As per IREC Vol 1 Para 1412
(i) Applications of Govt. servants for other posts should not be forwarded when disciplinary proceedings against them are contemplated whether for major or minor penalty. In other words, when the conduct of a Govt. servant is under investigation and the investigation has reached a stage at which a prima facie case can be made-out but formal charge sheet is yet to be issued, the application of such a Govt. servant should not be forwarded. Thus where the disciplinary proceedings are actually pending, the question of forwarding application does not arise.
(ii)
Where the case against a Govt. servant is only at the investigation stage and
no prima facie case has been established against him, the controlling authority
may forward his application without any comments with regard to the case
against him except stipulating that the controlling authority reserves the
.right not to release the official, if necessary. If by the time the offer
comes, the preliminary investigations are over, the controlling authority
should decide whether to relive him or detain him in public interest.
[E
(D&A) 75-RG6-65 dated 19-10-1978 & 19-1-1976 and E
(D&A) 75-RG6-39 dated 6-10-1968]
