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 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

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

Delivered to Shri Amitabh Rajan Home Secretary on 10/4