SUBHASH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On being lodged a criminal case against him for the offences punishable under Sections 7, 13(1) (d)/13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988") the petitioner, a Sub-Inspector in Rajasthan Police, was placed under suspension by an order dated 1.4.2008.

(2.) The issue with regard to grant of sanction for prosecution of the petitioner for the offences punishable under the Act of 1988 was then considered by the Inspector General of Police, Ajmer Range, Ajmer (competent authority). By a communication dated 1.10.2010 the competent authority communicated to the Principal Secretary to the Government of Rajasthan, Department of Home Affairs, that no adequate evidence was available on record for grant of sanction. The matter then was reconsidered and the authority competent under an order dated 2.7.2012 granted sanction for prosecution of the petitioner for the offence punishable under Section 7 of the Act of 1988 read with 120-B Indian Penal Code. Being aggrieved by the sanction accorded for prosecution and continuation of the petitioner under suspension, this petition for writ is preferred.

(3.) The submission of counsel for the petitioner is that a conscious decision was taken by the competent authority under the communication dated 1.10.2010 for not granting sanction to prosecute the petitioner and that could have not been changed without having any fresh material on record. It is also submitted that as a matter of fact the competent authority changed its earlier decision without having any fresh material but by acting upon certain instructions given by the Chief Vigilance Commissioner and such ipse-dixit exercise of power without application of independent mind is not as per the spirit of the Act of 1988. It is urged that as a matter of fact the authority of the Inspector General of Police was abdicated by the Chief Vigilance Commissioner, and such abdication makes the order granting sanction bad in view of the judgment of this Court in Kishan Lal v. State of Rajasthan & Ors.,2009 3 WLC(Raj) 128. In the case aforesaid this Court held as under:-