Delay in sanction for prosecution:CVC to update website list

The CVC would soon put up the names of officials against whom there has been a delay of over three months in sanction for prosecution on its website that has not updated the list since January 2007.

"A proposal in this regard (putting up names of people against whom there has been a delay in sanction of prosecution) has already been sent to the government," Central Vigilance Commission (CVC) Commissioner Pratyush Sinha said.

The CVC, who was asked about the reason for the failure of the Commission to notify the names on its website, was speaking after the valedictory function of the 17th Biennial Conference of State Anti-corruption Bureaux and CBI at Vigyan Bhawan on Thursday.

A CBI spokesperson said in order to check the delay in grant of sanction for prosecution, the Department of Personnel had also issued detailed guidelines on 6th November 2006prescribing time limit at each stage and also fixing responsibilities for "deliberate" delays.

"The Secretary of the Ministry or Department concerned will be required to furnish report to the CVC in all cases of delay beyond the stipulated time of three months," the official said.


The parliamentary committee on Personnel, Public Grievances, Law and Justice in its twenty fourth report (March 2008) on 'Working of Central Bureau of Investigation' has stated that "once the investigating agency comes to the conclusion that prosecution is necessary and Director of Prosecution also concurs, there should not be any delay for any reason other than the merits of prosecution itself," the CBI official said.

The committee said that necessary sanction for prosecution should be made within a period of 15 days.

"The Committee is of the considered opinion that if the sanction is not granted within a period of 15 days, it should be 'deemed sanction' and the CBI should file the chargesheet in the court and proceed further according to the law of the land," the official said. 

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