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English Release 22-October 2014
Date Month Year
  • President's Secretariat
  • President’s Diwali greetings
  • Vice President's Secretariat
  • Vice President Greets People on Deepawali
  • Prime Minister's Office
  • PM's 2nd "Mann Ki Baat" programme on 2nd November
  • PM shares the link of his page for Diwali wishes
  • Min of Culture
  • Former Chief Election Commissioner, Shri N Gopalaswami appointed as Chairman of Kalakshetra Foundation Chennai
  • Min of Defence
  • Update on Su-30 Accident
  • Min of Human Resource Development
  • Ministry of Human Resource Development Launches All India Survey on Higher Education (AISHE) 2014-15
  • Min of Information & Broadcasting
  • Government to commemorate Sardar Patel’s birthday on October 31 as ‘Rashtriya Ekta Divas’.
  • Min of Micro,Small & Medium Enterprises
  • The Ministry of Micro, Small and Medium Enterprises gets ISO 9001: 2008 Certificate
  • Min of Petroleum & Natural Gas
  • Global crude oil price of Indian Basket was US$ 83.73 per bbl on 21.10.2014
  • Min of Skill Development, Entrepreneurship, Youth Affairs and Sports
  • India won 3 Medals at 2nd Asian Para Games 2014 on 21st October, 2014

Previous Date

 
Ministry of Personnel, Public Grievances & Pensions19-December, 2012 15:57 IST
Seeking Permission for Prosecution

After investigation/enquiry of the case, the CBI sends its report to the administrative Ministry/ Department/ appropriate Competent Authority/Chief Vigilance Officer/Chief Secretary concerned and seeks sanction for prosecution of the accused public servant under section 19 of the Prevention of Corruption Act, 1988.

As per information provided by the CBI, as on 31.10.2012, there are 92 cases containing 207 requests in which sanction for prosecution is pending with various Ministries/Departments.

The Supreme Court of India, vide its judgment dated 18th December, 1997 in the case of Vineet Narain Vs. Union of India, directed that “time limit of three months for grant of sanction for prosecution must be strictly adhered to. However, additional time of one month may be allowed where consultation is required with the Attorney General (AG) or any Law Officer in the AG’s office”.

Sometimes it is not possible to adhere to the prescribed time-limit. The delay which occurs in the sanctioning of prosecution in some cases is mostly on account of detailed scrutiny and analysis of voluminous case records and evidence, consultation with Central Vigilance Commission (CVC), State Governments and other agencies, and sometimes non-availability of relevant documentary evidence.

However, in order to check delays in grant of sanction for prosecution, the Department of Personnel & Training has already issued guidelines vide its OM No.399/33/2006-AVD-III dated 6th November, 2006 followed by another OM dated 20th December, 2006, providing for a definite time frame at each stage for handling of requests from CBI for prosecution of public servants.

The Group of Ministers (GoM) on tackling corruption, in its first report, had also given certain recommendations for speedy disposal of requests for sanction of prosecution of public servants, which included – taking decision on such cases within 3 months; monitoring of such cases at the level of Secretary of the Ministry/Department and submission of report to the Cabinet Secretary; and in cases of refusal to accord sanction, submission of a report to the next higher authority within 7 days for information (where competent authority is Minister, such report is to be submitted to the Prime Minister). The said recommendation of the GoM has been accepted by Government and instructions have been issued by the Government on 3rd May, 2012.

The Government issued yet another instruction on 20th July, 2012 wherein, while clarifying certain issues relating to the procedure being followed such as avoiding repeated correspondence with CBI/CVC for clarifications/re-consideration, etc., all Ministries/ Departments were again advised to strictly comply with the instructions contained in the OMs dated 6.11.2006 and 20.12.2006 as modified by OM dated 3.5.2012.

This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by Shri Shripad Yesso Naik and Shri Pralhad Joshi in the Lok Sabha today.

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