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Sheela Khullar
in Criminal Law Procedural Law
Asked August 06, 2017

Processing of vigilance case agaisnt a government employee

  • 2 Answers
  • 538 Views

Dear Sir My Name is sheela Khullar My Complain is Against Post Dept Employe Who Has Break a Dept Rule in 2000 Accts But Dept Senior Pmg Indore Rakesh Kumar HAs Taken a Bribery And Closing the Case Also My Case HAs Been Transfer To Cvc Dept Of Post But till Date No Result

Answers 2

As per the 'Technical Resignation & Lien- Consolidated guidelines issued No. 28020/1/2010-Estt.(C) Government of India Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training)' -  Lien is terminated in the following cases :

• Lien is not terminated even with the consent of the employee if it leaves the employee without lien on his permanent post. Unless his lien is transferred, a Government servant holding substantively a permanent post retains lien on that post. • If a government servant holds a post substantively and submits a technical resignation without the request for retention of lien even then the employee cannot be denied of lien or if he was relieved on the condition that no lien can be retained even then lien cannot be denied. • A Government employee's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne. • No lien shall be retained: a. where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/ cadre/ post in the Government from the date of absorption; and b. on foreign service/ deputation beyond the maximum.

As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965, The resignation is treated as a technical formality where a Government servant has applied through proper channel for a post in the same or some other Department, and is on selection, required to resign the previous post for administrative reasons. The resignation will be treated as technical resignation if these conditions are met, even if the Government servant has not mentioned the word "Technical" while submitting his resignation. The benefit of past service, if otherwise admissible under rules, may be given in such cases. Resignation in other cases including where competent authority has not allowed the Government servant to forward the application through proper channel will not be treated as a technical resignation and benefit of past service will not be admissible. Also, no question of benefit of a resignation being treated as a technical resignation arises in case of it being from a post held on ad hoc basis. This benefit is also admissible to Government servants who have applied before joining the Government service and on that account the application was not routed through proper channel. The benefit of past service is allowed in such cases subject to the fulfillment of the following conditions: (i)the Government servant should intimate the details of such application immediately on their joining; (ii)the Government servant at the time of resignation should specifically make a request, indicating that he is resigning to take up another appointment under the Government for which he applied before joining the Government service; (iii)the authority accepting the resignation should satisfy itself that had the employee been in service on the date of application for the post mentioned by the employee, his application would have been forwarded through proper channel.

Agree Comment 0 Agrees over 3 years ago

Once a complaint is lodged the CVC then ascertains the merits of the complaint in order to decide whether it should be pursued for further investigation or not. Thereafter, a preliminary investigation is carried to verify the facts so as to decide whether the complaint should proceed through the department or in the court of law. Only in cases that are essentially non-vigilant in nature, investigation is to be made departmentally. In all other cases, the investigation is entrusted upon the Central Bureau of Investigation. Chapter 4 of the CVC manual deals in detail of entrusting investigation through CBI. It can be accessed on: http://cvc.nic.in/man04.pdf 

The CVC has a portal on which one can check the status of the complaint lodged – link http://cvc.gov.in/comp_stat_srch.asp. Generally reports on the complaints sent by the Commission for investigation, are expected by the Commission within a period of three months. Subsequent disciplinary action by the concerned Disciplinary Authority takes around six months. Imposition of penalty takes a further period of three to six months.

Agree Comment 0 Agrees over 3 years ago

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