AJAY KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein was an I.A.S. Officer from Bihar cadre. On the basis of a complaint, an F.I.R. was registered under various Sec. of the Indian Penal Code and also under Ss. 5(2) read with 5(1)(c)and (d) of the Prevention of Corruption Act on 22/1/1985 in regard to acts done in 1982. The allegation against him was that he had sanctioned a loan of Rs.15.00 lacs in favour of a firm for financial gain and that he had awarded a contract to an advertisement agency without inviting tenders and caused financial loss while he was the Managing Director of a Public Sector Undertaking. The investigation report dtd. 21/4/1986 did not show any criminal liability on the part of the appellant. It was also decided to drop the criminal proceedings against the appellant. The sanction was not accorded for prosecution. When matters stood thus, nearly 20 years later (17 years after FIR was registered) on 12/12/2003 the sanction was granted. The appellant challenged the sa me.

(3.) The learned Single Judge set aside the sanction holding that it is an old case and further trial would be an harassment to the appellant. The State went in appeal and the Division Bench held that the order of the learned Single Judge has to be set aside and ordered the authorities to proceed in accordance with law.