Fax:  011-3012432 (N.B.)
  011-3013142 (E.O.)
                 011-4624821 (L.N.B.)
   011-4360862 (Trg.Divn)
   011-4361230 (P.E.S.B.)
                                                                                                      Telex:   62826 (N.B.)
   66366 (Trg.Divn.)

           Subject: Sanction for prosecution

          Under Section 19 of the prevention of corruption Act, 1988 as also Section 197 of the Cr.PC, it is necessary for the prosecuting authority to have the previous sanction of the Competent authority for launching prosecution against a public Servant in order that the Court concerned can take cognizance of the matter.

2.     The Supreme Court in WP (Criminal) No.340-343 of 1993 vineet Narain and others Vs.Union of India and another, has, inter alia given the following direction vide judgement dated 18-12-1997:-

                          "Time limit of 3 months in 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 or any other Law officer in the Ag's office."

3.      The above direction of the Supreme Court is hereby brought to the attention of all Ministries and Departments for the purpose of strict compliance and with the request that it may similarly, be brought to the attention of all organisations under the Ministries and Departments vested with the authority of sanction for prosecution under the Prevention of Corruption Act, 1988 and the Code of Criminal procedure, 1973.  It is further emphasized that while the Supreme Court has laid down the maximum limit, the effect should be to convey the decision regarding such requests as early as possible in each case.

                                                                                                                            (ARVIND VARMA)
                                                                                                                              SECRETARY (P)