

1) You have to check with the concern authority who is authorized for this to give order that not to promote you without vigilance clearance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Issuance of show cause notice means that preliminary step as per service conduct rule has been taken against you. It also appears that no further step has been taken against you stating that your showing cause is not satisfactory to the Management. However you are under the radar of Vigilance department and require clearance from the said department..

2. The result of your promotional interview has already been kept under sealed cover which will be declared only after you get clearance from the said Vigilance Department.

3. Sealed Cover procedure is followed till service conduct procedure is over and final decision of the Management is made known i.e. either exonerated or punished. In your case, it has not been mentioned that your showing cause is not satisfactory and that no charge sheet has been issued to you. Despite then fact that no charge sheet has yet been issued against you, Vigilance department has the authority to withhold clearance on the ground of suspicion against which you can file writ Petition before the High Court seeking to know the Vigilance report against you if any for withholding your clearance.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

the promotion etc. cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee. To deny the said benefit, they must be at the relevant time pending at the stage when charge-memo/charge-sheet has already been issued to the employee

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You should approach CAT against denial of vigilance clearance by ministry of defence and placing your promotion in sealed cover

2) file separate case and not single case

3) you should submit written respresentation to department before approaching CAT

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. You can approach CAT since it is a government job;

2. You can also file a Writ Petition in the High Court and ask the court to expedite the judgment;

3. You can also ask for stay order on the allegations made against you. And also obtain interim orders;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You may approach CAT or high court jointly or individually.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

This is in further response to you:

1. A show cause notice has been issued to you;

2. Attend the same- which you did by filing reply- they have not communicated back since 2 years;

3. Ask them to send you the charge-sheet or start the proceedings- since it has been 2 years;

4. If they still do not respond, then file a Writ (along with all your proofs) stating that the matter be expedited and the order be pronounced soon;

5. If they have no merit against you and under pressure from High Court, they will succumb and most probably award the Order in your favour (do not withdraw/dispose the case in HIgh Court yet);

6. If it goes against you, go in appeal before the appellate authority;

7. If they still do not expedite in appeal then approach the HC again.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Sealed covered procedure is applicable where disciplinary case/criminal prosecution pending. Mere show cause notice is no reason to hold promotion under cover.

Better approach cort for appropriate relief, before that submit representation in this regard before authority , if no disposal within 15 days, than court.

No advance notice to dept and single petition will agitate for all.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

in the office memorandum No. No.22011/4/91-Estt.(A) dated 14.9.1992, the DOPT has issued the following instructions:

The Departmental Promotion Committee shall assess the suitability of

Government servants coming within the purview of the circumstances mentioned

above along with other eligible candidates without taking into consideration the

disciplinary case/criminal prosecution pending. The assessment of the DPC

including ‘unfit for promotion’ and the grading awarded by it will be kept in a

sealed cover. The cover will be superscribed ‘Findings regarding suitability for

promotion to the grade/post of ……….in respect of Shri………..(name of the

Government servant). Not to be opened till the terminator of the disciplinary

case/criminal prosecution against Shri…….’. The proceeding of the DPC need only

contain the note ‘The findings are contained in the attached sealed cover’. The

authority competent to fill the vacancy should be separately advised to fill the vacancy in the higher grade only in an officiating capacity when the findings of the

DPC in respect of the suitability of a Government servant for his promotion are kept

in a sealed cover.

2.2 The same procedure outlined in para 2.1 above will be followed by the

subsequent Departmental Promotion Committee convened till the disciplinary

case/criminal prosecution against the Government servant concerned is concluded.

3. On the conclusion of the disciplinary case/criminal prosecution which

results in dropping of allegations against the Government servant, the sealed cover

or covers shall be opened. In case the Government servant is completely exonerated

the due date of his promotion will be determined with reference to the position

assigned to him in the findings kept in the sealed cover/covers and with reference to

the date of promotion of his next junior on the basis of such position. The

Government servant may be promoted, if necessary, by reverting the junior most

officiating person. He may be promoted notionally with reference to the date of

promotion of his junior. However, whether the officer concerned will be entitled to

any arrears of pay for the period of notional promotion preceding the date of actual

promotion and if so to what extent, will be decided by the appointing authority by

taking into consideration all the facts and circumstances of the disciplinary

proceeding/criminal prosecution. Where the authority denies arrears of salary or

part of it, it will record its reasons for doing so. It is not possible to anticipate and

enunciate exhaustively all the circumstances under which such denials of arrears of

salary or part of it may become necessary. However, there may be cases where the

proceedings, whether disciplinary or criminal, are, for example delayed at the

instance of the employee or the clearance in the disciplinary proceedings or

acquittal in the criminal proceedings is with benefit of doubt or on account of nonavailability

of evidence due to the acts attributable to the employee etc. These are

only some of the circumstances where such denial can be justified.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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.

You can aproach CAT first and exhaust the remedies.

After that you can prefer an appeal before the high court against the decision of CAT.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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