CVC Circular dt.22.12.2020 - Stay cannot be more than 6 months - SC judgement - No.19/12/20

CENTRAL VIGILANCE COMMISSION
Satarkta Bhawan, G.P.O. Complex,
Block-A, INA, New Delhi-110023
No.020/MSC/028
Dated 22.12.2020
Circular No.19/12/20
Ministry of Law and Justice, vide their Office Memorandum No.N-17/10/2018-NM dated 13.06.2018 have brought to notice, the judgement dated 28.03.2018 of the Hon’ble Supreme Court in the above cited Criminal Appeal. Copy of O.M. dated 13.06.18 of Ministry of Law and Justice is enclosed.
2. As pointed out by Ministry of Law and Justice, in the judgement dated 28.03.2018, Hon’ble Supreme Court had ordered for limiting the period of stay granted by a court of law to six months, except in exceptional circumstances. The Commission has desired that the orders dated 28.03.2018 may be kept in view, while handling/examining court matters in the organisations. In respect of those court cases, where stay was granted by a trial court more than six months ago and also in cases based on CBI’s investigation, which have been kept in abeyance due to court’s orders, the issues may be examined in the light of the aforementioned judgement of the Hon’ble Supreme Court. Appropriate and immediate steps may also be taken, in consultation with the organization’s counsels/Legal Branch to ensure that the stay, if granted by a court of law, is vacated within six months’ period and court proceedings are commenced.
3. The above position may also be brought to the notice of the Chief Executive and Legal Branches of the organisations concerned for keeping the Supreme Court’s orders in view, while handling Legal/ Court matters.
4. Complete judgement of the Hon’ble Supreme Court may be accessed from the Supreme Court’s website through the lik https://sci.gov.in/supremecourt/2011/27580/27580_Judgement_28-Mar-2018.pdf.
5. It may be noted for compliance with immediate effect.
(Rajiv Verma)
Officer on Special Duty

All Chief Vigilance Officers

Encls: As above.


Original Circular in PDF for download/print purposes:
circular 22122020.pdf (665.4 KB)