Monday, March 30, 2015

Honourable Supreme Court Guidelines regarding sanction for prosecution.

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                   Kindly refer to Hon'ble Supreme Court Judgement regarding Criminal Appeal no.1838 of 2013 in the matter of Central Bureau of Investigation Vs. Ashok Kumar Aggarwal. Hon'ble Supreme Court has observed that there is an obligation on the sanctioning authority to discharge its duty to give or withhold sanction only after having full knowledge of the material facts of the case. Grant of sanction is not a mere formality. Hon'ble Supreme Court vide said order has explicitly laid down guidelines for grant of sanction for prosecution which need to be complied upon. Your particular attention is drawn to para 8 of the Hon'ble Supreme Court aforesaid judgement. (Copy enclosed)

                         2. In this regard attention is also invited to the guidelines issued by this Deptt vide letter No.142/4/2012 dated 28th July,2014 wherein it has been conveyed that complete proposals as per the checklist would only be accepted for further detailed scrutiny and examination to consider sanction for prosecution under the Prevention of Corruption Act,1988. All administrative authorities are requested to adhere to the aforesaid guidelines while deciding grant of sanction for prosecution.