(1.) The Division Bench after hearing the aforesaid matter, delivered two different opinions on the question of requirement of sanction under Section 197 of Criminal Procedure Code, 1973 (in short 'the Cr. P. C. '), and has referred the questions to be answered by the Full Bench. The basic issue relates to the requirement of sanction by the State Government under Section 197, Cr. P. C. for prosecuting a serving public servant under the provisions of Prevention of Corruption Act, 1988 (in short 'the Act of 1988') as well as the Indian Penal Code, when sanction under Section 19 of the Act of 1988 has been granted by the Central Government. Whether in such case, a further sanction under Section 197, Cr. P. C. will also be necessary, and if so, the effect of the absence thereof.
(2.) IN order to appreciate the issues arising in the case, it is necessary to examine the facts of the case upon which the issues have arisen.
(3.) FOR brevity the order of the Hon'ble Supreme Court is quoted as under : "in pursuance to the order dated January 6, 1998, an affidavit of Shri Sudhir Kumar, Secretary (Appointment), Government of U. P. has been filed on behalf of the State of U. P. wherein the course of the action which the State Govt. proposes to adopt with regard to the report of the Inquiry Commission has been indicated. It has been stated that the State Govt. proposes to initiate disciplinary proceedings against respondent No. 7 and to have the charges about which the Commission has expressed its inability to give specific recommendation for want of further investigation to be inquired into by the Vigilance Department of the State. Having regard to the seriousness of the allegations that have been made in the matter of irregularities in the matter of allotment as well as conversion of plots in NOIDA we are of the opinion that it would be appropriate that the matter is investigated by the Central Bureau of Investigation (CBI) and if such investigation discloses commission of a criminal offence the persons found responsible should be prosecuted in a criminal Court. FOR the time being, we are directing the CBI to conduct an investigation in respect of the irregularities in the matter of allotments and conversions of the plots to which reference has been made in the letters of the Director (CBI) dated December 6, 1995 and December 16, 1996 (at pages 115 and 116 of the paper book) and the self-contained note appended to the letter dated December 16, 1996. Shri G. L. Sanghi, the learned senior counsel appearing for respondent No. 7 states that though the respondent No. 7 does not admit that she has committed any irregularity in the matter of allotment or conversion of plots in NOIDA but according to respondent No. 7 there are other persons who might have committed such irregularity and he seeks leave to file an affidavit in this regard. He may file an affidavit giving particulars of such irregular allotments and in the event of such affidavit being filed further directions in that regard will be given. As regards the irregular allotment and conversion of plots that which have been found to have been made in the report of the Inquiry Commission, we are of the view that it is necessary that action should be taken for cancellation of such allotments and conversions. Shri Rajeev Dhawan, prays for two weeks time to file a list of persons who have been fitted by such irregular allotments/conversions. He may do so within two weeks. As regards the plots which have been irregularly allotted or converted as mentioned in the report of the Inquiry Commission, it is directed that the allottees as well as the persons in possession thereof shall maintain status quo as it exists today with regard to possession and constructions over the same and that they shall not alienate or create any third party rights in these properties. Respondent No. 1 is directed to ensure compliance of these directions. It is, however, made clear that while passing these directions we are not expressing any view of the validity of the allotment or conversion of the said plots. The learned counsel for the State of U. P. undertakes to supply a copy of the report of Inquiry Commission to the learned counsel for respondent No. 1 and the learned counsel for the CBI. " (Emphasis added)
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