SABAJI SHETYE Vs. STATE OF GOA

JUDGEMENT

(1.) This criminal revision application under Sec. 397 of the Code of Criminal Procedure, 1973 ('Cr PC' for short) takes exception to the order dtd. 11/1/2023 passed by the Special Judge, North Goa at Panaji in SPCC No.1/2023. The facts in brief are as under.

(2.) The applicant was working at the relevant time with the Government of Goa being member of the Goa Civil Services. In the year 2016, the applicant was posted as Additional Collector at Panaji. In respect of processing 4 applications for the purpose of obtaining NOC for storage of explosives under the provisions of Explosive Act, it was alleged that the applicant demanded various amounts. There were as many as 3 traps laid which failed. On 6/6/2017, the 4th trap was laid. On the basis of the aforesaid trap, the applicant was arrested. The Anti-Corruption Branch, Department of Vigilance, submitted an application dtd. 21/6/2018 to the Chief Secretary for grant of sanction against the applicant for prosecution under the provisions of Prevention of Corruption Act,1988 (hereinafter referred to as 'the P.C. Act', for short). The Chief Secretary granted sanction vide order dtd. 7/11/2018.

(3.) When the purported sanction was granted by the Chief Secretary, there was neither a draft chargesheet nor any evidence placed before the Chief Secretary. It was noticed by the Government that the sanction was granted by the then Chief Secretary in the absence of any draft charge-sheet and without the entire materials being produced. The Government, therefore, decided that the file should be placed before the Competent Authority for obtaining proper sanction. Accordingly, the Anti-Corruption Branch submitted a proposal dtd. 1/12/2021 before the Chief Secretary for grant of sanction. Along with the said request the entire draft charge-sheet, documents and all the materials were sent to the Chief Secretary. The Chief Secretary thereafter sent the said file for obtaining the sanction from the competent authority namely the Minister for Personnel, who in the present case also happens to be the Chief Minister of the State. The Competent Authority by a detailed and reasoned order dtd. 7/1/2022 refused to grant sanction.