Pat HC | Prevention of Corruption Act: Complaint against public servant requires prior sanction of the Competent Authority

Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceedings filed under the Prevention of Corruption Act, 1988 against a Panchayat Secretary, on the ground that the same lacked proper sanction of the competent authority.

Petitioner moved the Court under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of complaint case registered for offences under Sections 420 and 406 of the Penal Code, 1860 and Sections 13(2) and 13(1) (d) of PC Act. Petitioner, who at the relevant time was posted as Panchayat Secretary, was alleged to have committed irregularity in the purchase of solar panels.

Counsel for the petitioner Mr S. R. C. Pandey submitted that a complaint filed by a private person under PC Act against a public servant cannot proceed unless there is proper sanction by the competent authority. Petitioners, being Panchayat Secretary, were public servants under Section 2(c) of the Act, and were thus protected from prosecution without the previous sanction of the State Government in terms of Section 19(1)(b) of the Act.

Counsel for the respondent Mr Anjani Kumar agreed with the petitioner’s submission and submitted that both for preliminary enquiry as well as for lodging of FIR under the PC Act, prior sanction of the Competent Authority is required.

In view of the above, the instant application was allowed. [Rama Prasad Singh v. State of Bihar, 2019 SCC OnLine Pat 423, Order dated 29-03-2019]

One comment

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    Respected Sir,
    i sumant kumar gupta ( Advocate cum journalist) my opinion about PC Act is clear in bihar lok sikayet nivaren
    pranali is a stupid/ effect less system because suppose i lodge complaint against commissioner or adm or circle officer
    against irregularity of law ,against bribe in nawada ADM than is Lok sikayet Nivaran have power to take action of D.M LEVEL . so it is better to new portal open against lodge IAS level officer in which include judicial inquiry, vigilance, and commission appoint against officer .
    that in revenue authority whatever kermchari circle officer, dclr,ADM, D.M, COMMISSIONER, PRINCIPAL SECRETARY all are channel
    in which deliberately tempered of revenue record and party will suffer department to department all all court have broker to decide of case in fevour of who give huge amount of money so at least one portal under pc Act should be open against revenue officer and IAS RANK. SO that common people can be file complaint easily against corrupt officer. mobile no:9831374168

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