Bengaluru, Sept 14:The Karnataka High Court has quashed criminal proceedings against three IAS officers including two retired officials for a lack of sanction.
Among the three IAS officers, former chief secretary TM Vijaya Bhaskar, and former additional chief secretary Amita Prasad have retired from service, and Dr EV Ramana Reddy is serving as additional chief secretary, RDPR.
A private complaint was made against them by Narayanaswamy, an RTI activist over alleged large scale misappropriation of funds allotted for the purpose of Karnataka Rural Water Supply and Sanitation Agency during 2012-13. The case was registered under various sections of IPC and also under Prevention of Corruption Act. On January 13, 2022, the special court took cognisance and on April 18, 2022 a direction was issued to ACB to conduct probe and submit a report.
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.
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.
The petitioners had claimed they being public servants at the relevant time, it was mandatory to obtain sanction to prosecute under Section 197 of CrPC and Section 19 of the PC Act. They contended that in the present case, the special judge had proceeded to take cognisance though there was no sanction as mandated in law. They argued then commissioner, rural drinking water and sanitation department, had submitted a report to the government with reference to the allegations, and in the said report, it was stated that there was no misuse of funds by the officials of the department.
