subject to Vigilance clearance, and even when no such circumstances had arisen to withhold his Vigilance clearance after the orders of promotion of similarly placed ... applicant was entitled for being promoted, subject to the Vigilance clearance. But such Vigilance clearance was not made available.
26. Learned counsel for the applicant
discipline and vigilance purpose and therefore,
14
Discipline and Vigilance Clearance (DV clearance) is sought
for from ADG (DV). DV clearance which is an important ... issue vigilance clearance to the respondent. In the absence
of vigilance clearance, case of the respondent could not
have been considered for promotion
applicant was under suspension and hence vigilance clearance may
be withheld. Since vigilance clearance was withheld, the promotion
order issued by BSNL Corporate Office could ... vigilance
clearance. Accordingly, vigilance clearance was sought on 26.05.2018.
However, the Vigilance Cell, BSNL, vide impugned letter dated
04.08.2018 (Annexure A-10), withheld the vigilance
promotion against the Vacancy Year 2025. The DPC meeting was
held οη 24.12.2024. The Applicant was not given promotion as no
Vigilance Clearance was issued ... withhold vigilance clearance to the applicant for the DPC dated
24.12.2024.
A.2. As there was no impediment for giving vigilance clearance to
the applicant
issuing offer of promotion, vigilance
clearance was obtained from Adm.Vigilance Section, CHQ,
as per rule. In the said vigilance clearance, it was
mentioned that ... three conditions for denial of vigilance
clearance brought out earlier, states that "withholding of vigilance clearance to a
government servant who is not under
Training),
Government of India has issued instructions pertaining to vigilance clearance
for promotion based on instructions dated 14.09.1992 after the judgment ... Jankiraman's case (supra). Instructions dated
14.09.1992 provide for vigilance clearance for promotion can be denied in the
following three circumstances:
"(i) Government
appellant, vide his RTI application dated 1.5.2015,
sought copies of promotion order, vigilance clearance, DPC recommendation and all the
related note sheets regarding the promotion ... been provided the note given by the vigilance, the copy of
vigilance clearance certificate granted by the vigilance had not been provided
made a comprehensive review of the instructions pertaining to vigilance clearance for promotion and has, inter alia, reiterated the OM dated 14.09.1992 issued ... which provides for a comprehensive review of instructions pertaining to vigilance clearance for promotion. This OM, after stating in the opening paragraph that
under:-
Official respondents counsel states that due to withholding of vigilance clearance, promotion of the applicant had been placed under sealed cover and on implication ... fair and equitable consideration for promotion. As there is nothing adverse against the applicant, unnecessarily withholding the vigilance clearance of the applicant, as no material
Good only.
As a consequence, while the applicant was declared `Unfit for promotion, three of his juniors were promoted to the rank of Chief Commissioner ... numerical grading of `9/10. The applicant had already been accorded vigilance clearance certificate and on the date of the original DPC dated
