Sanction for prosecution within time limit: CVC

Last Updated: Thursday, March 29, 2012 - 15:29

New Delhi: Annoyed over inordinate delay in
graft cases, the Central Vigilance Commission has directed all
government departments to follow a four-month time limit to
decide grant of sanction for prosecution against a corrupt
public servant.

In a latest directive issued today, the anti-corruption
watchdog has cited Supreme Court judgements to expedite cases
pending permission to prosecute a corrupt government official
and told all ministries/departments to adhere to the CVC and
apex court`s guidelines in "letter and spirit".

"The grant of sanction is an administrative act and the
purpose is to protect the public servant from harassment by
frivolous or vexatious prosecution and not to shield the
corrupt," the Commission said.

It clarified that the question of giving opportunity to
the public servant at that stage does not arise and the
sanctioning authority has only to see whether the facts would
prima facie constitute the offence.

The CVC advised all concerned competent authorities that
while processing requests of sanction of prosecution, the
"time limits laid down by the Apex Court are adhered to in
letter and spirit".

Citing a verdict by the apex court, the probity watchdog
said 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 or any other law officer
in the AG`s office".

According to a latest data, the CVC is awaiting sanction
to prosecute 47 officials from various central government
departments/ministries in 29 cases of alleged corruption.

"The delay in giving sanction for prosecution act as a
hindrance in processing a case of corruption against accused
official. The Commission has been concerned over serious delay
in according the sanction by departments concerned. The latest
directive would help in expediting the graft cases," a CVC
official said.

PTI



First Published: Thursday, March 29, 2012 - 15:29

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