The Centre has initiated the process to streamline applications by private persons seeking sanction for prosecution against senior officers. The Department of Personnel and Training (DoPT) on Thursday issued circulars to all Union Ministries and Chief Secretaries of States asking them to seek public opinion and conduct public hearings by August 12 so that rules in this regard can be formulated.
The Centre’s move comes after the judgment in Subramanian Swamy Vs Manmohan Singh by Supreme Court in January 2012. Swamy approached SC after Manmohan Singh did not act on his petition for sanction to prosecute then Telecom Minister A Raja in the 2G scam
The apex court had slammed then Prime Minister and the system for delaying sanction for prosecution petitions and fixed specific periods to take decisions in the petitions. The maximum time limit prescribed was three months with a grace period of extra one month. Following the verdict, the DoPT is in receipt of requests from private persons seeking sanction for prosecution in respect of IAS officers without any proper proposal and supporting documents.
It is observed that such requests from citizens are more in the nature of complaints sans any supporting details, evidence, which can at best merit enquiry of substantial facts as are evidenced, the DoPT said and outlined the procedure to be followed.
“A proposal from a private individual seeking sanction for prosecution of an IAS officer serving in the State Government may be routed through the concerned State Government as such State Government is best placed to provide basic inputs as regards the alleged misconduct of the concerned public servant who is or was working under its administrative control.
“In case a proposal is received directly by DoPT by such private individuals will be forwarded to the State Governments for the preliminary examination by such State Government vis-a-vis the relevant records,” it said. If there is a prima facie case against an IAS officer, the State Government should prepare a detailed report and consider obtaining version of the concerned officer.
Such report, along with all relevant records and evidence, should be forwarded to DoPT (which is the cadre controlling authority for such officers) with the approval of the competent authority there, the proposed guidelines said.