Administrative Law
Accountability has three essential constituent dimensions. (i) responsibility, (ii) answerability and (iii) enforceability—Responsibility requires the identification of duties and performance obligations of individuals in authority and with authorities—Answerability requires reasoned decision-making so that those affected by their decisions, including the public, are aware of the same—Enforceability requires appropriate corrective and remedial action against lack of responsibility and accountability to be taken.
[Para 35]
Prevention of Corruption Act, 1988
Section 19—Sanction for prosecution—Sanction for prosecution of an employee of the Union under the PC Act would involve invocation of specific provisions of the CrPC, the Delhi Special Police Establishment Act, the PC Act, and the CVC Act, all of which constitute a unified scheme—There is no illegality in the action of the appointing authority, the DoPT, if it calls for, refers, and considers the opinion of the Central Vigilance Commission before it takes its final decision on the request for sanction for prosecuting a public servant—Order of sanction suffers from no illegality due to non-application of mind or acting under dictation.
[Paras 18 & 19]
Section 19—Sanction for prosecution—Whether the criminal proceedings could be quashed for the delay of about two years in the issuance of the sanction order—Public policy behind providing immunity from prosecution without the sanction of the State is to insulate the public servant against harassment and malicious prosecution—Such protections are not available to other citizens because of inherent vulnerabilities of a public servant and the need to protect them—No legislation prescribing the period within which a decision for sanction is to be taken— Parliament has expressly empowered the CVC under Section 8(1)(f) of the CVC Act to review the progress of applications for sanction—Upon expiry of the three months and the additional one-month period, the aggrieved party, be it the complainant, accused or victim, would be entitled to approach the concerned writ court.
[Paras 28 to 32 & 37]
Section 19—Sanction for prosecution—Delay in—Sanctioning authority must bear in mind that public confidence in the maintenance of the Rule of Law, which is fundamental in the administration of justice, is at stake here—By causing delay in considering the request for sanction, the sanctioning authority stultifies judicial scrutiny, thereby vitiating the process of determination of the allegations against the corrupt official—Delays in prosecuting the corrupt breeds a culture of impunity and leads to systemic resignation to the existence of corruption in public life—Such inaction is fraught with the risk of making future generations getting accustomed to corruption as a way of life.
[Para 28]
Section 19—Sanction for prosecution—Time period—Period of three months extended by one more month for legal consultation is mandatory—Consequences of non-compliance shall not be quashing of the criminal proceeding for this very reason.
[Para 38]
Section 19—Delay in sanction for prosecution—Accountability—Competent authority shall be accountable for the delay and be subject to judicial review and administrative action by the CVC under Section 8(1)(f) of the CVC Act.
[Para 38]