Prosecution sanction
nirmalsingh
(Querist) 01 March 2015
This query is : Resolved
after completion of investigation u/s 409,166,418,201 IPC, the case file was sent for prosecution sanction to the competent authority in July 2014, but no reply has so far been received..what is the time limit for taking decision in this matter...???kindly reply..
Guest
(Expert) 01 March 2015
How you are concerned with the case?
R.K Nanda
(Expert) 01 March 2015
no time limit.
Rajendra K Goyal
(Expert) 01 March 2015
Author reply the question from expert PS Dhingra ji.
nirmalsingh
(Querist) 02 March 2015
myself is I.O OF THIS CASE
P. Venu
(Expert) 02 March 2015
Please furnish the complete information.
Guest
(Expert) 02 March 2015
Mr. Nirmal,
For prosecution sanction, as per DOP&T OM. No. No.372/19/2012-AVD-III, dated 3rd May, 2012, it is mandatory for the competent authority to take a decision within a period of 3 months from receipt of request, and pass a Speaking Order, giving reasons for his decision.
nirmalsingh
(Querist) 03 March 2015
I have sought your precious advice earlier also in this matter.case was registered against a clerk who was posted as a P.A to IGP rank police officer, due to influence of IGP the cancellation report was submitted in the court but the court ordered re-investigation/further investigation, during re-investigation complainant approached Punjab and Haryana High court, on the direction of High court investigation was transferred to ADGP rank officer who formed SIT and I was odered to collect evidence and record statement, after completion of investigation accused was arrested and released on bail granted by court,challan was prepared and after getting it checked from legal branch case file along with record was sent to the competent authority in July 2014 for Prosecution sanction, till date no decision has so far been taken and the matter is under process..
Guest
(Expert) 03 March 2015
You may remind the concerned authority. Sitting in wait may not help you. The matter would have gone out of mind after expiry of 8 months.
P. Venu
(Expert) 03 March 2015
It appears that the official is not a Class I or Group A Official (who is not removable from his office save by or with the sanction of the Government). As such, sanction, as provided under 197 CrPC, may not be necessary. Please examine.
Guest
(Expert) 03 March 2015
Mr. Venu,
Are you sure that no prosecution sanction is required for employees of grade below Group-A/ Class-I?
If so, would you please like to point out the relevant sub-section of 197 or any ruling of the Government to enhance my knowledge also?
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
As far as you are concerned, you have done your duty and passed on the baby to other authority, maintain the record of sending the file to the higher authority seeking sanction for prosecution so that you are not held responsible at a later stage for lapse or lethargy or dereliction of duty. The matter involves higher level influence by the accused hence you may not get a sanction so easily however keep a watch to save your skin lest your service records will be at stake.
nirmalsingh
(Querist) 04 March 2015
if they deny granting prosecution sanction against the accused clerk a class- 3 employee, should I approach High Court at the late stage...
Guest
(Expert) 04 March 2015
I understand ruling on the issue has already been issued that if the authorities don't respond to the request positively or negatively for issue of sanction the permission should be deemed to have been granted.
So, you may have to consult your own crime/vigilance department to find out the copy of such ruling.
Guest
(Expert) 05 March 2015
You are welcome.
P. Venu
(Expert) 05 March 2015
In terms of Section 197(1) sanction is required only in respect of "....public servant not removable from his office by or with the sanction of the Government...." i.e. Officers of Class I or Group "A'.
However, sub-ection (2) and (3) provides that previous sanction is required or could be made mandatory in respect of Armed Forces or Forces charged with maintenance of public order.
On face of the extant provisions, no previous sanction is required for sanction in the instant case.
Guest
(Expert) 05 March 2015
Dear Venu,
Do you think the employees below the rank of Group A are removable from their offices?
P. Venu
(Expert) 05 March 2015
It is only for the Group A Officers that the Government (President of India/Governor of the State - power vested with the Minister in Charge) is the Disciplinary Authority.
In respect other Officials the Disciplinary powers are vested with the subordinate authorities and their removal from office does not require the approval of the Government.
Please refer to CCS(CCA)Rules, 1965 and similar statutes.
nirmalsingh
(Querist) 08 March 2015
Thanks for nice advice
Guest
(Expert) 08 March 2015
You are welcome, Mr. Nirmal.
Guest
(Expert) 08 March 2015
Mr. Venu,
Hope, you would like to quote the specific rule of the CCS (CCA) Rules, 1965, which may prescribe that prosecution saction is not necessary in the criminal cases against Government employees, other than Group-A Offciers. This would help me to enhance my knowledge.
So far as I understand, CCS (CCA) Rules do not deal with criminal cases, but only to the departmental inquiries. Moreover, except IAS/IFS/IPS cadres services, most of the Group-A and above officers of Government of India, whose appointing authority is the President of India, are being governed by the provisions of the CCS (CCA) Rules, 1965.
Moreover, the CCS (CCA) Rules, 1965, apply on Central Government employees, while the query is silent about whether the employee belonged to Central Government or the State Government. However, so far as my knowledge goes, the P.A to IGP is a State Government employee, not governed by the CCS (CCA) Rules.
nirmalsingh
(Querist) 31 May 2015
Respected Sir, now there is a new twist in this case, the accused is now posted with senior police officer at Police head quarter Chandigarh, where the case of prosecution sanction is pending after preparation of challan since July 2014, now the Police headquarter intimated us that a new SIT was formed under the supervision of a S.P rank officer for re-investigation of this case , earlier it was entrusted to A.D.G.P rank officer, and Crime wing Punjab was monitoring the investigation...now the question is what should be the next course of action, can a writ be file in the court if yes then who can file ,what remedy should be sought ,..can a witness also file a writ for stay or PIL so that High court can direct to present the challan u/s 173 Cr.PC in the court PL. REPLY IN DETAIL..with some authority etc.
nirmalsingh
(Querist) 09 July 2016
In this case the entire Judicial record was submitted for prosecution sanction on 1st July 2014,but the case file along with challan papers(judicial record) was never put before the competent authority and it was kept pending with crime wing for a long time.on dated 06/01/2015 the accused while using his powerful influence submitted an application to the ADGP/crime and sought fresh investigation AT THE STAGE OF PROSECUTION SANCTION. on dated 14/5/2105 an SIT was constituted under an SP level office who is junior to ADGP who conducted investigation and submitted it for prosecution sanction to investigate the case afresh, kate SIT was withdrawn and another SIT was constituted for fresh investigation on 27/5/2015.when no investigation was carried out by the new SIT then on dated 21/09/2015 the investigation was entrusted to another SP level officer. who sought my para-wise reply to the application of accused. I submitted the reply with a request that you have to seek prior permission from the high court. I attached number of Landmark judgement of High court and Supreme court and even supreme court of Pakistan that you can not conduct re- investigation rather further investigation. I also submitted that the time limit for prosecution sanction lapsed after a period of Three months and direct me to submit challan in the court, but on 1/4/2015 they ordered the concerned SSP to submit cancellation report on the basis of inquiry report base on 4/5 witnesses of this case who endorsed their earlier statement recorded by me u/s 161 Cr.pc not Re-investigation report now the cancellation report is in the court the court has not yet taken the cognizance may be not put it before the court by the Naib Court. what is my locus- standi to file writ in the High court besides the complainant, they may harass me because the accused is a influenced person and a Blue eyed boy o the senior police officer.please suggest.
