Final say on sanction of probes back with DOPT

FAVOURS PEOPLE WITH HIGH-LEVEL SKILLS, DEGREES AND JOB OFFERS RETURN OF THE POWER

NEWDELHI: The Department of Personnel and Training (DOPT), which reports to the Prime Minister, will now be the final authority in case any central government department, ministry or the Central Vigilance Commission (CVC) refuses to allow the prosecution of government servants by the Central Bureau of Investigation (CBI), according to a government order.

The order means that the PM will be the ultimate authority in case of a conflict or delay over a sanction for prosecution. Experts say this could improve CBI’S chances of being allowed to investigate and prosecute corrupt public servants, although political opponents fear that it could be used to settle political scores.

HT has seen a copy of the March order which restores DOPT’S ultimate authority when Before 1986, DOPT was the final authority on sanctions for prosecution of central govt servants

In Oct 1986, an order was passed telling CBI to get sanctions from govt ministries and depts before prosecuting govt officials Now, the DOPT, which reports to the PM, will again be the final authority it comes to sanctions -- after a gap of 33 years.

For instance, in at least two cases, Uttar Pradesh in 2007 and Maharashtra in 2013, the then governors refused to allow the sitting chief ministers to be prosecuted by CBI. The Bahujan Samaj Party’s (BSP) Mayawati was the CM of UP then, and the Congress’s Ashok Chavan the CM of Maharashtra. The Congress-led United Progressive Alliance (UPA) was in power at the Centre in both cases.

According to prescribed government guidelines and the Supreme Court’s judgement in the Vineet Narain case in 1997, government departments are supposed to accord sanction for prosecution within the three months of CBI’S request. However, it has been noticed that several requests remain pending for years.

CBI is currently awaiting such sanction in cases involving 36 central government officials including four IAS officers, BL Agarwal (former health secretary of Chhattisgarh), K Dhanalakshmi (former deputy secretary in Uttar Pradesh), Y Srilakshmi (former secretary in Telangana), and D Dhesi (former CMD of Met