ABHA TYAGI Vs. DELHI ENERGY DEVELOPMENT AGENCY

JUDGEMENT

(1.) The authority to exercise the power of review in respect of sanction of prosecution under section 19(1)(c) of the Prevention of Corruption Act, 1988(for short the Act) has given rise to the present petition.

(2.) The petitioner joined respondent No.1, Delhi Energy Development Agency in February, 1981 and was promoted as an Administrative Officer in 1991. On 18.2.96 an FIR was registered against Sh.C. S. Khairwal, the then Joint Secretary in the Ministry of Surface Transport. The petitioner was also arrested by the Central Bureau of Investigation and since she remained in custody for more than 48 hours the petitioner was placed under suspension in accordance with CCS(CCA) Rules. The petitioner challenged the action against her and was reinstated by an order dated 25.7.97 in CW 1818/97.

(3.) On 26.2.98 an FIR was filed against the petitioner for disproportionate assets. A request was made for sanction of prosecution under section 19(1)(c) of the said Act but the same was declined by the competent authority vide orders dated 29.11.99 and 15.3.2000. Request was again made by the CBI for reconsideration of the matter but the same was declined vide order dated 5.2.2001 on the ground that the competent authority had no power to review its decision. The CBI continued to make requests by subsequent letters dated 21.6.2001, 17.7.2001 and 24.9.2001. Finally the sanction was granted by the order dated 31.10.2001.