K.K. VASHISHTH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner in Writ Petition (Cr) No. 1142 of 2019 is the Appellant. Challenge is against the order dated 22.01.2020, whereby the prayer for interim relief came to be rejected. The crux of the factual matrix as put forth by Shri B.P. Sharma, the learned counsel for the Appellant is that, when the Appellant was serving as an Executive Engineer in the erstwhile Irrigation Department (now, the Water Resources Department) some allegations were levelled against the Petitioner and some other employees; pursuant to which Crime No. 42/1996 came to be registered against them in respect of various offences including under the relevant provisions of the Prevention of Corruption Act , 1988 (for short, 'Act of 1988'). It is stated that investigation is still going on, for more than two decades.

(2.) The department simultaneously initiated disciplinary action against the other employees, but no action was initiated against the Appellant/writ Petitioner in this regard. After culmination of the departmental enquiry, the other officials were found guilty of some minor lapses and accordingly, punishment of reduction of one increment without cumulative effect was imposed upon them. As there was nothing against the Petitioner/Appellant, on attaining the age of superannuation, he left the service and all the retirement benefits have been paid to him, who is continuing to draw the pension without any objection from any corners.

(3.) Two decades after the alleged incident, in the attempt to prosecute the Petitioner/Appellant, sanction of the parent department (Water Resources Department) was sought for. This was considered and sanction was refused by the said Department referring to the facts and figures as per Annexure P/1 order dated 16.05.2019. According to the Appellant/Petitioner, a contrary stand was taken by the Law Department/1 st Respondent and sanction for prosecution was accorded in respect of various offences, including the Act of 1988 as per Annexure P/2 order dated 15.05.2019, a copy of which came to be forwarded to the Petitioner/Appellant alongwith covering letter dated 11.10.2019.