Relevant Records for Sanction for Prosecution in Corruption Cases

Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions
(23-April, 2015 17:12 IST ) 

Relevant Records for Sanction for Prosecution in Corruption Cases 

Department of Personnel & Training has circulated Hon’ble Supreme Court’s guidelines in judgement of Criminal Appeal No.1838 of 2013 to all Chief Secretaries of State Governments & all ministries/departments of government of India vide Department’s letter No. 142/15/2015-AVD.I dated 26.03.2015. It has been mentioned in guidelines that the prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statements, statements of witnesses, recovery memos, draft charge sheet and all other relevant material. It has been further mentioned in guidelines that prosecution has to establish and satisfy the court by leading evidence that the entire relevant facts had been placed before the sanctioning authority and the authority had applied its mind on the same and that the sanction had been granted in accordance with law.

It has been frequently observed that investigating agencies do not send complete proposals of sanction for prosecution and processing of cases are delayed due to unavailability of requisite documents. In order to curb the delay, DoP&T has switched over to Single Window system w.e.f 01.08.2014 for receiving prosecution sanction proposals in the Department as per the revised check-list. During last one year at least 12 incomplete proposals have been received in the Department of Personnel and Training in respect of IAS officers.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri T.Rathinavel in the Rajya Sabha today.