As per the information provided by the Central Bureau of Investigation (CBI), it has registered 97 cases [71 Regular Cases (RCs) and 26 Preliminary Enquiries (PEs)] involving 129 officers of the rank of Joint Secretary and above during the last 3 years i.e. 2009, 2010, 2011 & 2012 (upto 31.7.2012). 15 officers are involved in more than one case.
As on 31.07.2012, out of the aforesaid 71 RCs, Chargesheets have been filed in 30 cases against 31 officers of the rank of Joint Secretary and above.
As on 31.7.2012 sanctions for prosecution are pending in 14 CBI cases with respective Central Ministries/Departments against 14 officers of the rank of Joint Secretary & above. 02 officers are common in 02 cases each.
Further, permission under section 6A of the Delhi Special Police Establishment Act, 1946, for conducting enquiry/investigation, are pending in respect of 23 officers of the rank of Joint Secretary and above.
The Supreme Court of India, vide its judgment dated 18th December, 1997 in the case of Vineet Narain 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”.
It is sometime not possible to adhere to this time-limit. 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.
However, 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 03.05.2012.
As regards permission under section 6A of the Delhi Special Police Establishment Act, 1946, the Group of Ministers on tackling corruption in its First Report has recommended that the competent authority shall decide the matter within three months with speaking orders and in the event a decision is taken to refuse permission the reasons thereof shall be submitted to the next higher authority within one week for information (where competent authority is Minister, such report is to be submitted to the Prime Minister). This recommendation was accepted by the Government and instructions issued on 26.09.2011.
This was stated by Shri V. Narayanasamy, Minister of State of Personnel, Public Grievances and Pension and Prime Minister Office in written reply to a question by Sh. Shadi Lal Batra in the Rajya Sabha on 23rd Aug 2012.