PAPPU SINGH RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicant/accused is facing trial for offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (henceforth ' PC Act,1988'), in which the State Government through its Department of Law & Legislative Affairs had granted sanction for prosecution of the applicant by order dated 16.06.2014 under Section 19(1) of the PC Act, 1988 for the above-stated offences.

(2.) The applicant filed an application under Section 19(4) of the PC Act, 1988 stating inter alia that his appointing authority is Department of Revenue, Govt. of Chhattisgarh which is only the authority competent to remove the applicant from service and, as such, the Department of Law & Legislative Affairs has no right and authority to grant sanction for prosecution and, therefore, the application be allowed and applicant be acquitted of the charges levelled against him for want of valid sanction for prosecution.

(3.) The Respondent/Anti Corruption Bureau filed its reply stating inter alia that the State Government has taken a policy decision on 28.02.1998 that in cases registered by the Economic Offence Investigation Bureau (for short 'Bureau'), procedure for sanction would be the same as applicable to the Lokayukt Organization, which has been indicated in circular dated 21.04.1997, in which cases for sanction are sent by Bureau to the Department of Law & Legislative Affairs and, in turn, Department of Law & Legislative Affairs would obtain the opinion from the Administrative Department of the concerned officer/employee and, thereafter, the Department of Law & Legislative Affairs, after due consideration, would take final decision granting sanction for prosecution or refusing sanction and, as such, the order granting sanction dated 16.06.2014 by Department of Law & Legislative Affairs, is in accordance with law.