STATE OF RAJASTHAN Vs. DEV KANT MEENA

JUDGEMENT

(1.) The decision-making process under Sec. 19 of the Prevention of Corruption Act, 1988 cannot resemble the dilemma in Hamlets Soliloquy: to be or not to be, though expressed in a different context. If there is ambivalence, it could be presumed that extraneous considerations weighed and here is a case where political dictate is blatantly displayed.

(2.) The petitioner filed a writ petition seeking to call for the record of the sanction for prosecution with respect to Challan No. 18/2019 of 29/1/2019 submitted by the Additional Superintendent of Police in Case No.04/2019 pending in the Court of Special Judge, ACD, Ajmer to quash it as null and void and restrain the respondents from taking any disciplinary action against him. The sanction was initially declined and later, on undue coercion, without anything new, was granted.

(3.) The charge arose, as is seen from the impugned order when a complaint was made at the Police Station- CPS, ACB, Jaipur, District-Chauki: ACB Special Unit, Ajmer that the petitioner had demanded Rs.5,000.00 to Rs.6,000.00 for the knee surgery of the complainants relative. An amount of Rs.1,000.00 was paid on 24/3/2017, followed up with another Rs.2,000.00 on 25/3/2017 and Rs.3,000.00 on 27/3/2017. Further an amount of Rs.500.00 was also received and Rs.2,000.00 was handed over on 29/3/2017 after the surgery. The amount of Rs.2,000.00 handed over on 29/3/2017 is alleged to have been recovered from the drawer of the table at the official residence of the petitioner where he was arrested, in pursuance to a trap laid.