D.S. RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in both the writ petitions, were the employees of the Kerala Water Authority. On allegation of corruption, Crime No. 2/2012 was registered for offences punishable under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 and Sec. 120-B of the Indian Penal Code. After investigation, Final Report was laid. Sanction was sought under the Prevention of Corruption Act by issuing Ext.P2 request of the Deputy Superintendent of Police, Vigilance and Anti- Corruption Bureau, Southern Range, Thiruvananthapuram. Accordingly, Water Authority conducted a joint inspection and by Ext.P3 in W.P. (Crl.) No. 510/2021, sanction was refused.

(2.) Vigilance had also addressed the Government for appropriate sanction. In fact, by virtue of Ext.P5 in W.P.(Crl.) No. 510/2021 issued by the Government, sanction was granted by the Government to prosecute the petitioners and all the accused. This is under challenge in the present proceedings.

(3.) The specific contention of the petitioners is that the person who is to grant the sanction is the Kerala Water Authority, which has virtually considered that request for sanction and by Ext.P3 proceedings in W.P.(Crl.) No. 510/2021, sanction was declined. It is also seen that on the other hand, Government had granted sanction.