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) to (c): The information of prosecution sanction issued in respect of each ministry is not
maintained centrally in this Department. The Department of Personnel and Training is the Cadre
controlling authority in respect of officers of Indian Administrative Service (IAS), Group `A`
officers of Central Secretariat Service (CSS) & Central Secretariat Stenographers Services (CSSS)
& Group `A` officers of Central Bureau of Investigation (CBI) and deals with the cases of
prosecution sanction under Prevention of Corruption Act, 1988. The number of prosecution sanction
granted against IAS, CSS/CSSS & CBI officers during last three years is as under :
Year No. of prosecution sanction granted
2010 21
2011 18
2012 12
Details of sanctions are enclosed at Annexure.
In most of the cases grant of prosecution sanction took more than three months.
The delay which occurs in the sanctioning of prosecution 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.
(d): 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, providing for a definite time frame at each
stage for handling of requests from CBI for prosecution of public servants.
The Group of Ministers on tackling corruption, in its first report, had also given certain
recommendations for speedy disposal of sanction of prosecution cases, 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 03.05.2012.
