Vigilance clearance: pending preliminary enquiry alone cannot block promotion; chargesheet likelihood or prosecution sanction required.

Vigilance clearance under the office memorandums cannot be withheld solely because a preliminary enquiry or complaint is pending; clearance may be denied only if the competent authority, after considering investigation results, forms the opinion that a chargesheet is likely on specific imputations or sanction for prosecution has been accorded. Departmental proceedings ordinarily commence with a chargesheet. In absence of the required satisfaction, promotion must be considered on seniority cum merit and, if promotion is later granted after a sealed cover is opened, notional promotion and benefits run from the date the immediate junior was promoted, subject to later corrective action if disciplinary punishment is imposed.

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Issues: Whether, under the office memorandums dated 27.6.1979 and 8.1.1981, vigilance clearance can be withheld and promotion denied merely because a preliminary enquiry or complaint is pending against an officer in the absence of a chargesheet or a competent authority's satisfaction that a chargesheet is likely or sanction for prosecution has been accorded.

Analysis: The office memorandums restrict promotion by requiring vigilance clearance but must be strictly construed when they limit a valuable right. The 8.1.1981 memorandum clarifies that vigilance clearance shall not be withheld merely because a preliminary enquiry or registration of a preliminary enquiry exists; clearance may be withheld only where the competent authority, on consideration of investigation results, forms the opinion that a chargesheet may be issued on specific imputations for departmental action, or where sanction for prosecution is accorded. A departmental proceeding is ordinarily initiated only upon issuance of a chargesheet. Absent satisfaction by the competent authority as required by the memoranda, mere pendency of preliminary or departmental inquiry does not justify denial of promotion; where sealed cover is opened and promotion is granted, consequential notional benefits follow from the date the immediate junior was promoted, subject to later corrective action if disciplinary punishment is imposed.

Conclusion: Vigilance clearance cannot be withheld and promotion denied solely on the ground of a pending preliminary enquiry or complaint in the absence of a chargesheet or the competent authority's satisfaction that a chargesheet is likely or sanction for prosecution has been accorded; employees are entitled to be considered for promotion in terms of seniority-cum-merit and, where applicable, to notional promotion from the date their immediate junior was promoted.

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