CBEC -Procedure for grant of Vigilance Clearance for purpose of NOC for passport and for personal travel abroad
CBEC has examined and approved a proposal of Directorate General of Vigilance for streamlining of the procedure for grant of Vigilance Clearance to Group ‘A' officers for various purposes. These instructions are being issued for the guidance of field officers for grant of Vigilance Clearance for the purpose of issue of NOC for applying for a passport and for personal travel abroad.
A passport can be denied under S.6(2)(C) of the Passports Act, 1967 if:
i) The applicant has been convicted by a court of India for any offence involving moral turpitude and has been sentenced to imprisonment of not less than 2 years.
ii) Criminal proceedings in respect of an offence alleged to have been committed by the applicant are pending before a court in India.
If a person is facing a criminal charge, he requires permission from the competent Court to obtain a passport and his passport has to be surrendered to the Court during trial, if the Court so desires.
It has been decided that Vigilance Clearance for NOC for passport is to be denied only if a charge of prosecution is pending against the officer or if he has been convicted. If a request for sanction for prosecution has been received from a competent agency, NOC for passport will be denied. Departmental penalty proceedings will not be considered a ground to deny Vigilance Clearance for NOC for passport.
It has further been decided that permission for personal travel abroad will be denied if a charge of prosecution is pending against an officer or if a request for sanction for prosecution has been received from a competent agency.
Where penalty proceedings are pending and where there is a possibility that the officer may be dismissed or removed from service, the leave sanctioning authority may decide the grant of permission to travel abroad based on the gravity of the charges, the duration of leave, reasons for foreign visits, source of funding etc.
The facts of the penalty proceedings would be conveyed to the leave sanctioning authority to enable him to take a decision on whether personal travel should be permitted or not.
A punishment like dismissal or removal cannot be imposed in minor penalty proceeding, and hence permission to travel abroad may be granted in such cases.
A request for Vigilance Clearance should be sent to DGoV at least one month in advance and should invariably include the Civil List ID No. of the officer.