 "Apply mind while deciding sanction for corruption cases: CVC")
The Central Vigilance Commission (CVC) has asked government departments to "apply mind" while deciding on cases of sanction for prosecution against employees for alleged corruption.
The power to grant sanction for prosecuting government employees for alleged corruption should be exercised strictly keeping in mind public interest and the protection available to the accused against whom the sanction is sought, it said.
"The order of sanction should make it evident that the authority had been aware of all relevant facts or materials and had applied its mind to all the relevant material," the CVC order quoted a Supreme Court judgement in this regard.
"The Commission has been emphasising the need for quick and expeditious decisions on requests of sanction for prosecution received from CBI and other investigating agencies under Prevention of Corruption Act, 1988 and also to adhere to the time limit of three months for grant of sanction for prosecution," it said.
Despite instructions and close monitoring of such pending cases, the Commission has been concerned with the serious delays persisting in processing requests for sanction for prosecution by competent authorities, the order said.
The CVC said since non-compliance of guidelines of the Supreme Court vitiates the sanction for prosecution, therefore, competent sanctioning authorities should discharge their obligations with complete strictness and would be held responsible for any deviation or non-adherence and issues questioning the validity of sanction arising at a later stage in matters of sanction for prosecution.
The power to grant sanction for prosecuting government employees for alleged corruption should be exercised strictly keeping in mind public interest and the protection available to the accused against whom the sanction is sought, it said.
"The order of sanction should make it evident that the authority had been aware of all relevant facts or materials and had applied its mind to all the relevant material," the CVC order quoted a Supreme Court judgement in this regard.
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The move comes in the backdrop of delays in deciding sanction for prosecution against government servants for alleged corruption.
"The Commission has been emphasising the need for quick and expeditious decisions on requests of sanction for prosecution received from CBI and other investigating agencies under Prevention of Corruption Act, 1988 and also to adhere to the time limit of three months for grant of sanction for prosecution," it said.
Despite instructions and close monitoring of such pending cases, the Commission has been concerned with the serious delays persisting in processing requests for sanction for prosecution by competent authorities, the order said.
The CVC said since non-compliance of guidelines of the Supreme Court vitiates the sanction for prosecution, therefore, competent sanctioning authorities should discharge their obligations with complete strictness and would be held responsible for any deviation or non-adherence and issues questioning the validity of sanction arising at a later stage in matters of sanction for prosecution.