Monday, December 31, 2012

NUPEGC WISHES HAPPY NEW YEAR 2013

HAPPY AND PROSPEROUS NEW YEAR TO ALL THE VIEWERS,MEMBERS,OFFICE BEARERS

GENERAL SECRETARY


DG No. 8-4/2005-Inv dated 05-12-2012

Subject;: Tenure posting of officials in single handed & double handed post offices preventive Vigilance measure.

Instructions were issued vice this office letter dated 22-09-2005 to the effect that officials who had been posted as SPM/PA in a single handed or double handed post office irrespective of period of posting/completion of tenure should not be posted back to the same office after a break. It was suggested that officials in single handed or double handed post offices can have only one posting in the same single/double handed PO during their service period. However, only in respect of double handed post offices the CPMG/PMG were given the discretion to personally relax this provision in specific casesn if warranted by exceptional administrative exigencies. This was done as a preventive vigilance measure and to have better administrative management and control of single/double handed offices.

2.         Subsequently, power to relax the aforesaid stipulations vested with the Chief PMG/Regional PMG in respect of double handed SOs, was extended in respect of single handed post offices also vide Directorate letter of even no. dated 12-01-2012.

3.         It has now been decided that the aforesaid powers vested with the Chief PMG/Regional PMG in respect of single handed and double handed post offices to consider an official, who had earlier served in the single/double handed office in the Division, will henceforth be exercised by the Divisional Heads subject to the following conditions:

(i)         The Divisional head will satisfy himself/herself about the antecedents and character of the officials for whom the proviso are being relaxed: and a  note to this effect will be given in the file.

(ii)        No official will be posted back to the same single handed / double handed post offices on transfer / deputation or otherwise before a break of full tenure period.

(iii)       Information about cases of relaxation so exercised by the Divisional Head will be communicated in the Regional  PMG/ Chief PMG as the case may be, in a half yearly statement.

4.         This issues with the approval of Secretary (Posts).

Sd/-
(Som Nath Chuchra)
Assistant Director General (INV-I)

Wednesday, December 26, 2012

LEAVE TRAVEL CONCESSION FOR CENTRAL GOVERNMENT EMPLOYEES – FREQUENTLY ASKED QUESTIONS (FAQ)

Leave Travel Concession is one of the topics in which Central Government Employees are mainly interested.  Though this topic is not complex as such, many questions and doubts would arise regarding the admissibility of LTC in many practical situations.  Of Course a written law cannot cover all the situations.  So, Government is issuing clarifications on LTC from time to time.  Covering the original orders and those subsequently issued clarifications by DOPT, some time back we had   published a compilation of frequently asked questions relating to Leave Travel Concession (LTC) applicable to Central Government Employees.
Now DOPT has come up with a compilation of Frequently Asked Questions on LTC (Leave Travel Concession) same mentioned below.

Leave Travel Concession – FAQ – Part-2

Question: 1  How are the claims of LTC be adjusted in case of delayed submission?
Answer:        Where advance has been drawn, the claim for reimbursement shall be submitted within one month of the completion of the return journey.
Where no advance has been drawn, the expenditure incurred shall be submitted within three months of the completion of the return journey.
Administrative Ministry / Department concerned can admit the claims in relaxation of the provisions subject to the following time limits without reference to DOPT:
(a)       Where no advance is taken, LTC bill submitted within a period not exceeding six months; and
(b)       Where advance has been drawn, claim for reimbursement submitted within a period of three months after the completion of return journey (provided the Govt. servant refunds the entire advance within 45 days after completion of the return journey. Rule 14 of CCS(LTC) Rules, 1988 read with O.M.No.31011/5/2007-Estt.A dated 27.09.2012.
Question : 2 Can a Government. Servant visit NER or J&K on more than one occasion on conversion of Home town under the relaxation allowed for LTC visits to NER / J&K
Answer:        Government Servant who has availed the benefit of Home Town conversion to NER / J&K i one block (say 2006-09) can again visit NER / J&K in the new / next block (say 2010-2013) subject to availability of LTC in a particular block so long as the relaxation is in force.
1. O.M No.31011/4/2007-Estt.(A) dated 02.05.2008
2. O.M No.31011/4/2007-Estt.(A) dated 23.04.2010
3. O.M No. 31011/2/2003-Estt.(A) dated 18.06.2010
Question: 3  Can a Government Employee avail of air travel to NER / J&Kin case of All India LTC if his hometown and the Head Quarters are at the same place?
Answer:        Both NER and J&K scheme of LTC allow relaxation for air travel on All India LTC to all categories of employees to the extent specified in the DOP&T’s O.M.No 310311/4/2007-Estt.(A) dated 02.05.2008 and DOP&T’s O.M 31011/2/2003-Estt.(A) dated 18.06.2010 even if the Hometown and the Headquarters are same.
Question 4:  Whether Government Servant who has already availed one Home Town LTC in the current block can avail LTC to visit NER?
Answer:        Yes, he can avail it against All India LTC.
Question 5:  Can a Government Servant avail the benefit of visiting NER /J&K twice in a particular block of 4 years?
Answer:        Yes, a Government Servant can visit NER / J&K by conversion of his home town and also by availing LTC subject to validity period of the Scheme and fulfilling of other conditions
Question 6.   Can a fresh recruit avail the benefit of Home Town conversion to NER / J&K against one of the three occasions of Home Town available to him in each block.
Answer:        Any fresh Government Servant can also avail the benefit of Home Town conversion NER ? J&K against one of the three occasions of Home Town available to him in each block.
Question 7.   Can fresh recruit avail of conversion of home town to visit NER / J&K under the relaxation allowed for visiting NER / J&K?
Answer:        Any Government employee can avail of the relaxation for visiting NER / J&K and convert one home town LTC for such visit in a block of 4 years as long as the relaxations continue.
1. O.M.No. 31011/4/2007-Estt.(A) dated 02.05.2008
2. O.M.No. 31011/2/2003-Estt.(A) dated 18.06.2010
Question 8.   Can a fresh recruit Government servant avail of All India LTC anytime during the 4 year block?
Answer:        It can be availed only in the 4th occasion of the block and not at random.
Question 9.   Whether carry over of LTC is allowed to fresh recruits?
Answer:        Carryover of LTC is not allowed to fresh recruits as they are eligible for every year LTC for the first 8 years of service.
Question 10. Who is a fresh recruit entitled for LTC every year?
Answer:        A person who has joined service for the first time is treated as a fresh recruit for the first eight years.   O.M.No. 31011/4/2008-Estt.(A) dated 23.09.2008
Question 11.How the LTC entitlements of fresh recruits are regulated in the first eight years?
Answer:        On completion of one year, the fresh recruit can be allowed 3 Hme Town LTC and 1 All India LTC in each block of Four Years in the first 8 years.
O.M.No. 31011/4/2008-Estt.(A) dated 23.09.2008
Question 12.            Whether Dependent parents of fresh recruits can avail LTC for the journey form Hometown to Headquarters and back?
Answer:        No, the dependent parents of fresh recruits can not avail LTC for the journey from Hometown to Headquarters and back.
Question 13.            Whether claims for reimbursement can be allowed for road journeys by bus / taxi or other vehicle operated by private operators?
Answer:        LTC Rules do not permit reimbursement for journey by a private car(owned/borrowed/hired) or a bus/van or other vehicle owned by private operators. LTC facility shall be admissible only in respect of journeys performed in vehicles operated by Govt. or any Corporation in the public sector run by the Central or State Govt. or a local body. Rule 12(2) of CCS(LTC) Rules, 1988 read with
DOPT’s O.M.No. 31011/4/2008-Estt.A dated 23.09.2008
Question 14.            Whether air fare of children whose full fare is charged by airlines is reimbursed?
Answer:        If full fare has been charged by the airlines and paid by the Government servant, the same will be reimbursed.
Question 15.            Can a Government servant use the service of travel agents for LTC purpose?
Answer:        Yes. but it should be limited to M/s Balmer Lawrie and Company and M/s Ashok Travels and tours.
Question 16.            What is the definition of family for LTC?
Answer:        For LTC purpose family consists of
(i) Spouse of the Government Servant and two surviving unmarried children or Step children.
(ii) Married daughters, who have been divorced, abandoned or separated from their husbands and widowed daughters residing with wholly dependent on the Govt. Servant.
(iii) Parents and / or step parents residing with and wholly dependent on the Govt. Servant.
(iv) Unmarried minor brothers as well as unmarried, divorced, abandoned separated from their husbands and widowed sisters residing with and wholly dependent on the Government Servant provided their parents are either not alive and are themselves wholly dependent on the Government Servant.
Rule 4 of CCS(LTC) Rules, 1988 read with
O.M.No: 31011/4/2008 – Estt.(A) dated 23.09.2008
Question 17.            What are the dependency criteria?
Answer:        A member of family whose income from all sources, including pension, temporary increase in pension does not exeed Rs.3500 from 01.09.2008 and Dearness relief thereon is deemed to be wholly dependent on the Government Servant.
Question 18.            Can parents / children residing at other places avail LTC to visit the Government Servant at Headquarters and go back?
Answer:        No, reimbursement of LTC claims being restricted to the entitlement for journey between Headquarters and place of visit, the amount reimbursable in such cases is Nil

Thursday, December 20, 2012

ITEMS FOR THE DEPARTMENTAL COUNCIL

THE NEW ITEMS FOR THE DEPARTMENTAL COUNCIL WERE  SUBMITTED BY THE STAFF SIDE.TO DOWNLOAD CLICK ON THE RIGHT SIDE NUPEGC-DATABASE AND Departmental council items in the database

MEETING OF DEPARTMENTAL PROMOTION COMMITTEE FOR LSG,HSGII

THE DEPARTMENT ASKED CIRCLES TO GO AHEAD WITH DPCS TO THE VACANCIES IN LSG AND HSGII. TO DOWNLOAD ORDERS CLICK NUPEGC-Database on the right side and Meeting for  Departmentalpromotion committee in the Data base
General Secretary


Wednesday, December 19, 2012

No.18016/4/2012-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training 
New Delhi, the 14th December , 2012
OFFICE MEMORANDUM
Subject: Special concessions/facilities to Central Government Employees working in Kashmir Valley in attached subordinate offices or PSUs falling under the control of Central Government - Clarification. 
          The undersigned is directed to refer to DOPT OM No.18016/3/2011-Estt.(L) dated 27.6.2012 extending the Special concession/facilities to Central Government Employees working in Kashmir Valley in attached/ subordinate offices or PSUs falling under the control or Central Government for the period with effect from 1.1.2012 to 31.12.2012 and to say that this Department has been receiving references seeking clarifications. 
The doubts raised are clarified as under:- 
1.    Whether those employees who are posted in Kashmir Valley (comprising of 10 districts) are eligible to draw HRA at the rate of 30% for the period of posting when they are transferred from Delhi or any other 'X' class city? As regards to quantum of additional HRA, it is clarified that applicability of above referred OM is not linked to previous place of posting where the officer posted to Kashmir Valley chooses to retain his family nor it is linked to any other place where he chooses to move his family. It is uniformly admissible @ of HRA applicable for Class 'Y' city only for employees who exercise the option to move their families to a selected place of their choice in India. 
2.    Whether it is applicable for those staff also who have been appointed on Zonal basis in Kashmir Valley and do not have all India transfer liability?The package of special concession for Central Government employees working in Kashmir Valley confirms its uniform applicability to all Central Government employees without making any distinction as regards their mode of appointment i.e. whether it is on Zonal basis or whether such appointment entails all India posting liability or whether such duty posts are in non-family stations. As such, special concession is available to all Central Government employees/PSU under the Government of India posted in Kashmir Valley. 
2. Hindi version will follow. 
sd/-
(S.  G. Mulchandaney) 
Under Secretary to Govt. of India

Friday, December 7, 2012

12-12-2012 STRIKE

THE FNPO AFFILIATED UNIONS IN THE DEPARTMENT OF POSTS HAS NOT SERVED ANY  STRIKE NOTICE FOR THE STRIKE ON 12-12-2012.THE NUPE,GROUPC IS NOT A PARTY FOR THE STRIKE CALL GIVEN BY CERTAIN TRADE UNIONS

GENERAL SECRETARY


Min of Personnel, Public Grievances and Pensions
Department of Personnel nd Training
No. 36035/6/2012-Estt.(Res) dated 26 Nov, 2012

OFFICE MEMORANDUM

Subject: Filling up of vacancies reserved for Persons with Disabilities-reg.

            The undersigned is directed to refer to this Department’s O.M. No. 36035/3/2004-Estt.(Res) dated 29-12- 2005 regarding, reservation for Persons with Disabilities in posts and services under the Central Government. The O.M. constrained instructions,inter alia, on carry forward of reservation of persons with Disability (PwD).
2.         Extant instructions provide for ensuring that Persons with Disabilities get a fair opportunity in consideration for appointment to an identified post. The following points are required to be kept in view while sending the requisition notice to the Employment Exchange, the SSC, the UPSC etc. and while advertising the vacancies:-
(i)         Number of vacancies reserved for SCs/STs/OBCs/Ex-servicemen/persons suffering from blindness or Low Vision/Persons suffering from Hearing Impairment/Persons suffering from Locomotor Disability or Cerebral Palsy should be indicated clearly.
(ii)        in case of vacancies in posts identified suitable to be held by persons with disability, it shall be indicted that the post is identified for persons with disabilities suffering from blindness or low vision; hearing impairment; and /or locomotor disability or cerebral palsy, as the case may be, and that the persons with disabilities belonging to the category/categories for which the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment t to the post by general standards of merit.
(iii)       In case of vacancies I posts identified suitable for persons with disabilities, irrespective of whether any vacancies are reserved or not, the categories of disabilities viz blindness or low vision, hearing impairment and locomotor disability or cerebral palsy, for which the post is identified suitable alongwith functional classification and physical requirements for performing the duties attached to the post shall be indicated clearly.
(iv)       It shall also be indicated that persons suffering from not less than 40% of the relevant disability shall alone be eligible for the benefit of reservation.
3.         Concerted efforts should be made to fill up the backlog reserved vacancies for Persons with Disabilities at the earliest.
4.         The instructions continued in the aforesaid OM dated 29th December, 2005 should be followed scrupulously.
Sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India

Friday, November 23, 2012

MEETING NOTICE OF NEXT PERIODICAL MEETING WITH NATIONAL FEDERATION OF POSTAL EMPLOYEES (NFPE) AND FEDERATION OF NATIONAL POSTAL ORGANISATIONS (FNPO) AFFILIATED UNIONS.

                                                                                                             MEETING NOTICE

Government of India
Ministry of Communications & IT
Department of Posts
(SR Section)
                                                                                     Dak Bhawan, Parliament Street
                                                                                                               New Delhi 110001
No. 8/15/2011-SR (ATR)                                                                  Dated: 21st November, 2012
   
Sub:   Meeting notice of next periodical meeting with National Federation of Postal Employees (NFPE) and Federation of National Postal Organisations (FNPO) affiliated Unions.
Secretary (P) will take next periodical meeting with NFPE and FNPO affiliated Unions on 29th November, 2012 in Committee Room, Dak Bhawan as per the following timings:
(i)
National Federation of Postal Employees affiliated Unions.
1000 hrs to 1300 hrs.
(ii)
Federation of National Postal Organisations and its affiliated Unions.
1400 hrs to 1700 hrs.
2.         Please make it convenient to attend the meeting.
            Sd/-
        (Arun Malik)
           Director(SR

Sunday, November 18, 2012

AIC NOTICE ISSUED

THE NOTICE FOR THE AIC IS ISSUED.  TO DOWNLOAD THE NOTICE CLICK ON THE RIGHT SIDE NUPEGC-DATABASE AND AIC.DOC IN THE DATABASE
GENERAL SECRETARY

ALL INDIA CONFERENCE-EDITORIAL



                       ONWARD TO GUNTUR
  Guntur Nagarjuna University entices you. Representative Delegates and the Active corps of the Postal national union movement will converge at Nagarjuna university premises in the month of January 2013 in a mammoth gathering to review the activities of the union in the last two years, analyse the present situation, take a peep in to the future and resolve upon the further steps to be taken to realize our objectives in the 20th All India conference of National Association of Postal Employees Group C Scheduled to be held from 10th to 12th January 2013. We shall be conferring when the USO is under threat, Euro is melting down and this has affected the world economy.Many European countries are facing poverty. As a result, the Indian economy was shaking ever before involving unbelievable price rise. The whole workers community in India is under threat. Indian Government is decided to invite FDI in retail markets whereas demonstrations are organized in Wall Street by the job seekers and middle class.
  The Ministry of communications, India has formulated National Postal Policy 2012 with ultimate aim of making the postal Department as a Public sector Unit. New developments rapidly taking place in the Department. Project Arrow was introduced and core banking is introduced as a first step, the Department is introducing anywhere/anytime/any branch banking through core banking solution. Business Development plans are expanding. The department signed agreements with Accenture Services for modernization of Postal functions. In order to grow organizationally the Department is mooting towards setting up of Post bank of India.
  The much awaited Postal Bill amending the Indian post office Act is yet to be tabled in the Parliament. But the new postal Policy is announced without the amended postal Bill. The staff is suffocated with the changes in the system. The job mobility, change in the atmosphere around us is a matter of concern. The defective HRD solutions and inadequate training, non availability of adequate infrastructure, resultant victimization of the staff is resulted in frustration. Management is not providing solutions and the old attitude of master servant relation instead of leadership role is creating uproar at the field level. The unilateral recovery from the lower level staff for the failures of the system is creating a sense of insecurity. The anomalies in implementation of MACP and denial of promotion to the staff, inordinate delay in restructuring of cadres is the concern of Group C employees. These are only illustrative not exhaustive. We have to, discuss, deliberate and decide future course of action and formulate demands.
Trek to Guntur in large numbers. We are looking forward to a return with hands laden with destiny.
             Let us make the 20th AIC a historic one, and, again, on to Guntur

D.Kishan Rao
General Secretary
                              

Tuesday, November 13, 2012

Wednesday, November 7, 2012



Min of Per, Public Grievances and Pensions
No. 22034/4/2012-Estt.(D) dated 02-11-2012

Subject: Comprehensive review of instructions pertaining to vigilance clearance for promotion – regarding

Instructions issued vide O.M. No. 22012/1/99-Estt.(D) dated 25.10.2004 based o the O.M. No. 22011/4/1991-Estt. (A) dated 14.09.1992 (issued on the basis of procedure laid down by Supreme Court in K.V., Jankiraman case AIR 1991 SC 2010) makes it clear that vigilance clearance for promotion may be denied only in the following three circumstances:-

            (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.

2.         Existing instructions provide for processing the cases of disciplinary proceedings in a time bound manner. A number of cases have however, come to notice where initiation of disciplinary proceedings/issue of charge sheet/processing of the case is considerably delayed by the administrative Ministries/ Departments. Such delays allow an officer whose conduct is under cloud, to be considered for promotion. It becomes essential in respect of officer(s) in whose case disciplinary proceedings are contemplated or pending and are included in consideration zone form promotion, necessary action be taken for placing the proposal before the DPC so that vigilance clearance is not allowed as per conditions mentioned in para 1 above.

3.         The Hon’ble Supreme Court in its judgment dated 27.08.1991 in Union of India Vs K.V. Jankiraman etc. (AIR SC 2010) has held;

            “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”

4.         The issue of promotion of an officer who may be technically cleared from vigilance angle but in whose case it may not be appropriate to promote him/her in view of doubtful integrity or where a charge-sheet is under consideration etc. has been under examination in this Department.

5.         The O.M. No. 22012/1/99-Estt. (D) dated 25th October, 2004 further provides that a DPC shall asses the suitability of the Government servant coming within the purview of the circumstances mentioned in para 2 of the Office memorandum No. 22011/4/91-Estt.(A) date 14.09.1992, along with other eligible candidates, without taking into consideration the disciplinary case/criminal prosecution pending. No promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has not reached the stage of issue of charge sheet etc. if in the matter of corruption/dereliction of duty etc., there is a serious complaint and the matter is still under investigation, the Government is within its right to suspend the official. In that case, the officer’s case for promotion would automatically be required to be placed in the sealed cover.

6.         When a Government servant comes under a cloud, he may pass through three stages, namely, investigation, issue of charge sheet in Departmental Proceedings and/or prosecution for a criminal charge followed by either penalty/conviction or exoneration/acquittal. During the stage of investigation prior to issue of charge sheet in disciplinary proceedings or prosecution, if the Government is of the view that he charges are serious and the officer should not be promoted , it is open to the Government to suspend the officer which will lead to the DPC recommendation to be kept in sealed cover. The sealed cover procedure is to be resorted to only after the charge memo/charge sheet is issued or the officer is placed under suspension. The tendency of preliminary investigations prior to that stage is not sufficient to adopt the sealed cover procedure.

7.         The law on sealed cover based on the judgment of the Apex Court in Union of India Vs. K.V. Janakiraman etc. (AIR 1991 SC 2010), is by now well settled. The O.M. dated 14.9.92 confined the circumstances for adopting sealed cover to the three situations mentioned in para 2 of the said O.M. Even after recommendation of the DPC, but before appointment of the officer if any of the three situations arise, the case is deemed to have been kept in sealed cover by virtue of para 7 of the O.M. dated 14.9.92.

8.         As regards the stage when prosecution for  criminal charge can be stated to be pending, the said O.M. dated 14.9.92 does not specify the same and hence the definition of pendency of judicial proceedings in criminal cases given in Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 is adopted for the purpose. The Rule 9 (6)(b)(i) of CCS (Pension) Rules, 1972 provides as under:-

            “(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”.

9.         For the purpose of vigilance clearance for review DPC, instructions exist in O.M. No. 22011/2/99-Estt.(A) dated 21.11.2002 that review DPC will take into consideration the circumstances obtaining at the time of original DPC and any subsequent situation arising thereafter will not stand in the way of vigilance clearance for review DPC. However, before the officer is actually promoted it needs to be ensured that he/she is clear from vigilance angle and the provision of para 7 of O.M. No. 22011/4/91-Estt.(A)( dated 14.09.1992 are not attracted.

10.        Opening of sealed cover on conclusion of proceedings, is covered in the instructions in para 3 of the O.M. dated 14.9.92. In cases where by the time the Departmental proceedings are concluded and the officer is fully exonerated bnt another charge sheet has been issued, the second charge sheet will not come in the way of opening 0f sealed cover and granting promotion notionally from the date of promotion of the junior and para 7 of O.M. dated 14.9.92 will not apply as clarified in the O.M. No. 22011/2/2002-Estt.(A) dated 24.2.2003. After the disciplinary proceedings are concluded and penalty is imposed, vigilance clearance will not be denied. The details of the penalty imposed are to be conveyed to the DPC.

11.        This Department has issued separate instructions for accordance of vigilance clearance to a member of Central Civil Services/holder of Central Civil post with respect to (a) empanelment (b) deputation (c) appointments to sensitive posts and assignments to training programmers (except mandatory training) vide O.M. No. 11012/11/2007-(Estt. A) dated 14.12.2007. It has been further clarified in the O.M. No. 11012/6/2008-(Estt. A) dated 07.07.2008 that these instructions do not apply to promotions. While consideration for promotion is a right of an employee but empanelment, deputation, posting and assignment for training (except mandatory training) is not a right of an employee and is decided keeping in view the suitability of the officer and administrative exigencies.

12.        It may thus be noted that vigilance clearance cannot be denied on the grounds of pending disciplinary / criminal / court case against a Government servant, if the three conditions mentioned in para 2 of this Department’s O.M. dated 14.09.1992 are not satisfied. The legally tenable and objective procedure in such cases would be to strengthen the administrative vigilance in each Department and to provide for processing the disciplinary cases in a time bound manner. If the chares against a Government servant are grave enough and whom Government does not wish to promote, it is open to the Government to suspend such an officer and expedite the disciplinary proceedings.

13.        All Ministries/Departments are, therefore, requested to keep in view the above guidelines while dealing with cases of vigilance clearance for promotion of the Government servants.

Sd/-
(Virender Singh)
Under Secretary to the Government of India