Lok Sabha Question No. 1804 (UNSTARRED), answered on 2015-12-09
Subject: Time Frame for Approval of Prosecution
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: RAM TAHAL CHOUDHARY, RAMA DEVI

## GOVERNMENT OF INDIA

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 1804

(TO BE ANSWERED ON 09.12.2015)

## TIME FRAME FOR APPROVAL OF PROSECUTION

## †1804. SHRI RAM TAHAL CHOUDHARY: SHRIMATI RAMA DEVI:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Supreme Court has given a directive that undue delay in giving approval for prosecution for more than the stipulated time frame of three months is deemed to be automatically approved for prosecution;
- (b) if so, the action taken by the Government on the said directives;
- (c) the reasons for creating a provision by the Government for approval of additional time after three months even after the directives of the Supreme Court; and
- (d) the steps taken by the Government in this regard?

## ANSWER

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):  The Hon'ble Supreme  Court  of India, vide its judgment  dated 18 th December,  1997 in the  case of  VineetNarain  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.
- (b) to (d):The Government has not made any provision in the Prevention of Corruption Act, 1988 for allowing additional time over and above the time limit prescribed by the Hon'ble Supreme Court of India. On the other hand, steps have been taken to adhere to the time limit prescribed by the Hon'ble Court.  Department of Personnel & Training has  issued  guidelines  vide  its  OM  No.399/33/2006-AVD-III  dated  6th  November,  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  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). On the basis  of  the  said  recommendation  of  the  GoM, Department  of Personnel  &Training  issued instructions  on  3 rd May,  2012.  All  Ministries/  Departments  were  again  advised  to  strictly comply with the instructions contained in the OMs dated 6.11.2006 as modified by OM dated 03.05.2012.

Government  has  also  issued  instruction  to  the  investigating  agencies  to  submit  all relevant records, alongwith the proposal for sanction for prosecution, through single window system vide its letter dated 28th July, 2014.

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