shailesh gandhi (Former Central Information Commissioner) B2 Gokul Apartment, Near Asha Parekh Hospital, Podar Road, Santacruz

(W),Mumbai400054 , Tel: 022 26001003; 8976240798 Email: shaileshgan@gmail.com 8 April, 2014

Shri J.S. Saharia, Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai 400032. Sub.: Act 21 of 2006. Dear Shri Saharia, It has been reported that CBI has requested sanction to prosecute IAS officers Mr. Pradeep Vyas and Dr. Jairaj Phatak in July 2013, and no sanction or rejection has been communicated so far. I would like to bring to your notice that as per Rule 10 of the Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006) if a file remains without a final disposal in a department for more than three months, disciplinary action is required to be taken against the officers responsible after conducting an enquiry. Request you to conduct a preliminary enquiry in this matter within 15 working days as per rule 3 (6) and request that the enquiry report be sent to me. This delay also violates the Supreme Courts order in the Vineet Narain case that sanction for prosecution has to be given within three months. As the attached CVC circular mentions the Supreme Court has ruled that sanction for prosecution is an administrative action. Hence the delay clearly violates the Maharashtra Act 21 of 2006, apart from the CVC circular and the Supreme Courts order. I had sent an email in this regard on 7 April at 1.21pm which has not been acknowledged so far which contravenes rule 8 of Act 21 which states: Acknowledgement of e-mails. An acknowledgement of e-mails received shall be given by concerned person. If the e-mail received is not concerned with the office or Department or Desk then it shall be forwarded to the concerned office or Department or Desk and accordingly intimated the same to the applicant by e-mail. I request a response to this letter. Yours truly

Shailesh Gandhi Enclosed: CVC circular 07/03/12 of 28 March 2012

shailesh gandhi (Former Central Information Commissioner) B2 Gokul Apartment, Near Asha Parekh Hospital, Podar Road, Santacruz (W),Mumbai400054 , Tel: 022 26001003; 8976240798 Shri Amitabh Rajan, Home Secretary, Government of Maharashtra, Mantralaya, Mumbai 400032. Dear Shri Amitabh Rajan, I have been informed in RTI that there are three cases of senior Police officers where sanction for prosecution has not been given or rejected for a long time. I would like to bring to your notice that as per Rule 10 of the Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006) if a file remains without a final disposal in a department for more than three months, disciplinary action is required to be taken against the officers responsible after conducting an enquiry. I am attaching the information received. Request that you conduct a preliminary enquiry in this matter within 15 days as per the rules and send me the enquiry report. I request you to conduct a preliminary enquiry in this matter within 15 working days as per rule 3 (6) and request that the enquiry report be sent to me. This delay also violates the Supreme Courts order in the Vineet Narain case that sanction for prosecution has to be given within three months. As the attached CVC circular mentions the Supreme Court has ruled that sanction for prosecution is an administrative action. Hence the delay clearly violates the Maharashtra Act 21 of 2006, apart from the CVC circular and the Supreme Courts order. I had sent an email in this regard on 3 April which has not been acknowledged so far which contravenes rule 8 of Act 21 which states: Acknowledgement of e-mails. An acknowledgement of e-mails received shall be given by concerned person. If the e-mail received is not concerned with the office or Department or Desk then it shall be forwarded to the concerned office or Department or Desk and accordingly intimated the same to the applicant by e-mail. I request a response to this letter. Yours truly Email: shaileshgan@gmail.com 8 April, 2014

Shailesh Gandhi Enclosed: 1. CVC circular 07/03/12 of 28 March 2012 2. RTI reply Home Department

General Format for activating this Act Send letter to the Secretary of the department. I had given a application/complaint/ representation on .date. Despite the lapse of over three months I have not received any communication from them.

I would like to bring to your notice that as per Rule 10 of the Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006) if a file remains without a final disposal in a department for more than three months, disciplinary action is required to be taken against the officers responsible after conducting an enquiry. Request that you conduct a preliminary enquiry in this matter within 15 days as per the rules and send me the enquiry report. I request you to conduct a preliminary enquiry in this matter within 15 working days as per rule 3 (6) and request that the enquiry report be sent to me.