Corruption Cases Against IAS/IPS/IRS Officers

Corruption Cases Against IAS/IPS/IRS Officers

According to the information made available by the Central Bureau of Investigation (CBI), it had registered 74 cases of Prevention of Corruption Act against IAS/IPS/IRS officers during the last three years i.e. 2012, 2013, 2014 & 2015 (31.03.2015).


Government has not conducted any survey to ascertain whether overall corruption has increased in the country. India has been ranked 85th out of 175 countries as per Corruption Perception Index (2014) released by the Transparency International.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Dilipbhai Pandya in the Rajya Sabha today.


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Relevant Records for Sanction for Prosecution in Corruption Cases

Department of Personnel & Training has circulated Hon’ble Supreme Court’s guidelines in judgement of Criminal Appeal No.1838 of 2013 to all Chief Secretaries of State Governments & all ministries/departments of government of India vide Department’s letter No. 142/15/2015-AVD.I dated 26.03.2015. It has been mentioned in guidelines that the prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statements, statements of witnesses, recovery memos, draft charge sheet and all other relevant material. It has been further mentioned in guidelines that prosecution has to establish and satisfy the court by leading evidence that the entire relevant facts had been placed before the sanctioning authority and the authority had applied its mind on the same and that the sanction had been granted in accordance with law.

It has been frequently observed that investigating agencies do not send complete proposals of sanction for prosecution and processing of cases are delayed due to unavailability of requisite documents. In order to curb the delay, DoP&T has switched over to Single Window system w.e.f 01.08.2014 for receiving prosecution sanction proposals in the Department as per the revised check-list. During last one year at least 12 incomplete proposals have been received in the Department of Personnel and Training in respect of IAS officers.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri T.Rathinavel in the Rajya Sabha today.


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Sanction of Prosecution of Government Officials

Department of Personnel & Training handles prosecution sanction cases under the Prevention of Corruption (PC) Act, 1988 for Indian Administrative Service, Central Secretariat Service (Under Secretary & above level) & CBI (Gr’ A) Officers only, being their Cadre Controlling Department. Sanction for prosecution is accorded under Section 197 Cr. PC for offences under the IPC and other statues administered by different Ministries/Departments. Such sanction can be sought by different investigating agencies viz. State Law Enforcement Agencies, CBI, Police, etc. against Civil Servant who can be from different service cadres including State Services and All India Services officers posted in the State cadres, etc. The competent authority for granting sanction under Section 197 of Cr. PC for State Government in various ranks is the concerned State Government.

In view of multiple agencies involved in prosecution matters for which sanction is required under Section 197 Cr. PC and such matters being pursued independently by different State and Central investigating agencies, no consolidated information is available as regards such sanctions sought, granted and where such cases of prosecution have attained finality resulting in conviction/acquittal/dismissal of charges.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Avinash Pande in the Rajya Sabha today.