Sanction of Prosecution of Public Servants - Time Limit
THE Central Vigilance Commission has been emphasising the need for prompt and expeditious disposal of requests of sanction for prosecution received from CBI/other investigating agencies under the Prevention of Corruption Act, 1988. The Supreme Court had in the case of Vineet Narain & Ors. Vs. Union of India () in its judgment dated 18.12.1997, issued directions to the effect 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 other Law Officer in the AG's office".
The Central Vigilance Commission has been empowered to review the progress of applications pending with the Competent Authorities for sanction of prosecution under the PC Act, 1988.
Taking into account delays involved and the lack of appreciation on the part of Competent Authorities as to what is to be done while processing such requests, the Commission had prescribed detailed guidelines based on various decisions of the Supreme Court including the Vineet Narain case, to be followed strictly by the Competent Authorities while processing requests for sanction for prosecution vide its office order No. 31/5/05 dated 12.05.2005.
In the recent judgment of the Supreme Court dated 31.01.2012, in the matter of Dr. Subramanian Swamy Vs. Dr. Manmohan Singh & another () while reiterating the time limits prescribed for grant or otherwise of sanction for prosecution, the Apex Court, also observed that the guidelines laid down by the Central Vigilance Commission in its office order dated 12.05.2005 are in conformity with the law laid down by the Apex Court.
CVC says, “The grant of sanction is an administrative act and the purpose is to protect the public servant from harassment by frivolous or vexatious prosecution and not to shield the corrupt. The question of giving opportunity to the public servant at that stage does not arise and the sanctioning authority has only to see whether the facts would prima facie constitute the offence.
In view of the above, the CVC reiterates its guidelines dated 12.05.2005 and also advises all concerned Competent Authorities that while processing requests of sanction for prosecution under Section 19 of PC Act, 1988, the time limits laid down by the Apex Court are adhered to in letter and spirit.
Who listens to the CVC? While the CVC is serious about following the time frame of three/four months for sanctioning prosecution, the CVC itself publishes a monthly report about sanction for prosecution pending for more than four months. And as per the report for February 2012, there are 29 cases involving 47 officers where sanction for prosecution is pending for more than four months. The oldest case is pending for more than three years in respect of a Commissioner of Income Tax. Out of the 47 officers, 26 are from the Revenue Department - CBDT and CBEC.