July,22,2016:
Notification issued by GOI on SC direction in Dr. Subramanian Swamy vs Dr. Manmohan Singh Case.
In a path breaking move, the Centre Govt. has now decided to allow private persons to seek Sanction for Prosecution of State as well as Central IAS officers under the Prevention of Corruption Act, 1988.
The procedure under the current Rules was that a request for sanction for prosecution of any All India Services Officers (IAS/IPS/IFS etc) could be initiated only by the investigative agencies.
However the decision to grant or decline the permission continue to rest with the Central Govt. designated “Competent Authority.”
Ministry of Personnel in a notification sent to all the States and Ministries/Departments has said that a decision has been arrived to entertain proposals/requests even from private persons for obtain sanction of public servants.
This is being done in compliance of a 2012 Supreme Court verdict. Time has been given to all stake holders to submit their comments by August 12.
The decision was pronounced by Supreme Court in its judgment in case titled Dr. Subramanian Swamy versus Dr. Manmohan Singh. Bench had asked Govt. to allow citizens to seek Sanction to Prosecute Public Servants.
Apex court was of the view that if the Competent Authority is satisfied on the basis of the material placed before it, then it is required in Law to grant sanction sanction.
It was ruled that the decision taken on the citizen's complaint shall be communicated to him. If not satisfied by such decision, the citizen can avail further legal remedy."
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SC Judgement on Allowing Citizens to Seek Sanction to Prosecute Govt. Servants
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