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
(Sanjiv Kumar)
Deputy Secretary to the Government of India
Source: http://dopt.gov.in/
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