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| Govt puts bar on Vigilance clearance for penalised officers | | | ET Report
JAMMU, Oct 25: State government today put a bar on giving Vigilance clearance to officers not only booked but facing minor or major penalisation for cases against them.
General Administration Department (GAD) today issued a circular wherein it stated that Vigilance clearance will not normally be granted for a period of three years after the completion of punishment period in all those cases where minor penalty has been imposed on an officer. It further said that in case of imposition of a major penalty, vigilance clearance will not normally be granted for period of five years after punishment period is over. During this, performance of the officer would be kept under strict watch.
The circular further said that Vigilance clearance shall be decided on a case-by-case basis by the competent authority keeping in view sensitivity of the purpose, gravity of the charges alongwith facts and circumstances. It added that the clearance shall also not be granted in the cases where the investigation agency finds no substance in the allegation but the court refuses to permit closure of the FIR; and where the investigating agency/inquiry officer holds the charges as proved but competent administrative authority differs.
It further said that vigilance clearance shall not be withheld if a preliminary inquiry takes more than three months to be completed. It shall also not be withheld unless the officer is under suspension or a charge-sheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending or 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 date of passing such order.
Vigilance clearance shall also not be held back if the charge-sheet has been filed in a Court by the Investigating agency in a criminal case and the case is pending. Clearance shall also not be held if the 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.
Vigilance clearance shall also not be withheld if the sanction for investigation or prosecution has been granted by the competent authority in a case under the Prevention of Corruption Act-2006, or any other criminal matter. It shall also not be denied if an FIR has been filed or a case registered by the concerned department against the officer provided that the charge-sheet is sewed within three months from the date of filing or registering the FIR.
The clearance shall also not be withheld if the officer is involved in a trap or raid case on charges of corruption and investigation is pending. 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 investigation agency provided that there are no directions to the contrary by a competent court of law.
These directions have been issued in the light of the guidelines issued by the Department of Personnel and Training vide office memorandum dated December 14, 2007. It has been decided that 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 Department may already have in its possession that there is prima facie substance to verifiable allegations regarding corruption, possession of assets disproportionate to known sources of income, moral turpitude, violation of the J&K Civil Services (Classification, Control and Appeal) Rules, 1956. |
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