AMBASA NAGOSA KABADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above Criminal petition is directed against the order passed by the Special Judge, Belgaum, in Special Case No, 5/1982, dated 17-7-1986, against the petitioners and others, i.e., Accused- 4& 5, respectively.

(2.) The facts of the case in brief are that: The Deputy Commissioner of Police State-Vigilance Commission, Bijapur Division has filed this charge-sheet for the offences punishable under Sections 461, 471 and 120(B) IPC & Section 5(l)(d) r/w Section 5(2) of the Prevention of Corruption Act, against A-1 to A-6. During that period A-1 and A-2 were working as Special Land Acquisition Officers, Hidkal Project. A-3 was working 2nd Division Surveyor, A-4, as Junior Engineer, A-5, as Asst. Horticulture Officer, A-6, as 2nd Division Surveyor. R.S.No. 47/3 measuring 2 acres 39 guntas situated at Gudaganatti village, Hukeri, Taluk, belonging to A-7 to A-12 was acquired for the Hidkal Dam Project. During the acquisition proceedings the accused persons entered into a conspiracy to obtain pecuniary advantage for themselves and in pursuance of that conspiracy A-3 Sri A.S, Mali, the Second Division Surveyor, and A-4 who was then the Junior Engineer carried out joint measurements of the said land between 29-10-1974, and 31-10-1974, and fabricated a false joint measurement certificate showing the existence of 10 jali trees, 46 Tamrind trees and 35 Mango trees knowing fully well that those trees did not exist in the land. A-5 the Asst. Horticulture Officer, in pursuance of the conspiracy prepared a false valuation sheet showing the value of the said trees at Rs. 36,629/- though he also knew that the trees did not exist. A-6 and 2nd Division Surveyor issued a false verification certificate to that joint measurement certificate prepared by A-3 and A-4 knowing that it was false. A-1 who was then the Special land Acquisition Officer, Hidkal Dam, without inspecting the land made a false inspection report dated - 16-3-1976, wherein he certified about the existence of the above trees. A-2 who succeeded A-l as the Special L.A.O. in pursuance of the same conspiracy prepared a false report dated 27-7-1977 stating that the land was submerged and as such he was unable to verify the details shown in the joint measurement certificate though actually that land was not at all submerged. A-2 then prepared a false award under Section 11 of the L.A.O. Act, on the basis of the false joint measurement certificate, false valuation report and false inspection report prepared by A-1 and A-3 to A-6 and after obtaining the approval of the Special Deputy Commissioner, declared the award on 23-7-1977 for a sum of Rs.42,337-25 ps. Subsequently A-2 ordered the said amount to be paid to A-7 to A-12. Thus A-1 to A-6 have abused their official position to secure pecuniary advantage for themselves and to A-7 to A-12 by illegal means and by fabricating all these documents.

(3.) The accused in pursuance of their conspiracy have caused loss to the Government to the extent of Rs. 35,805/-. A-4 and 5 are the Government servants and they are the Junior Engineer, and Horticulture Officer, respectively and they are public officers, they cannot be proceeded - against them without proper authoritative sanction by the Government. Section 6 of the Prevention of Corruption Act is very clear that sanction is necessary to prosecute a public servant., which reads as under :