Circular No. 12/2020-Customs

F. No. 394/91/2018-Commr (Inv.-Cus)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs
(Investigation-Customs)
*****.

New Delhi, dated 10.2.2020

To,

All Principal Chief Commissioners/ Chief Commissioners of Customs/ Customs
(Preventive)/ Customs & Central Taxes
The Principal Director Generals, DRI/DGGI,

Sir /Madam,

Subject: Sanction of Prosecution of Group -‘A’ Officers in some cases-reg.

I am directed to draw your kind attention to various issues related to prosecution proposals against Group A officers where charges under the Prevention of Corruption Act, 1988 (No. 49 of 1988) have not been invoked.

2. The matter was examined in CBIC and it was accordingly decided that the approval of the Competent Authority for sanction of prosecution shall be obtained as under:

In respect of the proposals emanating from the field formations of Customs [including Directorates, except DRI & DGGSTI], the Commissioner (Investigation-Customs) and the Commissioner (GST-Investigation), shall respectively process the proposals pertaining to prosecution of Group ‘A’ officers through the Member in charge of the Zone forwarding the prosecution proposal. In case the proposal of prosecution is received from DRI/ DGGSTI, Commissioner (Investigation- Customs) and the Commissioner (GST-Investigation) wings will route the file through Member (Investigation), CBIC.

3. Prosecution proposals involving charges under Prevention of Corruption Act, 1988 shall be routed to Directorate General of Vigilance (DGoV).

4. Chief Commissioners/ Director Generals are hereby directed to circulate the guidelines to all the formations under their charge. Difficulties, if any, in implementation of the aforesaid guidelines may be brought to the notice of the Board.

Yours Sincerely,

(Zubair Riaz)
Commissioner (Inv. – Cus), CBIC

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