Court Directs Government to Approve FIR Registration Against Public Servant Over Alleged Misuse of Funds
In a significant ruling, the Karnataka High Court has directed the state government to grant approval for the registration of a First Information Report (FIR) and to conduct an investigation under Section 17A of the Prevention of Corruption Act, 1988. This directive comes despite the exoneration of the accused public servant in departmental proceedings.
The case centers around allegations of corruption involving the diversion of funds earmarked for the Swachh Bharat Mission in Mysore District. It was alleged that the funds were used to procure eco-friendly cloth bags at an inflated price, causing a financial loss to the state exchequer.
The petitioner, Sri Ravichandre Gowda N.R., a lawyer and social activist, initially filed a complaint with the Anti-Corruption Bureau (ACB) of Mysore, alleging that the purchase of cloth bags at Rs. 52 each, when they were available in the market for Rs. 13, led to a loss of Rs. 7.55 crore. The complaint was supported by prima facie evidence, prompting the ACB to seek approval from the government for an investigation.
Despite the exoneration of the Deputy Commissioner involved in the procurement in departmental proceedings, the High Court emphasized that such exoneration does not preclude the initiation of a criminal investigation. The court underscored that departmental and criminal proceedings operate in distinct spheres with separate standards of proof and objectives.
Justice M. Nagaprasanna, who presided over the case, remarked that the statutory provision in Section 17A is designed to shield honest public servants from vexatious prosecution but is not intended to serve as a protective barrier against credible allegations of corruption. The judgment underlined the importance of investigating and prosecuting corruption to maintain public trust and ensure the integrity of governance.
The court criticized the government's earlier refusal to approve the investigation, describing it as a mechanical exercise devoid of substantive reasoning. It further noted that remanding the matter back for reconsideration would be futile, given the government's repeated failure to engage meaningfully with the allegations.
The High Court's directive mandates the government to grant the necessary approval for the investigation within four weeks, ensuring that the process is conducted in accordance with the law.
This ruling reinforces the judiciary's stance on combating corruption and highlights the independence of criminal proceedings from departmental findings, thereby setting a precedent for future cases involving public servants.
Bottom Line:
Section 17A of the Prevention of Corruption Act, 1988 does not shield public servants from scrutiny under allegations of corruption, even if they are exonerated in departmental proceedings. Approval for investigation cannot be denied on the basis of departmental exoneration.
Statutory provision(s): Prevention of Corruption Act, 1988 - Section 17A
Sri Ravichandre Gowda N.R. v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2876036
