Vigilance clearance technically granted removes impediments to consideration for promotion and disbursement of withheld monetary benefits.

The Petitioner, a Superintending Engineer (Civil) in the Border Roads Organisation (BRO), was denied consideration for promotion to the post of Chief Engineer due to a pending vigilance enquiry, despite the existence of over ten vacancies

the Court had previously ordered that one vacancy be kept reserved for the Petitioner while allowing other promotions to proceed subject to final adjudication

Subsequently, the Respondents informed the Court that vigilance clearance had been technically granted, removing the primary impediment to his promotion

1. Whether the Petitioner is entitled to be considered for promotion to the post of Chief Engineer following the grant of technical vigilance clearance

2. Whether the Petitioner is entitled to the release of withheld monetary benefits and the restoration of inter-se seniority upon being found eligible for promotion

The Court applied the principles governing service jurisprudence regarding the right of an employee to be considered for promotion by a Departmental Promotion Committee (DPC) in accordance with relevant Recruitment Rules

It upheld the doctrine that once disciplinary or vigilance hurdles are cleared, the employee's claim for promotion and consequential benefits (including inter-se seniority and arrears) must be processed by the administration to prevent prejudice caused by technical delays

The Court noted that the sole justification for bypassing the Petitioner for promotion was the pendency of a vigilance enquiry

Upon the Deputy Solicitor General’s submission that technical vigilance clearance had been granted, the Court found there was no longer any legal or administrative impediment to his promotion

The Court reasoned that to ensure justice, the Respondents must now proactively constitute a DPC to evaluate the Petitioner's eligibility under existing rules. Furthermore, the Court linked the release of withheld monetary benefits directly to the resolution of the vigilance enquiry, determining that such benefits cannot be withheld once the underlying administrative reason (the enquiry) is resolved

If found eligible, the Petitioner’s inter-se seniority is to be fixed according to his original seniority. Additionally, the Court ordered that any monetary benefits withheld since January 2023 due to the vigilance enquiry be considered for immediate disbursal