Prevention of corruption act

vikas bhat (Querist) 18 May 2014 This query is : Resolved
it is a pre-requisite for CBI to seek sanction (from the parent department of the accused)for prosecution and filing a charge sheet in the court.

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Guest (Expert) 18 May 2014
Is this information or a query?

Sankaranarayanan (Expert) 18 May 2014
Need more clarity on your query

Rajendra K Goyal (Expert) 18 May 2014
Academic query.

V R SHROFF (Expert) 18 May 2014
ACADEMIC imaginary QUERY.

Rajeev Kumar (Expert) 18 May 2014
Academic and hypothetic query.

vikas bhat (Querist) 19 May 2014
sorry sirs!! there was some mistake in typing.....

Query:
is it mandatory for CBI to seek permission from the parent department of the accused before filing a chargesheet in the court...
what if the sanction is not accorded to the prosecution ??

vikas bhat (Querist) 19 May 2014
Respected experts
I was implicated in a false case of bribery some 2 yrs back. My department knowing well about my innocence, denied Sanction for prosecution.
CBI approached CVC and it was decided to sort out the difference of opinion in CVC.
Very Senior officer of my department attended the meeting with CBI in CVC and CVC was convinced about my innocence.
CVC directed CBI not to proceed further in the case.
I m still out on the bail and do not know how to proceed further....
what will be the next step of CBI.
it has been more than 4 months that CVC directed CBI not to proceed further in this case...

the cause of my worry is that I have come to know that very recently SC of India has issued fresh directives to CBI and now CBI is not required to seek sanction for prosecution from the parent deptt of the accused....
is it so ???
and if yes does this apply to my case also in which FIR was lodged 2 years back and the accused is out on bail.

Kindly suggest what shall I do and is there anything to worry about...???

Sudhir Kumar, Advocate (Expert) 19 May 2014
what your lawyer says

vikas bhat (Querist) 19 May 2014
Respected sir !
my lawyer says that the fresh directives of the honble SC of India does not apply to my case as the FIR was lodged 2 yrs back. He says that it will be applicable for the fresh cases which are filed after the directives were issued.

vikas bhat (Querist) 19 May 2014
It is also worthy to note that DE initiated against me has been completed and I was completely exonerated in it and the the report was accepted by my Disciplinary Authority and my HQrs.

Kiran Kumar (Expert) 19 May 2014
In Parkash Singh Badal's judgment, the SC said, there is no need of seeking sanction for prosecution in case of corruption cases.

T. Kalaiselvan, Advocate (Expert) 19 May 2014
The directives issued to the CBI by Supreme court do not have a mention about the about the effect i.e., if it is applicable retrospectively or only for the case hereafter, so better to clarify this issue.

vikas bhat (Querist) 21 May 2014
@ Kiran kumar sir: But the prevention of corruption Act-1988 suggests that no court shall take cognizance of an offence under PCA without prior sanction from the competent authority of the deptt of the accused.
in my case the sanction was sought which was denied by my deptt and later by cvc.

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