Sri P Balakrishna vs Union Of India By Secreary on 2 February, 2022

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Karnataka High Court

Sri P Balakrishna vs Union Of India By Secreary on 2 February, 2022

Bench: Krishna S.Dixit

                            1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF FEBRUARY, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.6659 OF 2011 (GM-RES)

BETWEEN:

SRI P.BALAKRISHNA,
S/O LATE B.LINGAPPA,
AGED 56 YEARS,
RESIDING AT A.516, MAY FLOWER,
BRIGADE MILLENIUM,
J P NAGAR, 7TH PHASE,
BENGALURU - 78.
                                           ...PETITIONER
(BY SRI KIRAN S.JAWALI A/W
    SRI CHANDRASHEKARA K., ADVOCATE)

AND:

1.     UNION OF INDIA BY SECRETARY,
       DEPARTMENT OF BANKING AND
       INSURANCE, MINISTRY OF FINANCE,
       NORTH BLOCK, NEW DELHI.

2.     THE NEW INDIA ASSURANCE COMPANY LIMITED,
       REPRESENTED BY ITS CHAIRMAN CUM
       MANAGING DIRECTOR,
       NEW INDIA ASSURANCE BUILDING,
       NO.87, M.G.ROAD, FORT,
       MUMBAI 400 001.

3.     THE DEPUTY GENERAL MANAGER,
       NEW INDIA ASSURANCE COMPANY LIMITED,
       NEW INDIA ASSURANCE BUILDING
       NO.87, M G ROAD, FORT,
       MUMBAI 400 004.

4.     SUPERINTENDENT OF POLICE
       CENTRAL BUREAU OF INVESTIGATION
                               2

     BELLARY ROAD, BENGALURU.
                                        ...RESPONDENTS
(BY SRI.H.SHANTHI BHUSHAN, ASG FOR R1;
    SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R2 AND R3;
    SRI P.PRASANNA KUMAR, ADVOCATE FOR R4)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
ORDER DATED 8.6.09 VIDE ANENX-A AS ILLEGAL AND VOID AB-
INITIO; GRANT AN INTERIM ORDER TO STAY THE OPERATION
OF THE ORDER DTD 8.6.09 VIDE ANEX-A OR ITS RELIANCE/
USAGE IN ANY PROCEEDINGS.

    THIS PETITION COMING ON FOR FINAL HEARING,
THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT
MADE THE FOLLOWING:-
                           ORDER

Petitioner an employee of the second respondent- Insurance Company is knocking at the doors of Writ Court for assailing the order dated 8.6.2009, a copy whereof is at Annexure-A whereby sanction to prosecute him was accorded by the third respondent-Deputy General Manager for the offence punishable u/s 120B read with Sections 420, 468, 171 of Indian Penal Code and for the offence punishable u/s 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988; after service of notice, the respondents having entered appearance through their panel advocates, oppose the Writ Petition making submission in justification of the impugned order and the reasons on which it has been structured.

2. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant indulgence in the matter inasmuch as the identical question of law in almost identical set of facts, the Apex Court has answered in favour of the litigant and quashed a similar order after considering the General Insurance (Conduct, Discipline and Appeal) Rules, 1975; this was in Crl.A.Nos.1872-1873/2014 between State of Karnataka, CBI, ACB, Bangalore Vs. K.T.Uthappa and another, decided on 3.11.2015; learned Sr. Advocate Mr.Kiran Javali appearing for the petitioner has placed a typed copy of this judgment and the same is acted upon on his assurance that, it is the true & correct copy of the judgment.

In the above circumstances, this Writ Petition succeeds; a Writ of Certiorari issues quashing the impugned order of sanction; consequences ensue accordingly.

Costs made easy.

Sd/-

JUDGE cbc

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