SPECIAL POLICE ESTABLISHMENT Vs. STATE OF M P

JUDGEMENT

(1.) By this petition, under Articles 226 and 227 of the Constitution of India, the petitioner Special Police Establishment (for short "SPE") seeks writ of certiorari for order dated 28-10-2000 (Annexure P-4), passed by the Additional Secretary, Department of Law and Legal Affairs, Bhopal in relation to a case registered as Crime No. 146/98 at Bhopal Office of the Special Police Establishment (Lokayukt) for the offences punishable under Sections 120-B, 467,468, 471 read with Section 34 of the IPC and also under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, refusing sanction to prosecute public servants found involved therein and writ of mandamus requiring the respondent-State to reconsider and decide the matter of granting sanction, independently on the basis of relevant material placed on record.

(2.) The case was registered on 18-11-1998, upon a complaint regarding irregularities, illegalities and corruption allegedly committed in the process of selection of Shiksha Karmis Grade III in the Janpad Panchayat Jawa, Distt. Rewa. Its investigation revealed that :-

(3.) Investigation Report and the corresponding records were forwarded to Principal Secretary, Department of Law and Legal Affairs, Bhopal along with a letter of request for grant of sanction to prosecute all the six public servants under Section 19 (1) (b) and (c) of the Act in respect of the offences punishable under the Act and that under Section 197 of the Criminal Procedure Code to prosecute Babulal Tiwari, Subbanlal Shrivastava, and Balram Prasad Tiwari for the offences punishable under the Penal Code. However, for the reasons recorded in the order under challenge, the Additional Secretary in the Department declined to grant anyone of these sanctions.