
Srinagar, Aug 31 : The Administration of Union Territory of Ladakh has issued a clarification regarding prosecution sanction in cases registered under the anti-corruption laws.
As per Circular issued by General Administration Department, UT Secretariat Leh today, Section 6 of the Jammu & Kashmir Prevention of Corruption Act, 2006 and Section 19 of the Prevention of Corruption Act, 1988 respectively provide for obtaining prior sanction of the Competent Authority for prosecution of public servants.
The circular said that while the J&K Prevention of Corruption Act, 2006 stands repealed in Ladakh consequent upon enactment of J&K Reorganisation Act, 2019, the central Act Prevention of Corruption Act, 1988 is now applicable in the UT.
However, in terms of the Reorganisation Act read with Removal of Difficulties Order, 2019 issued by Ministry of Home Affairs, repeal of any Act does not affect any investigation, legal proceeding or remedy in respect of any right, privilege, obligation or liability acquired under the repealed law, and such proceedings may be continued as if the Act had not been repealed.
Accordingly, after examination in GAD in consultation with Department of Law & Justice, it has been clarified that the Appointing Authority, being the authority competent to remove the concerned public servant from service, shall be the Competent Authority to accord sanction for prosecution under applicable provisions of the enactments.
It further clarified that proposals for according sanction for prosecution shall be processed and submitted to the Competent Authority through the General Administration Department.
All Administrative Secretaries and Heads of Departments have been requested to ensure strict compliance with the instructions while processing cases relating to sanction for prosecution.
Srinagar, Aug 31 : The Administration of Union Territory of Ladakh has issued a clarification regarding prosecution sanction in cases registered under the anti-corruption laws.
As per Circular issued by General Administration Department, UT Secretariat Leh today, Section 6 of the Jammu & Kashmir Prevention of Corruption Act, 2006 and Section 19 of the Prevention of Corruption Act, 1988 respectively provide for obtaining prior sanction of the Competent Authority for prosecution of public servants.
The circular said that while the J&K Prevention of Corruption Act, 2006 stands repealed in Ladakh consequent upon enactment of J&K Reorganisation Act, 2019, the central Act Prevention of Corruption Act, 1988 is now applicable in the UT.
However, in terms of the Reorganisation Act read with Removal of Difficulties Order, 2019 issued by Ministry of Home Affairs, repeal of any Act does not affect any investigation, legal proceeding or remedy in respect of any right, privilege, obligation or liability acquired under the repealed law, and such proceedings may be continued as if the Act had not been repealed.
Accordingly, after examination in GAD in consultation with Department of Law & Justice, it has been clarified that the Appointing Authority, being the authority competent to remove the concerned public servant from service, shall be the Competent Authority to accord sanction for prosecution under applicable provisions of the enactments.
It further clarified that proposals for according sanction for prosecution shall be processed and submitted to the Competent Authority through the General Administration Department.
All Administrative Secretaries and Heads of Departments have been requested to ensure strict compliance with the instructions while processing cases relating to sanction for prosecution.
© Copyright 2023 brighterkashmir.com All Rights Reserved. Quantum Technologies