Sanction of prosecution..
Dr G V Rao
(Querist) 21 January 2014
This query is : Resolved
Sirs, is sanction of prosecution from the State Government required for Central government employees who are under corruption charges. For eg...a Director of a Central Govt Institution working in State of AP has been found to be indulging in corrupt practices...Case was filed with CBI...CBI is claiming want of sanction of prosecution from State Govt of AP to begin prosecution....My question is what Jurisdiction has the State of AP in matters of corruption of Central Govt Employee...
Advocate. Arunagiri
(Expert) 21 January 2014
Under what circumstances the central Govt employee, deputed or transferred to the State Govt services. What is the transfer order says?
Dr G V Rao
(Querist) 21 January 2014
No sir, the Central Govt Employee is not on rolls of State at all....he is independently working and reporting to his parent body which is Govt of India...no deputation or transfer....but CBI says that sanction is required....dats my question
Advocate. Arunagiri
(Expert) 21 January 2014
CBI need not get the sanction of the State Govt. CBI need to get the Central Govt sanction, the case is against the Central Govt Employee.
If there is any corruption involving both the central Govt employee and state Govt employee, the CBI ought to get sanction from both the Govt.
I want to know the nature of offense, for which the CBI had registered a case. After knowing this detail I may be in a position to give my opinion.
R.K Nanda
(Expert) 21 January 2014
STATE FULL FACTS OF CASE.
V R SHROFF
(Expert) 21 January 2014
need facts of case in detail..
Guest
(Expert) 21 January 2014
For and on behalf of the concerned Government (Central or State) to which the Government servant belongs, sanction of prosecution is required only from the appointing authority of the employee, not someone else. Sanction of State Government in the case of a Central Government employee has no relevance. Even if he is on deputation to State Government, approval of the cadre controlling/appointing authority of the parent department is a must.
Rajendra K Goyal
(Expert) 21 January 2014
Well advised by the expert Advocate. Arunagiri ji, agree to it.
Sudhir Kumar, Advocate
(Expert) 21 January 2014
sanction of prosecution can be rendered by the authority compet3ent to dismiss and employee from service.
Dr G V Rao
(Querist) 21 January 2014
Sirs, let me brief your goodselves of the subject. A RTI Activist in Hyderabad collected information abt inappropriate actions of a Central Govt Institution by few employees leading to a loss of Rs 100 crore of exchequer. He filed the case in special CBI court with all documents and the Court forwarded the complaint to CBI For investigation. Now CBI says that it cannot investigate unless the State Govt gives it a sanction. That is unfair, i feel. Now matter lies with Supreme Court after High Court dismissed the matter in favor of the Complainant.
Advocate. Arunagiri
(Expert) 21 January 2014
CBI court is not having power to give direction to the CBI to investigate the private complaint.
I will also wait for the dictum of the Supreme court on this subject.
Sudhir Kumar, Advocate
(Expert) 22 January 2014
so you are confusing sanction of prosecution with reference to CBI.
Please do not seek guidance here as you might by now be having papers worth 7-8 Kg and matter is already with Supreme Court.
None can advise correctly without seeing papers.
