Madhya Pradesh High Court
Special Police Establishment ... vs M.P. Bhoj (Open University) on 12 February, 2018
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.13679/2015
23
Jabalpur, Dated : 12.02.2018
Shri Pankaj Dubey, counsel for the petitioner/
Lokayukt.
Shri Ankit Saxena, counsel for respondent nos.1 and
3. This petition is directed against the order dated 23.12.2014 passed by the Registrar, M.P. Bhoj (Open University), Bhopal; whereby the sanction to prosecute Anil Bhargava, Computer Operator and In-Charge Deputy Regional Manager, Bhoj University has been refused.
One Rashmi Solanki appeared in B.Sc. Part-III examination conducted by the Raja Bhoj (Open) University. Her original marksheet was not handed-over to her, therefore, she requested her cousin Pukhraj Singh Pawar to obtain the original marksheet. Pukhraj met Mr. Anil Bhargava in connection with supply of original marksheet and it is alleged that he demanded Rs.700/- as illegal gratification. A complaint was, therefore, made to the Lakayukt. Trap was laid and Anil Bhargava was caught red-handed on 21.5.2014. After completing the investigation a complete set of documents along with Prativedan was sent to the Registrar to accord sanction for prosecution.
The Registrar, Open University by the impugned communication refused to grant sanction considering the pros and cons of the material available in the University.
It seems that the Registrar had not looked into the set of documents collected during investigation, perusal whereof clearly shows that Anil Bhargava was caught red- handed in presence of independent witnesses with Rs.700/- and original marksheet was also recovered from the possession of Anil Bhargava.
The law regarding grant of sanction is well settled. Grant of sanction is an administrative act, the purpose of which is not to protect the corrupt. The Supreme Court has gone even to the extent of saying that Principles of natural justice or giving an opportunity to the public servant at this stage, does not arise. The sanctioning authority has only to see whether facts of case prima facie constitute the offence. See: Dr. Subramanian Swamy Vs. Dr. Manmohan Singh and Anr., AIR 2012 SC 1185. This is in conformity with law, as laid down by the Supreme Court in State of Bihar and another Vs. Shri P.P.Sharma and another, AIR 1991 SC 1260. Reference may be made to the decision of the Supreme Court in Superintendent of Police (C.B.I.) Vs. Deepak Chowdhary and others, AIR 1996 SC 186.
In view of this, we are unable to sustain the impugned order of refusal of sanction for prosecution. The same is hereby set aside and the matter is remanded back to the Registrar to apply a fresh mind and pass an order of sanction for prosecution after considering the relevant material.
Writ Petition is accordingly disposed of. No order as to costs.
(S.K.SETH) (ANURAG SHRIVASTAVA)
JUDGE JUDGE
Digitally signed by TRUPTI
GUNJAL
Date: 2018.02.12 16:10:40
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