There are different rules in different banks. The authority empowered to
sanction Prosecution of an officer always acts under the influence / pressure of
the CBI / CVO and is not permitted to act independent. Further, while provision
has been made for obtention of sanction of the Competent Authority before
launching prosecution against the officer but no such provision has been made to
obtain similar sanction before arresting the officer.
The power to sanction Prosecution of an officer should be vested in his
Appointing Authority. The ground rules should be laid down for giving sanction
for prosecution and the Appointing Authority or the Disciplinary Authority
should be given a free hand to act independently. Once he declines to give
sanction, he becomes a functus officio and sanction cannot be sought unless
fresh evidence is presented before him. A provision should also be incorporated
to obtain sanction of the Appointing Authority before arresting the officer.