STATEMENT REFERRED TO IN REPLY TO THE RAJYA SABHA STARRED QUESTION No.
261 BY SHRI JAI PRAKASH NARAYAN SINGH FOR 30.8.2012 REGARDING “TIME
LIMIT FOR ACTION AGAINST CORRUPT OFFICIALS”
(a) & (b): The
Supreme Court of India, vide its judgment dated 18th December, 1997 in
the case of Vineet Narain Vs. Union of India, directed that “time limit
of three months for grant of sanction for prosecution must be strictly
adhered to. However, additional time of one month may be allowed where
consultation is required with the Attorney General (AG) or any Law
Officer in the AG’s office”.
The delay which occurs in the
sanctioning of prosecution is mostly on account of detailed scrutiny and
analysis of voluminous case records and evidence, consultation with
Central Vigilance Commission (CVC), State Governments and other
agencies, and sometimes non-availability of relevant documentary
evidence.
However, in order to check delays in grant of sanction
for prosecution, the Department of Personnel & Training has already
issued guidelines vide its OM No.399/33/2006-AVD-III dated 6th November,
2006 followed by another OM dated 20th December, 2006, providing for a
definite time frame at each stage for handling of requests from CBI for
prosecution of public servants.
The Group of Ministers (GoM) on
tackling corruption, in its first report, had also given certain
recommendations for speedy disposal of requests for sanction of
prosecution of public servants, which included – taking decision on such
cases within 3 months; monitoring of such cases at the level of
Secretary of the Ministry/Department and submission of report to the
Cabinet Secretary; and in cases of refusal to accord sanction,
submission of a report to the next higher authority within 7 days for
information (where competent authority is Minister, such report is to be
submitted to the Prime Minister). The said recommendation of the GoM
has been accepted by Government and instructions have been issued by the
Government on 3rd May, 2012.
The GoM has also recommended that
(a) requests for prior approval under section 6A of the Delhi Special
Police Establishment Act, 1946 shall be decided by the competent
authority within three months of receipt of request; (b) the competent
authority will give a Speaking Order, giving reasons for its decisions;
and (c) in the event a decision is taken to refuse permission, the
reasons thereof shall also be put up to the next higher authority (Prime
Minister) for information within one week of taking the decision. The
recommendation of the GOM has been accepted and orders have been issued
by DoP&T on 26th September, 2011.
(c) & (d): A Group of
Officers (GoO) was constituted to take a view on complaints against
Chief Executives and Functional Directors of Public Sector Enterprises
(PSEs) and Chairman and Managing Directors (CMDs) and Functional
Directors of Public Sector banks and Financial Institutions vide
Department of Public Enterprises O.M. No. 15(1)/2010-DPE(GM) dated
11.3.2010 and 11.05.2011 under the chairmanship of Secretary
(Coordination and Public Grievance), Cabinet Secretariat, which has
received complaints against CMDs of several PSU. The list containing
the names of CMDs of PSUs against whom complaints have been received is
at Annexure.
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ANNEXURE
|
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LIST OF CMDs OF PSUs AGAINST WHOM COMPLAINTS HAVE BEEN RECEIVED
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Sl.No.
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Complaint against
|
|
1
|
Sh. R.S.P. Sinha, CMD, MTNL
|
|
2
|
Shri R.S. Sharma, former Chairman, NTPC and
former CMD, ONGC |
|
3
|
Sh. K Ramachandran Pillai, CMD, NTC
|
|
4
|
Sh. Arup Roy Choudhury, former CMD, NBCC and
presently CMD, NTPC |
|
5
|
Sh. A.R. Ansari, CMD, NLC
|
|
6
|
Sh. S. Biswas, Chairman, DVC
|
|
7
|
Sh. Kuldeep Goyal, CMD, BSNL
|
|
8
|
Sh. Arbind Kumar, CMD, NPCC
|
|
9
|
Sh. S.K. Roongta, Chairman, SAIL
|
|
10
|
Sh. Dinesh Chandra Garg, CMD, Western Coalfields
Ltd |
|
11
|
Sh. V.R.S. Natarajan, CMD, BEML
|
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12
|
Dr. A.K. Lomas, CMD, MECL
|
|
13
|
CMD & FD’s incl. Dir (HR), MTNL
Board & other Officers in HR Deptt of MTNL |
|
14
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Shri S.K. Garg, CMD, NHPC
|
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15
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Dr. Jayashree Gupta, CMD (IDPL)
|
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16
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Capt. S.S. Tripathi, CMD, DCIL
|
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17
|
Brig. S.P. Mehla, CMD, SFCI
|
|
18
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Sh. Kallol Datta, CMD, Andrew Yule &
Co. |
|
19
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Sh. R.S.T. Sai, CMD, THDC
|
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20
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Sh. S.K. Chaturvedi, CMD (PGCIL)
|
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21
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Smt. Anju Banerjee, CMD, EdCiL
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22
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Sh. N.M. Borah, CMD, OIL and another
|
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23
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Sh. H.A. Daruwala, Former CMD, CBI
|
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24
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Sh. Praful Tayal, CMD, CIWTC
|
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25
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Shri I.P. Barooah, D (Pers), i/c CMD,
NEEPCO |
|
26
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Sh. S. Hazra, Chairman, Shipping Corp
of India |
|
27
|
Sh. H.K. Sharma, CMD, SJVNL
|
|
28
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Sh. Satnam Singh, CMD, PFCL
|
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29
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Shri G.S. Mangat, ex-CMD, NFL
|
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30
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Shri S. Sreedhar, CMD, Central Bank of
India |
|
31
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Shri A.K. Srivastava, CMD, NALCO
|
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32
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CMD & Director (Offshore) of ONGC
|
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33
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Sh. R.P. Tak, CMD, CCI
|
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34
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Sh. D. Dutta, Ex-CMD, WAPCOS
|
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35
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CMD (CCI)
|
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36
|
Sh. K.L. Dhingra, CMD (ITI)
|
|
37
|
Shri O.P. Bhatt, Chairman (SBI)
|
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38
|
Sh. Shakeel Ahmed, CMD (HCL) and others
|
|
39
|
Sh. A.K. Jain, CMD (Bharat Pumps and
Compressors) |
|
40
|
(i) Dr. K.C. Chakraborty, Ex-CMD (PNB) & Dy.
Governor (RBI) (ii) Sh. K.R. Kamath, CMD (PNB) (iii) S.S. Kohli, Ex-CMD (PNB) (iv) S.C. Gupta, Ex-CMD (PNB) and others |
|
41
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Mr. M.V. Nair, CMD (UBI)
|
|
42
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Shri Arvind Jadhav, CMD (Air India)
|
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43
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Shri M.V. Tankasle, CMD (Central Bank of
India) |
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44
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Sh. V.P. Agrawal, CMD (AAI)
|
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45
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Shri C.R. Pradhan, Ex-CMD, NALCO
|
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46
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Shri M.S. Rana, CMD (SPMCIL)
|
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47
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Shri Nirmal Sinha, CMD (HHEC)
|
|
48
|
Shri A.B. Pandya, CMD (NPCC)
|
|
49
|
Shri R.P. Singh, Ex-CMD, Punjab &
Sind Bank |
|
50
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Shri Sudhir Vasudeva, CMD, ONGC
|
|
51
|
Shri R P. Singh, former CMD, PGCIL
|
|
52
|
Shri V.K. Gaur, CMD (SFCI)
|
|
53
|
Shri S.P.S. Bakshi, CMD, EPIL
|
|
54
|
Shri K. Kannan, former CMD (Bank of
Baroda) |
|
55
|
Shri A.B.L. Srivastava, CMD & Director
(Finance) in NHPC |
|
56
|
Shri A.K. Jhamb, CMD, NPCC
|
|
57
|
Shri A.K. Mishra, CMD, Bank of India
|
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58
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Shri R.P. Singh, CMD, SJVNL
|
|
59
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Shri Ashok Sinha, former CMD, Bharat
Petroleum Corporation Ltd. |
|
60
|
Shri B.K. Sahu, IAS retired, Chairman,
CWC |
|
61
|
Shri S. Raman, CMD, Canara Bank
|
|
62
|
Shri Rajeev Sharma, CMD, Rural
Electrification Corporation |
|
63
|
CMD, PGCIL
|
| GOVERNMENT OF INDIA |
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS |
RAJYA SABHA |
| STARRED QUESTION NO-261 |
ANSWERED ON-30.08.2012 |
| Time limit for action against corrupt officials |
| 261 . | SHRI JAI PRAKASH NARAYAN SINGH |
|
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