DoPT: Grant of vigilance clearance for obtaining passport

DoPT: Grant of vigilance clearance for obtaining passport

F.No.11012/7/2017-Estt.A-III

Government of India

Ministry of Personnel, Public Grievances and Pension

Department of Personnel & Training

Establishment A-III Desk

North Block, New Delhi - 110001

Dated 28th March, 2018

OFFICE MEMORANDUM

Subject: Grant of vigilance clearance for obtaining passport.

The undersigned is directed to say that matter regarding guidelines for granting vigilance clearance to members of the Central Civil Service holding Central Civil Posts have been reviewed and it has been decided to lay down guidelines for grant of vigilance clearance to the Government servant for obtaining Indian Passport.

2. Ministry of External Affairs (MEA) has issued the guidelines for issuance of ordinary Passport to the Government servant vide O.M. No. VI/401/01/05/2014 dated 26.05.2015 in connection with procedures to be the followed in case of passport to be issued to Government servant.

3. In view of the above, it is mandatory for the administrative Department/Controlling Authority to check whether any provision of the Section 6(2) of the Passport Act, 1967 are attracted in the case of employee, who are working under them, while obtaining Indian Passport. As such, it is required to check the vigilance clearance of such Government servant.

4. Accordingly, it has been decided that vigilance clearance can be withheld only under the following circumstances:

(i) The officer is under suspension;
(ii) A charge sheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending.
(iii) Charge sheet has been filed in a Court by the investigating Agency in a criminal case and the case is pending.
(iv) Sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter.
(v) An FIR has been filed or a case has been registered by any Government entity against the officer, after a preliminary fact finding inquiry.
(vi) The officer is involved in a trap/ raid case on charges of corruption and investigation is pending.

5. 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 investigating agency provided that there are no directions to the contrary by a competent court of law. However, the information regarding FIR may be provided to the Passport Office. The final decision will be taken by the concerned Passport Issuing Authority.

6. There may be situations wherein wards and relatives of the civil servants residing abroad (for education and other purposes) could be having medical emergencies or family events. The officer himself/ herself may require to visit abroad for medical reasons. Therefore, as a policy, ordinarily, a passport will not be granted if a disciplinary proceeding is pending against the officer. However, the competent authority can take a view wherein a foreign travel is necessitated due to extreme urgent situation like medical emergencies etc. on case to case basis.

7. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

8. Hindi version will follow.

sd/-
(Sanjiv Kumar)
Deputy Secretary to the Government of India

Source: http://dopt.gov.in/

Status of ACRs/APARs, Vigilance Clearance, Major/Minor penalty certificate…

Status of ACRs/APARs, Vigilance Clearance, Major/Minor penalty certificate…

REMINDER

No. 2/2/2016-CS.II(A)

Government of India

Ministry of Personnel, PG and Pensions

(Department of Personnel & Training)

3rd Floor, LokNayakBhavan,

New Delhi-110003,

Dated the 27th April, 2016.

Office Memorandum

Subject:- Status of ACRs/APARs, Vigilance Clearance, Major/Minor penalty certificate and disclosure certificate in respect of PPS grade of CSSS for preparation of panel of Sr. PPS of CSSS for SLY 2016 – reg.

The undersigned is directed to refer to this Department’s OM of even number dated 16.03.2016 on the subject mentioned above and to circulate herewith the latest position regarding availability of ACRs/APARs, Vigilance Clearance, Major/Minor penalty certificate and disclosure certificate in respect of PPS of CSSS who are likely to be considered for promotion to the grade of Sr. PPS for SLY 2016.

2. The cadre units are requested to check at their end the details of the non-availability of the documents of the officers working in their cadre unit and make available the records to this Division immediately. A copy of the Vigilance Clearance certificate may also be sent to Ms. Gracy Varghese, US, AVD-I, DoP&T, North Block, New Delhi to enable her to furnish consolidated Vigilance Clearance etc.

3. The officers concerned are also requested to take necessary action, in their own interest, in expediting the requisite information urgently. The cadre units are also requested to upload the data (ACRs/APARs etc.) in the web based system at cscms.nic.in before submitting the same to this Department.

4. The list of officers, whose above documents are not available, may be seen/downloaded on/from the website of this Department:

www.http://persmin.nic.in–>

DoP&T–>

OMs & Orders–>

Central Service ->

CSSS –>

ACR-Status of Completion.

(Kameshwar Mishra)

Under Secretary to the Govt. of India

Telefax: 24623157

Download signed copy

Promotion of Section Officers of Central Secretariat Service (CSS) to Grade-I (Under Secretary) – Furnishing of CR dossiers, vigilance clerance, etc

Promotion of Section Officers of Central Secretariat Service (CSS) to Grade I (Under Secretary) – Furnishing of CR dossiers, vigilance clearance, etc.

Reminder-I

No.5/2/2015-CS.I(U)
Government of India
Ministry of Personnel, PG and Pensions
(Department of Personnel & Training)
*******

2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003
Dated the o8th June, 2015

OFFICE MEMORANDUM

Subject: Promotion of Section Officers of Central Secretariat Service (CSS) to Grade I (Under Secretary) – Furnishing of CR dossiers, vigilance clearance, etc.

The undersigned is directed to refer to this Department’s O.M. of even number dated 31.03.2015 on the subject mentioned above (uploaded on web-site www.persmin.nic.in –> DoPT –> Central Secretariat –> CSS –> Promotions –> Promotion (Regular) –> SO to US), and to say that Ministries/ Departments concerned were requested to furnish (i) complete CR dossiers, (ii) vigilance status, (iii) status of imposition of penalty, if any, (iv) ACRs! APARs disclosure certificate and (iv) personal information in respect of the officers as mentioned in Annexures I & II of the abovementioned O.M.

2. CR dossier and other requisite information in respect of large number of officers as mentioned in Annexure have not yet been received. It may be appreciated that this Department will be able to finalize DPC proposal only after information in respect of all officers has been received. To avoid any further delay, it is imperative that CR dossier and the requisite information is furnished urgently.

3. Ministries/ Departments concerned are therefore, once again requested to furnish complete and upto date CR dossier and other requisite information in respect of the officers as mentioned in Annexure in enclosed Proformae latest by 12.06.2015.

To
Ministries/Departments concerned

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/USSL_2015_Reminder_1.pdf

Policy guidelines for Extension of tenure of Board level Incumbents where vigilance clearance is not available: DoPT's instructions

Policy guidelines for Extension of tenure of Board level Incumbents where vigilance clearance is not available: DoPT's instructions

No.17(9)EO/2014-ACC

Government of India

Secretariat of the Appointments Committee of the Cabinet

Department of Personnel & Training

Office of the Establishment Officer

North, Block, New Delhi

Dated : 30.10.2014

OFFICE MEMORANDUM

Subject: Policy guidelines for Extension of tenure of Board level Incumbents where vigilance clearance is not available.

As per extant policy, in case the initial term of 05 years of a Board-level appointee come to an end prior to his/her date of superannuation, extension of his/her tenure upto the date of superannuation is considered with the approval of the ACC subject to his/her being free from vigilance angle and meeting the prescribed performance parameters. In terms of existing instructions, services of any Board-level appointee cannot be terminated on completion of his Initial term, if he/she is due for extension, without specific orders of the ACC. There are many cases, however, where vigilance clearance Is not given in time by CVC/concerned administrative Ministry/Department due to complaints/inquiries pending against the concerned officer.

2. The issue of extension of tenure of Board level incumbents has been examined and with the approval of the ACC, It has been decided to henceforth follow the following procedure In this regard :-

(I) As in the case of fresh appointments, in line with CVC’s instructions dated 31.08.2004, no cognizance should be taken of any complaint which Is received within 06 months prior to the terminal date of the approved tenure of Board-level appointees. This is Imperative as it has been frequently observed that there is a spate of allegations and complaints against Board-level officials whose cases become due for extension of tenure.

(II) The Department should take a conscious decision on whether to extend the term of a Board-level appointee at least one year In advance of the completion of his initial term so that adequate time Is available for the Department to obtain CVC clearance.

(III) Taking into account the vigilance status as on the date six months before the terminal date of initial appointment, the CVC may give its clearance within two months of receiving the reference in this regard from the Administrative Ministry, This limit of two months will Include time taken for back references, CBI references/inquiries, etc.

(IV) Even though complaints received after the cut-off date shall have no bearing upon the process of extension of tenure and would not prejudice the same, such complaints shall be dealt with as per the

normal procedure. Disregarding such complaints received after the cutoff date at the time of deciding upon extension of tenure may not be of any serious consequence as the appointment can always be terminated at a later date if the charges are substantiated on the basis of an inquiry.

(V) (a) In respect of the cases where CVC clearance has been delayed beyond the prescribed timelines, merely on account of procedural reasons, and where there is no denial of vigilance clearance, the case of extension could be processed without waiting any further,

(b) In respect of the cases where CVC clearance is awaited, and there are cases/complaints pending against the officer, the Ministry shell submit to ACC, a proposal for extension of tenure, at least two months prior to the officer’s approved tenure with:

(i) all available information in respect of the complaint;

(ii) material received from/sent to CVC, including enquiry report, if any, of the CVO of the Ministry;

(iii) the comments of the Ministry thereon.

3. All the Ministries/Departments are requested to strictly adhere to the time-line and procedural guidelines stipulated above for processing the proposals for extension of tenure of Board level appointees.

sd/-

(Anand Madhukar)

Director (ACC)

Source : www.persmin.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02eod/17_9_EO_2014_ACC.pdf]