Karnataka HC quashes proceedings for want of sanction against three IAS officers

BENGALURU: The Karnataka High Court quashed criminal proceedings initiated under the Prevention of Corruption Act and IPC against three IAS officers, including two retired officials, on a private complaint registered against them over alleged mismanagement of funds allotted to rural water supply and sanitation, for want of prior sanction.

At the time, they were serving as principal secretaries in the Rural Development and Panchayat Raj (RDPR) department.

The court, however, said the issue of sanction was kept open to proceed further against them. Among the three IAS officers, Amita Prasad and TM Vijaya Bhaskar have retired from service, and Dr EV Ramana Reddy is serving as additional chief secretary, RDPR.

The officers, who served as principal secretaries of RDPR between 2011 and 2015, moved the high court, questioning proceedings initiated before the Lokayukta special court, based on the private complaint filed by one S Narayanswamy from Kolar district.

Justice M Nagaprasanna quashed the proceedings while allowing the petition filed by the three officers. Prosecution against the petitioners cannot continue for want of sanction. However, the issue of sanction is kept open to proceed further, the judge said.

“It is an admitted fact that there is no sanction in the case before the special court for it to take cognisance of the offence. On this ground alone, the order taking cognisance and directing the enquiry to be conducted would tumble,” the court noted.

The court said the offences are an amalgam of the Prevention of Corruption Act and IPC. The submission of the complainant’s counsel that the offences committed by the petitioners, which are alleged misappropriation, forgery or falsification of documents, would not require sanction, as they are not done in the discharge of official duty, is rejected owing to its fundamental flaw.

Based on the report submitted to the government alleging mismanagement of funds by officials in the department, an audit was conducted. The audit report indicated that P Bore Gowda and Ramakrishna were responsible for mismanagement of funds, and alleged loss to the government. A crime was registered.
During the pendency of this crime and consideration of the ‘B’ report, the complainant approached the then Anti Corruption Bureau (ACB) on the same crime. On November 11, 2021, the magistrate took cognisance of the offences and directed investigation of the crime. Three crimes were registered on the same facts. In none of the crimes, the petitioners were arrayed as accused.