JAY DEO SHARMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, petitioner is challenging the resolution dated 09.07.2016 passed by the Executive Council of Dr. Hari Singh Gour Central University, Sagar (MP) granting sanction for prosecution of the petitioner under the Prevention of Corruption Act, 1988 and Sections 120-B read with Section 420 of IPC.

(2.) Facts in brief relating to sanction for prosecution to the said resolution are that at the relevant point of time, petitioner was posted and working as Head of the Department of Criminology and Forensic Science. A rolling advertisement was issued dated 30.10.2010 inviting applications for the posts of Professors, Associate Professors and Assistant Professors in various faculties including the Department of Criminology and Forensic Science. Petitioner was a member of Screening Committee for short-listing of eligible candidates. In the capacity of public servant, petitioner entered into criminal conspiracy with Smt. Vandana Vinayak for her selection on the post of Assistant Professor in the Department of Criminology and Forensic Science and had collided to shower undue favour on Smt. Vandana Vinayak though she does not possess the requisite qualification to be appointed on the said post.

(3.) A complaint was made and thereafter thorough investigation took place and it was revealed that as a member of the Screening Committee, petitioner dishonestly short-listed Smt. Vandana Vinayak for the post of Assistant Professor in the Department of Criminology and Forensic Science. It was also alleged that selection of Smt. Vandana Vinayak was completely against the mandatory guidelines of the University Grants Commission. On the basis of complaint made to the Superintendent of Police, C.B.I., A.C.B., Jabalpur, an F.I.R. was registered against the petitioner for offences punishable under Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988 and Section 120-B read with Section 420 of IPC.