10/05/2012 - Myclipp

The Economic Times/ - Politics/Nation, Sáb, 12 de Maio de 2012
CLIPPING INTERNACIONAL (Supreme Court)
Centre directs ministries to settle
prosecution requests against public
servant in 3 months
NEW DELHI: The Centre has directed all ministries to
dispose requests for prosecution against a public
servant within three months of its receipt from the
investigating agency. Guidelines make it mandatory for
every ministry to give written reasons for refusing
permission for prosecution against a bureaucrat within
seven days.
The Ministry of Personnel, Public Grievances and
Pensions has circulated these guidelines to all
ministries and departments, making it mandatory to
pass a speaking order on prosecution request within
three months of receipt of such a request.
The guidelines lay down that the department would
have to furnish reasons for giving or refusing
permission. In case permission for prosecution is
refused, the department would have to submit its
refusal order with reasons to the next higher authority
in a week.
The guidelines do not give any room for ministers to
use discretionary powers. They specifically lay down
that in case the minister-in-charge of the department
denies permission, he would have to submit "within 7
days of passing such an order denying the permission,
to the prime minister for information."
The guidelines, circulated to all ministries on May 3,
come after a group of ministers on corruption gave
detailed recommendations for tackling the perception
of widespread corruption in government.
The move also comes after the Supreme Court
reiterated in January that requests for prosecution
against public servants should not be pending with
ministries.
In its judgment in the 2G case, Justice AK Ganguly
had even said that Parliament should consider
introducing a time limit in Section 19 of Prevention of
Corruption Act, 1988, and in case sanction for
prosecution is not accorded within the time limit
sanction "should be deemed to have been granted to
the proposal for prosecution".
Working on the essence of Justice Ganguly's
observation, the government's guidelines have made
the secretary of the department responsible for
monitoring all cases sent by investigating agencies.
It would also be mandatory to send a certificate to the
Cabinet Secretary that no request for permission to
prosecute has been pending for more than three
months.
The guidelines say, "secretaries may also submit a
certificate every month to the Cabinet Secretary to the
effect that no case is pending for more than three
months, the reasons for such pendency and the level
where it is pending may also be explained."
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