MANJU SURANA Vs. SUNIL ARORA & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The question of law sought to be raised in the appeals is as to whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.').

(3.) In Criminal Appeal No.......of 2018 (arising out of SLP (Crl.) No.5838 of 2014), the appellant submitted a complaint before the Special Judge (Prevention of Corruption Act, Jaipur Metropolitan City, Jaipur) under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act') and Sections 420, 467, 468 and 471 read with Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). The appellant sought investigation of offences and registration of an FIR against the accused persons. The first respondent arrayed as an accused before the Special Judge as "Principal Secretary to the Government P.H.E.D. Chief Minister" is the first respondent before us, the other persons arrayed as accused before the Special Judge, being the Superintending Engineer, Chief Engineer, ex Chief Minister (as she then was), ex Minister of P.H.E.D., Finance Secretary, Deputy Accountant General and P.S.L. Company through its Managing Director are also before us, as the Respondents. It is alleged in the complaint that in the drinking water project Nos.1 to 8, a conspiracy was hatched for fulfilling the personal vested interest by way of a tender procedure, which caused loss to the Government fund. The last and the 8th accused was stated to be given the advantage for personal interest. It is not necessary for the purpose of the present controversy to get into the detailed facts but suffice to say that as per the allegations of the appellant, there was a shortage of budget for running the projects and the report of respondent No.1, then the Principal Secretary, dated 20.4.2008 was liable to be perused. In order to make payments for the outstanding and running projects, the Chief Secretary, accused No.1, is stated to have written a proposal to the Finance Department but the Finance Secretary expressed his inability for making available such huge amounts. The fund was stated to have been digressed.