MUKESH KUMAR CHAKHAIYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the order contained in memo No. 3290 Patna dated 27.9.2007 by which the Secretary, Personnel and Administrative Reforms, Govt. of Bihar in exercise of its power under Section 197 Cr.P.C. and Section 19(2) of the Prevention of Corruption Act has accorded sanction for prosecution of the petitioner under Sections 409, 467, 468, 471, 472, 420, 120(B) of the Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 in connection with Gardanibagh P.S. Case No. 595 of 1996.

(2.) Learned Counsel for the petitioner assails the impugned order on two grounds; firstly the criminal prosecution would not continue against the accused if he is absolved in the departmental proceeding on similar charges. Secondly the sanction order contained in Annexure-4 had made no detail discussions of evidence justifying its satisfaction. In support of his first contention, he relied upon a decision of the Hon'ble Apex Court in the case of P.S. Rajya v. State of Bihar, 1996 9 SCC 1 In the aforesaid case the Hon'ble Apex Court held that criminal prosecution on identical charge should not continue if he has been acquitted of the same charges in departmental proceedings. The Apex Court further observed therein that standard of proof required to establish the guilt in a criminal case is far higher than the standard of proof required to establish the guilt in the departmental proceedings.

(3.) Counsel for the State submits that charges are not identical and the period is also different. He submits that there is no prohibition that once a person is absolved in the departmental proceeding he cannot be tried in the criminal offence. In support of his contention, he relied upon a decision of the Hon'ble Apex Court in the case of Superintendent of Police (C.B.I.) v. Deepak Chowdhary, 1996 CrLJ 405