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Time limit for action against corrupt officials

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

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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.

******
ANNEXURE
LIST OF CMDs OF PSUs AGAINST WHOM COMPLAINTS HAVE BEEN RECEIVED
Sl.No.
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
12
Dr. A.K. Lomas, CMD, MECL
13
CMD & FD’s incl. Dir (HR), MTNL
Board & other Officers in HR Deptt of MTNL
14
Shri S.K. Garg, CMD, NHPC
15
Dr. Jayashree Gupta, CMD (IDPL)
16
Capt. S.S. Tripathi, CMD, DCIL                                          
17
Brig. S.P. Mehla, CMD, SFCI
18
Sh. Kallol Datta, CMD, Andrew Yule &
Co.
19
Sh. R.S.T. Sai, CMD, THDC
20
Sh. S.K. Chaturvedi, CMD (PGCIL)
21
Smt. Anju Banerjee, CMD, EdCiL
22
Sh. N.M. Borah, CMD, OIL and another
23
Sh. H.A. Daruwala, Former CMD, CBI
24
Sh. Praful Tayal, CMD, CIWTC
25
Shri I.P. Barooah, D (Pers), i/c CMD,
NEEPCO
26
Sh. S. Hazra, Chairman, Shipping Corp
of India
27
Sh. H.K. Sharma, CMD, SJVNL
28
Sh. Satnam Singh, CMD, PFCL
29
Shri G.S. Mangat, ex-CMD, NFL                                                                   
30
Shri S. Sreedhar, CMD, Central Bank of
India
31
Shri A.K. Srivastava, CMD, NALCO
32
CMD & Director (Offshore) of ONGC
33
Sh. R.P. Tak, CMD, CCI
34
Sh. D. Dutta, Ex-CMD, WAPCOS
35
CMD (CCI)
36
Sh. K.L. Dhingra, CMD (ITI)
37
Shri O.P. Bhatt, Chairman (SBI) 
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
Mr. M.V. Nair, CMD (UBI)
42
Shri Arvind Jadhav, CMD (Air India)
43
Shri M.V. Tankasle, CMD (Central Bank of
India)
44
Sh. V.P. Agrawal, CMD (AAI)
45
Shri C.R. Pradhan, Ex-CMD, NALCO
46
Shri M.S. Rana, CMD (SPMCIL)
47
Shri Nirmal Sinha, CMD (HHEC)
48
Shri A.B. Pandya, CMD (NPCC)
49
Shri R.P. Singh, Ex-CMD, Punjab &
Sind Bank
50
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
58
Shri R.P. Singh, CMD, SJVNL
59
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
Above information was submitted by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Shri V Narayanasamy in reply of a question in Rajya Sabha detail below:-
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
(a) whether Government
has issued a missive to all Ministries/Departments, Public Sector
Undertakings (PSUs) and Public Sector Banks to strictly follow a time
limit of three months in taking action against corrupt officials;

(b) if so, the details of the circular issued by Department of Personnel and Training;

(c) whether Government has received complaints against Chairman & Managing Directors (CMDs) of several PSUs; and

(d) if so, the names of CMDs of PSUs against whom complaints of corrupt practices have been received?

ANSWER
Minister of State in the Ministry of
Personnel, Public Grievances and Pensions and Minister of State in the
Prime Minister’s Office. (SHRI V. NARAYANASAMY)
(a) to (d): A Statement is laid on the Table of the House. [See above]

*****
Source: Rajya Sabha Q&A
Link for Annexure: http://164.100.24.219/annex/226/As261.docx 
To read in Hindi click here

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