N.K.Singh: Corruption cases pending for sanction

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

DEPARTMENT OF PERSONNEL AND TRAINING

RAJYA SABHA
UNSTARRED QUESTION NO 85TO BE ANSWERED ON 05.12.2013
*Corruption cases pending for sanction
85. DR. JANARDHAN WAGHMARE
N.K. SINGH

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether there are cases pending sanction from different departments for prosecution of allegations of corruption by the Central Vigilance Commission (CVC) for more than four months, if so, the details thereof; and

(b) whether Government proposes any measures to expedite the procedure for obtaining sanctions and investigating claims of corruption, if so, the details thereof?

Answer
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(SHRI V. NARAYANASAMY)

(a): As per the existing provisions of law, it is the investigating agencies i.e CBI/Police who file charge sheets against government officials before the competent courts after seeking sanction for prosecution under Section 19 of the PC Act, 1988. The Commission tenders advice in cases referred to it by the administrative authorities. As per the mandate provided in Section 8(1)(f) of the CVC Act, 2003, the Commission is empowered to review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988. Accordingly, the Commission monitors cases of pending prosecution sanction over three months with the competent authorities of Ministries/Departments/organizations concerned.

As per information made available by the Commission, the number of cases (as reported by CBI) pending for sanctions over three month under PC Act, 1988 as on 31.10.2013 is 46, which include 19 cases in connection with the affairs of State Governments.

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 State Governments and other agencies, and sometimes non-availability of relevant documentary evidence.

(b): In order to check delays in grant of sanction for prosecution, the Department of Personnel & Training has issued guidelines vide its OM. No.399/33/2006-AVD-III dated 6th November, 2006 followed by another OM dated 20th December, 2006 and OM No.372/19/2012-AVD.III dated 03.05.2012. These guidelines lay down definite time frame

Contd..-2/-

for each stage of consultation between the different agencies so that the sanction for prosecution are decided within the time limit of 3 months as per the directions of the Supreme court in the case of Vineet Narain vs Union of India. The guidelines also prescribe monitoring of the sanction for prosecution requests at the level of Secretary of each Ministry/Department and submission of monthly reports by them to the Cabinet Secretary. 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. These OMs are available on the web-site of the DOPT, i.e. persmin.nic.in.