CHATTER SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Crl. Revision Nos. 1520 and 1786 of 2010 titled as Chatter Singh vs. State of Haryana and Yudhbir Singh and another vs. State of Haryana.

(2.) The petitioners were members of the Haryana Public Service Commission and FIR had been registered under Sections 420, 467, 468, 471, 120-B read with Section 13(1)(d) and Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'the Act') against them and some others. Challan has been presented. Two revisions have been filed assailing the order dated 06.05.2010 vide which the Additional Sessions Judge, Panchkula framed the charges against the petitioners and the beneficiaries (candidates). It would be necessary to briefly refer to the allegations.

(3.) The matter was investigated and challan was presented and charge was framed. The petitioners approached this Court and their main grievance was that the Court could not take cognizance of an offence punishable under Sections 7 or 13 of the Act without previous sanction of the Central Government. The contention is that petitioners being the members of the Public Service Commission could be removed by the President of India on the recommendation of the Supreme Court of India and according to Section 19(1)(c) of the Act, the Competent Authority who could accord sanction for prosecution, was the President of India whereas the sanction had been obtained from the Governor of the State who was not competent to grant sanction. The third question which was raised is whether in the absence of any sanction of prosecution granted by the Competent Authority i.e. the President of India, could it be termed as the error which had resulted in "failure of justice". An application for interim stay had been filed by the petitioners seeking in Criminal Revision No. 1520 of 2014. While disposing of the petition, a Coordinate Bench vide its order dated 25.09.2010 had passed a detailed order and the concluding paragraph reads as under:-