Be careful in granting sanction for prosecution of a govt

Punjab government today directed all Head of the Departments to take utmost care and have full knowledge of the material facts of the case before granting sanction to any investigating agency for the prosecution of any government officers.
Written instructions to all Head Of Departments, finance Commissioners, Principal Secretaries and Administrative Secretaries, have been issued with the relevant part of the recent Supreme Court judgement, an official spokesperson said.
The apex court had observed that there is obligation on the sanctioning authority to discharge its duty, to give or withhold sanction only after having full knowledge of the material facts of the case.

"Grant of sanction is not mere formality so before granting sanction in public interest and the protection available to the accused against whom sanction is sought must be kept in mind," the spokesperson said.
He said Supreme Court has explicitly laid down guidelines for grant of sanction for prosecution which need to be complied upon.
The Court had observed that sanction lifts the bar for prosecution, therefore, it is not an acrimonious exercise but a solemn and sacrosanct act which affords protection to the government servant against frivolous prosecution.
"The HoDs have been asked to adhere to these guidelines before granting sanction for prosecution," he said.

The prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statement, statement of witness, recovery memos, draft charge sheets and all other relevant material, the spokesperson said.