SRINAGAR: The Ladakh Administration has clarified the procedure for granting prosecution sanction in corruption cases involving public servants, directing that the appointing authority competent to remove the accused official from service will be the competent authority to accord such approval.
The clarification was issued by the Union Territory’s General Administration Department in a circular dated August 31, following consultation with the Department of Law and Justice.
The circular said proposals seeking sanction for prosecution in cases registered under the erstwhile Jammu and Kashmir Prevention of Corruption Act, 2006, and the Prevention of Corruption Act, 1988, must be processed and submitted to the competent authority through the General Administration Department.
The Administration noted that Section 6 of the Jammu and Kashmir Prevention of Corruption Act, 2006, and Section 19 of the Prevention of Corruption Act, 1988 require prior sanction from the competent authority before public servants can be prosecuted for offences punishable under the respective laws.
It said the Jammu and Kashmir Prevention of Corruption Act, 2006, stood repealed in Ladakh following the enactment of the Jammu and Kashmir Reorganisation Act, 2019, with the Central Prevention of Corruption Act, 1988, becoming applicable in the Union Territory.
However, the Administration clarified that investigations and legal proceedings relating to liabilities or offences arising under the repealed law would remain unaffected under the provisions of the Jammu and Kashmir Reorganisation Act, 2019, read with the Removal of Difficulties Order, 2019 issued by the Ministry of Home Affairs.
Such investigations, legal proceedings or remedies may continue or be enforced as if the repealed legislation had not ceased to operate, the circular said.
The General Administration Department has asked all Administrative Secretaries and Heads of Departments to ensure strict compliance with the instructions while processing cases involving sanction for prosecution.
