T. PRABHAKARA RAO Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner challenges the G.O.Ms.No.21 Home (SC.B) Law and Justice, Department, dtd. 28/1/2013 and Memo No.190/SC.B/A2/2006-4, dtd. 5/3/2012 as illegal, arbitrary and un-constitutional.

(2.) The petitioner while working as Junior Assistant/Bench Clerk of I Additional Chief Metropolitan Magistrate Court, Vijayawada was involved in a Trap Case conducted by the Anti Corruption Bureau, Vijayawada (herein after be referred as 'ACB') on 4/2/2006. It is stated that, one Shaik Mahaboob Shareef, the defacto-complainant therein was involved in a criminal case CC.No.1396 of 2002 and that the same ended in acquittal on 6/12/2005. It is also stated that the defacto- complainant met the bench clerk by name Subba rao on 7/1/2006 and requested for issuance of the copy of the Judgment. It is the case of the defacto-complainant that the said Subba rao demanded an amount of Rs.200.00for issuance of the certified copy of the Judgment. The ACB, Vijayawada conducted the trap operation on 4/2/2006 and the ACB recovered the tainted amount from the said writ petitioner.

(3.) Crime No.07 of 2006 was registered under Sec. 7 of the Prevention of Corruption Act, however, the sanctioning authority declined the sanction for prosecution, however, referred the same to the Tribunal for disciplinary proceedings for enquiry and submission of the report.