GOPAL SINGH BISHT Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner Gopal Singh Bisht S/o Inder Singh Bisht arrayed as accused A-10, in the charge sheet filed by the respondents to the present petition i.e., the Central Bureau of Investigation, Special Crime Region-III, New Delhi, in Charge-sheet No.13 dated 25.8.2008 in relation to the FIR No. RC- 12(S)/2006/SCR-III, New Delhi for the alleged commission of offences punishable under Sections 120-B r/w 420, 468 & 471 IPC r/w Section 13(2) r/w 13(1)(d) of PC Act, 1988 and substantive offences under Section 13(2) r/w 13(1)(d) of PC Act, 1988 (as it then existed) and who vide order dated 25.1.2016 of the Special Judge (CBI-01), CBI (North -West), Rohini, in CBI case No. 57/2008 prima facie was held to have committed offences punishable under Section 120 B of the Indian Penal Code, Section 13(2) of the Prevention of Corruption Act, 1988 read with Section 13(1)(d)(ii) and 13(1)(d)(iii) of the Prevention of Corruption Act, 1988 and other penal offences as mentioned in the charge sheet with the aid of Section 120-B of the Indian Penal Code, 1860 and who vide the charge framed on 15.4.2016 was charged to the following effect:

(2.) The petitioner contends that in the instant case sanction under Section 19 of the Prevention of Corruption Act, 1988 had been accorded and that no requisite sanction in terms of Section 197 of the Cr.P.C., 1973 having been accorded for the offences punishable under the Indian Penal Code, the charges levelled against the petitioner cannot be sustained and cannot be allowed to remain on the record in as much as the previous sanction of the Central Government or the State Government concerned was a condition precedent for taking cognizance of any offence against the petitioner herein, a public servant, in as much as the offences punishable under the Indian Penal Code, 1860, alleged against him, if any, have been done by him only whilst acting or purporting to act in the discharge of his official duty and that further more, the sanctioning authority Mr.R.K.Srivastava, the then Secretary (SC/ST/OBC/Min) i.e., the then Secretary for the Department for the Welfare of the SC/ST/OBC/Minorities, Government of NCT of Delhi, himself is arrayed as a co-accused with the present petitioner in another Co-operative Group Housing Scam case, namely, Uttar Bharat CGHS and 32 other cases in relation to Co-operative Societies originating from the very same order of this Court dated 13.2.2006 in CWP 10066/2004, and thus the sanction order suffered from gross bias which in turn has caused the petitioner herein grave prejudice vide which sanction was granted. Inter alia it was sought to be contended on behalf of the petitioner that the sanction accorded by Sh. R.K.Srivastava was not given by the competent authority in as much as the same was given by Sh. R.K.Srivastava, in the capacity of the then Secretary of the Department for the Welfare of SC/ST/OBC/Minority and he was not in a position to ascertain as to whether any actual misconduct had been committed by the petitioner or not whilst the petitioner was employed as the LDC in the office of the Registrar of Co-operative Societies, New Delhi.

(3.) The proceedings before the learned Trial Court, during the course of submissions that have been made on 23.5.2018, were at the stage of defence evidence and vide order dated 29.5.2018 of this Court, the pronouncement of judgment by the learned Trial Court in FIR No. RC12 (S)/2006/SCR-III, New Delhi against the petitioner herein has been stayed.