THIRUVANANTHAPURAM: Despite the anti-corruption posturing of the LDF and UDF governments, 74 cases involving public servants are awaiting the government’s sanction, hindering the Vigilance and Anti-Corruption Bureau from initiating prosecution proceedings.
Some of the cases are as old as eight years and the files have been kept in VACB’s cold storage after the government sat on prosecution requests indefinitely.
As per Section 19 of the Prevention of Corruption Act, courts cannot take cognisance of corruption cases involving public servants without sanction from the competent government authority.
Government sources said about 72 cases pertained to state officers, while the other cases were related to an All India Service (AIS) official and a Group B officer. In the case of AIS and Group B officials, prosecution sanction should be granted by the Union government. However, sources said, requests seeking sanction have not been sent by the state government to the Centre.
Under normal circumstances, the sanction is expected to arrive within three to six months. As per PC Act section 19 (2), sanction should be granted by the authority that held the power to remove the official at the time the alleged offence was committed. In the case of state department staff, sanction should come from department heads—mostly IAS officers or senior bureaucrats.
“The department heads do not take a decision on those requests and keep it with them. The anti-graft body seeks sanction after completing its inquiry. It also seeks legal opinion before approaching the department head concerned for sanction. Despite that, permissions are accorded rarely and reluctantly. This hinders justice being served in corruption cases,” a source said.
Vigilance sources said several reminders were served to the government to seriously consider the matter.
“During the LDF government’s tenure, we had sent reminders. We will continue to do that with the current government as well,” sources said, adding that the vigilance might ask the government to convene a coordination meeting that includes all department secretaries as well.
