M P MUNIRATNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has challenged the order of the State Government dated 30. 7. 2002 according sanction for prosecution under Section 197 of the Criminal Procedure Code.

(2.) THE petitioner is an officer in the State Accounts Department, government of Karnataka. While he was working on deputation in the Karnataka Housing Board as a Controller of Finance, on certain allegations a criminal complaint was lodged by the Karnataka housing Board with the jurisdictional police. Thereafter on certain investigations the Inspector General of Police submitted the report to the State Government seeking for grant of sanction for the purpose of prosecution under Section 197 of Cr. P. C. (hereinafter referred to as the Code ). On that Report, the Home Department passed an order according sanction for prosecution. The said order has been published in the name of the Governor as required under article 166 of the Constitution of India. This order is under challenge by the petitioner in this petition.

(3.) SRI B. B. Bajentri, learned Counsel for the petitioner submits that since the petitioner is an officer in the Department of State accounts which was controlled by the Finance Department, the home Department has no jurisdiction or authority to accord sanction and therefore the impugned order which has been published in the name of the Governor on the basis of the order passed by the home Department is to be declared as illegal and void.