VALLURI VENKATA KRISHNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The case of the petitioner is as follows:

(2.) The petitioner had filed the complaint against the 4th respondent on the ground that the 4th respondent sought a bribe of Rs.20,000.00 to see that no action was taken against the petitioner while he was working as the Chief Executive of large Size Cooperative Society, Pedapadu, West Godavari District. A trap is said to have been conducted against the 4th respondent, on the basis of the complaint given by the petitioner and Crime No.12/RCT-EWG/2014 dtd. 2/8/2014 was also registered under Sec. 7 of the Prevention of Corruption Act 1988. After the successful trap of the 4th respondent, further investigation was taken up and sanctioning prosecution of the 4th respondent was also sought. At that stage, the case which had been filed before the A.C.B Court at Vijayawada had been transferred to the A.C.B Court, Rajamahendravaram and G.O.Ms.No.9 Agriculture and Cooperation (VIG.II) Department, dtd. 1/2/2017 was issued, sanctioning prosecution of the 4th respondent under various provisions of the Prevention of Corruption Act, 1988. Thereafter, cognizance of the case was taken and numbered as C.C.No.116 of 2018.

(3.) It is further stated that even before sanction had been granted on 1/2/2017, the Vigilance Commissioner by his letter dtd. 24/6/2016 had informed the Special Chief Secretary to the Government that the matter had been reexamined, on account of various representations of the 4th respondent and an opinion had formed that the preponderance of evidence would not stand judicial scrutiny and therefore, it would be appropriate to initiate departmental proceedings, against the 4th respondent instead of prosecution.