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—rti-for-vigilance-clearance [2026/07/10 23:26] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(RTI for vigilance clearance status - RTI Wiki)&metatag-description=(File RTI to the CVO or CVC PIO to learn your vigilance clearance status for promotion or posting. Use the ask-list, Rs.10 fee, denial grounds and appeal ladder.)&metatag-keywords=(vigilance clearance RTI, CVC, CVO, agreed list, promotion clearance, DoPT vigilance guidelines, appeal)&metatag-robots=(index,follow)&metatag-og:title=(RTI for vigilance clearance status - RTI Wiki)&metatag-og:description=(File RTI to the CVO or CVC PIO to learn your vigilance clearance status for promotion or posting. Ask-list, Rs.10 fee, denial grounds, appeal ladder.)&metatag-og:type=(article)}}
  
 +====== RTI for vigilance clearance status ======
 +
 +{{:social:auto:rti-for-vigilance-clearance.png?direct&1200 |Vigilance clearance status by RTI — RTI Wiki}}
 +
 +Ramesh works as a Section Officer in a Central ministry. For three years running he has applied for empanelment to a higher grade. Each time the file moves, it stops at the line "vigilance clearance awaited". Nobody tells him what is pending, who complained, or when it will clear. His junior got promoted last month. Ramesh is not accused of anything, but a single unsigned complaint sitting in a drawer is freezing his career.
 +
 +This is not rare. Vigilance clearance is the silent gatekeeper of every promotion, posting and empanelment in Central Government. The trouble is, the gate is invisible. You are never told why it is shut. The Right to Information Act, 2005 is the one tool that lets you ask, in writing, and get a written reply. This guide shows you exactly what to ask, where to send it, what it costs, and what to do when the reply does not come.
 +
 +<WRAP info>**Direct answer.** File your RTI application to the **Public Information Officer of your departmental Chief Vigilance Officer (CVO)**, or to the **CVC PIO** if the matter is with the Central Vigilance Commission. Ask for clearance status, Agreed List / ODI List placement, complaint-action status, and the projected clearance date. Fee is **Rs.10** for Central Government public authorities.</WRAP>
 +
 +===== What vigilance clearance actually is =====
 +
 +Vigilance clearance is the formal confirmation that there is no pending complaint, inquiry, trap case, criminal case, or penalty against a government employee that should block their promotion, posting to a sensitive seat, empanelment, or deputation. Without it, the file does not move.
 +
 +The clearance is governed by two DoPT Office Memoranda that you should name in your application:
 +
 +  - **DoPT OM No. 104/76/2022-AVD.IA dated 28.09.2022** — the consolidated guidelines, which merged earlier OMs of 29.10.2007, 14.12.2007, 07.09.2011, 27.09.2011 and 21.06.2013. It has two parts: **Part A for AIS officers** and **Part B for Central Civil Services and posts**.
 +  - **DoPT OM No. 104/33/2024-AVD-IA dated 09.10.2024** — the revised guidelines on grant of vigilance clearance to AIS officers and Central Civil Services/posts.
 +
 +The conduct framework underneath is the **CCS (Conduct) Rules 1964** — notably **Rule 9** on unbecoming conduct and **Rule 18** on filing the Annual Immovable Property Return. The CVC Vigilance Manual sets out the working procedure, including the Agreed List and the Officers of Doubtful Integrity list.
 +
 +===== When clearance is denied =====
 +
 +Under the 2022/2024 guidelines, vigilance clearance is **not** granted if the officer:
 +
 +  - is under suspension;
 +  - is on the **Agreed List** (this list is reviewed after one year);
 +  - is facing a pending **disciplinary chargesheet**;
 +  - is facing a **criminal chargesheet** filed in court;
 +  - has **sanction for prosecution** under the Prevention of Corruption Act;
 +  - has an **FIR registered** against them (the chargesheet is to be served within three months);
 +  - is involved in a **trap or raid case** with investigation still pending.
 +
 +Two penalty bars also apply. After a **minor penalty** has run its course, clearance is denied for **three years**. After a **major penalty**, the bar is **five years**.
 +
 +One more ground people miss: if you have **not filed your Annual Immovable Property Return by 31st January**, that alone is a ground for denial of vigilance clearance under Rule 18 of the CCS (Conduct) Rules 1964.
 +
 +===== Agreed List and ODI List — the two lists that matter =====
 +
 +The old "A/B" categorisation does not exist. There are two distinct lists, and your RTI must name them correctly.
 +
 +  - **Agreed List** — a list of gazetted officers against whose honesty or integrity there are complaints or doubts. It is prepared in consultation with the CBI, stays in force for **one year**, and officers on it are not posted to sensitive positions.
 +  - **Officers of Doubtful Integrity (ODI) List** — a separate list that operates for **three years**.
 +
 +If a PIO replies "you are on a list" without saying which one, ask again. The two lists have different review periods and different consequences.
 +
 +===== The empanelment silence rule =====
 +
 +For empanelment, the CVC's comments are obtained. If **no comments are received from CVC within three months**, it is presumed there is nothing adverse on record. This is your strongest lever. If your file has been sitting longer than three months with no CVC response, that silence works in your favour — name this rule in your RTI and ask whether the three-month period has lapsed.
 +
 +===== How to file the RTI — step by step =====
 +
 +  - **Step 1 — Identify the PIO.** For most employees the first stop is the **CVO of your own ministry or department**. If the file has gone to the Commission, address the **CVC PIO**. If you are an AIS officer, the cadre-controlling authority's vigilance wing holds the file.
 +  - **Step 2 — Draft the application.** Use Section 6 of the RTI Act 2005. Keep it short, numbered, and specific. A template is below.
 +  - **Step 3 — Pay the fee.** Rs.10 for Central Government public authorities, payable by Indian Postal Order, banker's cheque, demand draft, or cash against a proper receipt. If you hold a BPL card, the fee is waived — see [[claim-rti-fee-waiver-bpl-2026|how to claim the RTI fee waiver for BPL]].
 +  - **Step 4 — Submit and keep proof.** Send by registered post, keep the postal receipt and a dated copy. The PIO must reply within **30 days** (48 hours where life or liberty is involved, rare here).
 +  - **Step 5 — If no reply or a bad reply, appeal.** First appeal under Section 19(1) to the First Appellate Authority within 30 days. If that fails, second appeal to the Central Information Commission under Section 19(3). The full ladder is at [[file-first-appeal-rti-section-19-2026|file your RTI first appeal under Section 19]] and [[file-second-appeal-cic-sic-2026|file your RTI second appeal to the CIC]].
 +
 +===== The questions to ask =====
 +
 +Ask these, each as a numbered point, so the PIO cannot dodge with a vague reply:
 +
 +  - **Vigilance clearance status** — is clearance granted, pending, or denied as of this date?
 +  - **Agreed List / ODI List placement** — am I on either list? If yes, which one, since when, and what is the review date?
 +  - **Action on complaints** — how many complaints are pending against me, what stage is each at, and has any been closed?
 +  - **Projected clearance date** — by when is clearance expected to be decided?
 +  - **Representation disposal** — has any representation I sent been received and disposed of? Give the date and outcome.
 +
 +Do **not** ask for the contents of complaints or the names of complainants. That material is protected under **Section 8(1)(g)** (unwarranted invasion of privacy) and **Section 8(1)(h)** (impeding investigation or prosecution). The [[section-8-rti-exemptions|RTI Section 8 exemptions guide]] and [[pio-section-8-1-h-investigation|when PIOs wrongly cite Section 8(1)(h) investigation]] explain this in detail. Ask for the **status and stage**, not the substance.
 +
 +===== Sample application =====
 +
 +<code>
 +To: The Public Information Officer
 +    Office of the Chief Vigilance Officer, [Ministry / Department]
 +    [Address]
 +
 +Subject: Application under Section 6 of the RTI Act, 2005 —
 +         Vigilance clearance status
 +
 +Sir/Madam,
 +
 +I am [Name], holding the post of [Designation] in [Office].
 +My vigilance clearance for [promotion / empanelment / posting
 +to ____] is pending. Please furnish, in respect of my file:
 +
 +1. The present status of my vigilance clearance
 +   (granted / pending / denied), with date.
 +2. Whether my name figures on the Agreed List or the Officers
 +   of Doubtful Integrity List; if yes, since when, and the
 +   next review date.
 +3. The number of complaints pending against me, the stage of
 +   each, and how many have been closed in the last one year.
 +4. The date by which clearance is expected to be decided.
 +5. The date and outcome of any representation submitted by me
 +   on [date].
 +
 +I am a Central Government employee. The prescribed fee of
 +Rs.10 is paid by Indian Postal Order No. _____ dated _____,
 +favouring [authority].
 +
 +Place: ___          Signature
 +Date:  ___          [Name, designation, address, phone]
 +</code>
 +
 +===== What the courts and Commission have said =====
 +
 +These are the real anchors, not the often-cited but non-existent "PC Joshi v. CVC" case.
 +
 +  - **Centre for PIL v. Union of India (Supreme Court, 3 March 2011)** — the P.J. Thomas CVC appointment case. The Court held that mere vigilance clearance by the CVC cannot override a pending chargesheet, and that the **institutional integrity** of the CVC is the touchstone for appointment. The High-Power Committee recommendation was quashed. Lesson for you: clearance is not a clean chit if a chargesheet is live.
 +  - **Union of India v. Manjit Singh Bali (Delhi High Court, 06.08.2018, W.P.(C) 6341/2015 and 1803/2018)** — the Court held that **Section 8(1)(h) cannot be invoked merely by reproducing the statutory language**. Once a chargesheet has been filed, vigilance file notings relating to sanction of prosecution are disclosable to the person concerned. So a PIO cannot just parrot "investigation pending" to deny you everything.
 +  - **P. Praveen Kumar v. Central Vigilance Commission (CIC, 29.04.2019, File No. CIC/CVCOM/A/2017/120855/SD)** — the CIC directed disclosure of file notings in the appellant's own vigilance case, holding that **names and designations of other officers may be severed under Section 10** rather than withholding the information entirely. This is your answer when a PIO refuses the whole file to protect third-party names.
 +
 +===== Common mistakes =====
 +
 +  - **Asking for complaint contents** — invites a Section 8(1)(g)/(h) refusal. Ask for status and stage instead.
 +  - **Skipping the Agreed List / ODI List question** — the two lists have different review periods; naming both forces a precise reply.
 +  - **Forgetting the three-month silence rule** — if CVC has not commented within three months on empanelment, that is treated as nothing adverse. Ask whether that period has run.
 +  - **Missing the property return angle** — if your clearance is stuck and you have not filed your IPR by 31 January, fix that first; it is a standalone ground for denial.
 +  - **Letting deadlines pass** — 30 days for the PIO reply, 30 days for the first appeal, 90 days for the second appeal to the CIC. Miss them and the ladder collapses.
 +
 +===== Pro tips =====
 +
 +  - **Coordinate with your staff union or association** where one exists; a collective representation on stalled clearances carries weight and is harder to ignore.
 +  - **Take the appeal route, not a fresh RTI, when the first reply is evasive** — a first appeal forces a senior officer to re-read your questions and answer on record.
 +  - **Pair this with an ACR/APAR request.** A blank or delayed Annual Performance Report is a separate, equally common block on promotion. See [[rti-for-acr-apar-copy|how to get your ACR/APAR copy by RTI]].
 +  - **If a disciplinary case is the real block**, the clearance RTI will only tell you it is pending. Use [[rti-for-disciplinary-action-status|RTI for disciplinary action status]] to get the stage of that case separately.
 +  - **CBI is RTI-exempt for its own investigation files** under the Second Schedule, so do not address vigilance RTI to CBI. Address it to your CVO or the CVC PIO. The [[pio-section-24-exempt-organisations|Section 24 exempt organisations guide]] explains which bodies are out of reach.
 +
 +===== FAQ =====
 +
 +  - **Q: I am on the Agreed List — is clearance automatically denied?** Not forever. The list is reviewed after one year. Ask, by RTI, the date of next review and the grounds. If the year has passed with no review, push for de-listing.
 +  - **Q: A CBI FIR was registered but no chargesheet yet.** The guidelines say the chargesheet should be served within three months. Ask, by RTI, whether that three-month window has expired and what action follows.
 +  - **Q: The PIO says everything is under Section 8(1)(h).** Cite **Manjit Singh Bali** — the Delhi High Court held that the section cannot be invoked by merely reproducing its language. Once a chargesheet is filed, the file notings on sanction are disclosable to you.
 +  - **Q: The CVC has not replied for months on my empanelment.** The three-month silence rule applies — no comment within three months means nothing adverse on record. Ask the CVO to confirm the lapse in writing.
 +  - **Q: Can I get the names of officers who complained?** No. Under **P. Praveen Kumar**, third-party names are severed under Section 10, not disclosed. You get the status, not the identities.
 +
 +===== Related reading =====
 +
 +  - [[:rti-for-disciplinary-action-status|RTI for disciplinary action status]]
 +  - [[:rti-for-acr-apar-copy|RTI for ACR / APAR copy]]
 +  - [[file-first-appeal-rti-section-19-2026|File your RTI first appeal under Section 19]]
 +  - [[file-second-appeal-cic-sic-2026|File your RTI second appeal to the CIC]]
 +  - [[section-8-rti-exemptions|RTI Section 8 exemptions explained]]
 +  - [[pio-section-8-1-h-investigation|When PIOs wrongly cite Section 8(1)(h) investigation]]
 +  - [[file-cbi-vigilance-complaint-2026|How to file a CBI / vigilance complaint]]
 +  - [[claim-rti-fee-waiver-bpl-2026|RTI fee waiver for BPL holders]]
 +
 +===== Sources =====
 +
 +  - DoPT OM No. 104/33/2024-AVD-IA dated 09.10.2024 — Revised Guidelines on grant of Vigilance Clearance (doptcirculars.nic.in).
 +  - DoPT OM No. 104/76/2022-AVD.IA dated 28.09.2022 — Consolidated Vigilance Clearance Guidelines (doptcirculars.nic.in).
 +  - CVC Vigilance Manual — Agreed List and ODI List procedure (cvc.gov.in).
 +  - CCS (Conduct) Rules 1964 — Rule 9 and Rule 18 (IPR filing by 31 January).
 +  - Centre for PIL v. Union of India, Supreme Court, 3 March 2011 (P.J. Thomas CVC appointment).
 +  - Union of India v. Manjit Singh Bali, Delhi High Court, 06.08.2018 (W.P.(C) 6341/2015 and 1803/2018).
 +  - P. Praveen Kumar v. Central Vigilance Commission, CIC, 29.04.2019 (CIC/CVCOM/A/2017/120855/SD).
 +  - DoPT RTI Rules, 2012 — Rs.10 application fee for Central Government public authorities.
 +
 +//Last reviewed: 4 July 2026.//
 +
 +===== Support this work =====
 +
 +This guide is free because ordinary people should be able to force an invisible system to answer. If it helped you, two things keep it alive:
 +
 +  - Read **[[https://righttoinformation.wiki/book|The RTI Playbook]]** — the full, plain-language field manual for filing, appealing, and winning.
 +  - **Donate** to support more such guides. Every rupee goes to research, drafting, and keeping the site ad-light.
 +
 +{{tag>rti for vigilance clearance citizen-rti rti-template cvc agreed-list odi-list promotion-clearance}}===== RTI for vigilance clearance: How to check status and file RTI for government employees (2026) =====
 +
 +RTI for vigilance clearance — complete guide on checking status and filing RTI for government employees:
 +
 +  - **Step 1: What is vigilance clearance and why is it needed?** (a) The vigilance clearance — is a certificate — issued — by the Vigilance Unit — of the department — confirming — that the government employee — has no — disciplinary — or criminal — case — pending — against them, (b) the purposes: (i) promotion, (ii) deputation, (iii) foreign — assignment, (iv) retirement — benefits, (v) post-retirement — appointment, (vi) voluntary — retirement, (c) the authorities: (i) the CVC (Central Vigilance Commission) — for the central — government — employees, (ii) the state — Vigilance Commission — for the state — government — employees, (iii) the departmental — Vigilance Officer — for the department — level.
 +  - **Step 2: What are the types of vigilance clearance?** (a) the routine — clearance: (i) for the promotion — and the deputation, (ii) the clearance — is based — on the vigilance — status — in the service — record, (b) the special — clearance: (i) for the foreign — assignment — and the sensitive — posting, (ii) the clearance — involves — the detailed — check — by the CVC — and the IB, (c) the post-retirement — clearance: (i) for the post-retirement — appointment — and the commercial — employment, (ii) the clearance — is under Rule 26 — of the CCS (Pension) Rules, (d) the integrity — certificate: (i) a separate — certificate — confirming — the integrity — of the employee, (ii) required — for the senior — level — promotions.
 +  - **Step 3: Vigilance clearance type table.** (a) Routine clearance: (i) the purpose: promotion/deputation, (ii) the authority: departmental CVO, (iii) the timeline: 30 days, (iv) the check: service record + vigilance status, (b) Special clearance: (i) the purpose: foreign assignment/sensitive posting, (ii) the authority: CVC + IB, (iii) the timeline: 60 days, (iv) the check: detailed vigilance + IB report, (c) Post-retirement clearance: (i) the purpose: commercial employment, (ii) the authority: department + CVC, (iii) the timeline: 30 days, (iv) the check: pending cases + integrity, (d) Integrity certificate: (i) the purpose: senior promotion, (ii) the authority: CVO, (iii) the timeline: 15 days, (iv) the check: integrity + vigilance status.
 +  - **Step 4: How to check vigilance clearance status.** (a) the employee — can check — the status: (i) through — the department — CVO — or the HR — department, (ii) through — the CVC — portal — cvc.gov.in — for the central — government — employees, (b) the CVC — portal: (i) visit cvc.gov.in, (ii) click on "Vigilance Clearance" — or "Status Check", (iii) enter — the employee — details — and check — the status, (c) the state — commission: (i) contact — the state — Vigilance Commission, (ii) file — the RTI — for the status.
 +  - **Step 5: How to file RTI for vigilance clearance.** (a) the CVC — and the department — and the state — Vigilance Commission — are public authorities — under the RTI Act, (b) the RTI application — can ask: (i) "Provide the vigilance — clearance — status — of the employee — [name] — [designation] — [department] — including: (a) the clearance — type, (b) the application — date, (c) the status — (pending/cleared/denied), (d) the reason — for the delay — or denial", (ii) "Provide the vigilance — status — of the employee — [name] — [designation] — [department] — including: (a) the pending — cases — if any, (b) the case — details, (c) the case — status, (d) the integrity — certificate — status", (iii) "Provide the statistics — of the vigilance — clearance — for the [department] — for the period [date] to [date] — including: (a) the applications — received, (b) the cleared, (c) the denied, (d) the pending, (e) the average — processing — time", (c) the application fee — is Rs 10 — for the central — government — and varies — for the state.
 +  - **Step 6: Common problems and solutions.** (a) the clearance — delayed: (i) contact — the CVO — and the HR, (ii) file RTI — for the status — and the reason — for the delay, (b) the clearance — denied: (i) obtain — the reason — in writing, (ii) file — the appeal — with the higher — authority, (iii) file RTI — for the denial — reason, (c) the false — vigilance — entry: (i) file — the representation — with the CVO — and the CVC, (ii) file RTI — for the vigilance — record — and the source — of the entry, (iii) file — the appeal — under the RTI Act — for the correction, (d) the integrity — certificate — denied: (i) obtain — the reason — in writing, (ii) file — the appeal — with the CVC.
 +  - **Step 7: Practical tips.** (a) apply — for the vigilance — clearance — well in advance — (30-60 days), (b) keep — the service — record — updated — and clean, (c) check — the vigilance — status — on cvc.gov.in — before the promotion, (d) file RTI — with the CVC — or the CVO — for the clearance — status, (e) file the First Appeal — within 30 days — of the denial — or the silence, (f) Example: A government employee — was due — for the promotion — but the vigilance — clearance — was delayed — for 60 days — and the employee — filed RTI — with the CVC — for the clearance — status — and the CVC — provided — the information — showing — that the clearance — was pending — due to the incomplete — IB — report — and the employee — followed up — with the IB — and the clearance — was issued — within 15 days — and the promotion — was processed.
 +
 +See [[https://righttoinformation.wiki/rti-for-vigilance-clearance|Vigilance Clearance RTI]] and [[https://righttoinformation.wiki/cpd/pio/m4-drafting-reply-severability|PIO Drafting Reply]].
 +
 +{{tag>vigilance clearance rti 2026 cvc government employee promotion deputation integrity certificate india 2026}}