A critical analysis of the Guidelines on vigilance clearance mechanism in the light of Revised Vigilance Clearance Guidelines of the Department of Personnel and Training dated 09th October 2024

The importance of having an unblemished record at workplace cannot be overemphasized. The difficulties and legal wrangles that the employees may find themselves in case they face disciplinary and/or criminal proceedings may lead to unpleasantness besides bringing in financial hardship, reputational damage etc. The careers of many government employees and employees working in public sector gets a severe jolt once they find themselves in a state of facing legal proceedings either from the employer or from the State (i.e the Criminal Law of the Land). The requirement of obtaining vigilance clearance at various stages of the career of an employee places him in a situation of being adherent to always discipline and good conduct. The granting of vigilance clearance can become a severe constraint for career progression as well at the time of exit if the employee comes under the ambit of vigilance angle. This Article delves into the guidelines issued by the Department of Personnel and Training vide Office Memorandum dated 9th October 2024. The guidelines indeed have plugged a deep hole by which an employee is left in the lurch i.e after permission under Section 17A of the Prevention of Corruption is granted to the investigating agency. The revised guidelines make it necessary that a chargesheet should be filed within 3 months after the permission is granted. While this is a welcome change giving huge relief to the vast millions of employees, the guidelines however are silent with regard to the existing cases where permission has been granted but chargesheet has not been served after the period of 3 months. This Article examines the revised guidelines and highlights a few gaps which still remain. The Author makes out an attempt to seek further modification of the guidelines and also extend the applicability to all the employees covered by the Prevention of Corruption Act 1988.