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/
