Question : SANCTION FOR PROSECUTION

(a) whether the Government and the Hon`ble Supreme Court have issued any guidelines in order to check the delays in grant of sanction for prosecution;

(b) if so, the details thereof;

(c) whether cases of violation of the guidelines have come to the notice of the Government;

(d) if so, the details thereof along with number of such cases reported and the action taken in this regard during each of the last three years and the current year; and

(e) the measures taken for strict compliance of the guidelines and time- frame fixed for according sanction for prosecution?

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a)&(b): Yes, Madam. The Department of Personnel & Training (DoP&T) vide its Office Memorandum No.399/33/2006-AVD.III dated 06.11.2006 has issued guidelines for checking delay in grant of sanction for prosecution. Further, DoP&T vide O.M. No. 372/19/ 2012-AVD.III dated 03.05.2012 has circulated guidelines, wherein, the Competent Authority has been instructed to mandatorily take a decision within a period of three months from receipt of request and pass a speaking order.

(c) to (e): Yes. As per information provided by the CBI, sanction for prosecution is pending in 54 cases against 137 public servants in various Ministries/Departments and State Governments for over three months as on 30.06.2014. The details of Ministry-wise cases/ requests pending for prosecution sanction are given in Annexure-A.

As per DoP&T’s OM dated 06.11.2006 referred to above, delayed cases are monitored by DOP&T.

Under the O.M. dated 06.11.2006 and dated 03.05.2012 referred to above, the Ministries/Departments have to ensure:
# strict compliance with the procedure and time-lines laid-down for sanctioning prosecution of public servants; and
# submission of a certificate every month by the Secretary of each Ministry/ Department to the Cabinet Secretary to the effect that no case is pending for more than 3 months and wherever a case is pending for more than 3 months, the reasons for such pendency and the level where it is pending.