A proposal in this regard is under the consideration of a Group of Ministers on tackling corruption headed by Defence Minister A K Antony.
At present, there is no such requirement of a prior sanction for prosecuting a public servant working on deputation in PSUs under Section 197 of Criminal Procedure Code, which requires the central government's nod for sanction for prosecution.
Official sources said a recommendation on the basis of an expert committee report on disciplinary and vigilance inquiries has been sent to the GoM.
The Committee under the chairmanship of former Chairman of Union Public Service Commission P C Hota (Hota Committee) has recommended that Section 197 of CrPC be amended to extend the requirement of sanction for prosecution to the government servants on deputation to government-owned organisations also, they said.
"The recommendation was submitted to the government in 2010. After deliberations, the recommendation was sent to the GoM on anti-corruption measures which is still being looked into," an official in the Department of Personnel and Training said.
As far as the sanction under Section 197 of Code of Criminal Procedure 1973 is concerned, there is a distinction between a government servant serving directly under the government in a department or ministry and a government servant on deputation to government-controlled organisations, the Committee said in its report. (More)
