HC upholds govt’s denial to prosecute inspector

Times News Network

Bengaluru: The government needs to check the entire material before it while considering granting sanction to prosecute any official, the high court said.Rejecting the petition filed by

Lokayukta

police, Justice M Nagaprasanna said the government declined to grant sanction to prosecute G Krishnamurthy, a police inspector attached with the state intelligence, not once or twice but thrice. The judge said the sanction was refused on the ground that several files and documents placed for scrutiny were false. “It is not an acrimonious exercise but a solemn or sacrosanct act, which gives protection to a government servant or releases him to face prosecution. It is the discretion of the competent authority either to accord or refuse sanction,” the judge noted in his order, while citing various Supreme Court judgments. The judge negated the petitioner’s argument that it is an aggrieved party and hence its writ petition is maintainable.Lokayukta police had challenged the January 28, 2017 and May 31, 2017 orders passed by the

department of personnel

and administrative reforms secretary, who had turned down the requisition to accord sanction against Krishnamurthy under Section 19 of PC Act in a disproportionate assets case. Lokayukta police maintained that the competent authority, while declining to give sanction, had looked into the entire material of investigation, which is impermissible in law.
Stay updated with the latest news on Times of India. Don't miss daily games like Crossword, Sudoku, and Mini Crossword.