Observing that public servants accused of corruption cannot take advantage if the sanction order for their prosecution granted by the State government does not conform to its Transaction of Business Rules, the High Court of Karnataka upheld the sanction order approved by the Minister concerned to prosecute an officer of the Department of Electrical Inspectorate.
Justice Sreenivas Harish Kumar passed the order while dismissing a petition filed by Theethira N. Appachu, who is presently working as Deputy Chief Electrical Inspector. The petitioner had challenged rejection of his plea for discharge from a corruption case by a Special Court. The petitioner had claimed that the sanction order granted by the government was illegal as it was approved by the Minister concerned though only the State Cabinet has the authority to approve sanction for prosecution of the officers belonging to Group-A rank.
While examining the competency of an authority to accord sanction, the Court said it is enough if the sanction conforms to Section 19(1 (b) of the Prevention of Corruption Act.
“... It is an internal arrangement within the government to decide whether the sanction should be accorded by the Departmental Minister concerned or the Cabinet of the government in accordance with the Business Rules and the prosecution agency has nothing to do with it,” the court held.
The court also said that “if procedure prescribed under the Business Rules are not followed within the governmental set up, it is only an irregularity for which the prosecution agency is not responsible.”