Case Note & Summary
The petitioners, three public servants employed with the Pattana Panchayat, Jagalur, Davangere District, filed a writ petition before the High Court of Karnataka seeking a declaration that the inquiry and investigation conducted by the Karnataka Lokayukta pursuant to a complaint dated 20-04-2019 was null and void. The first petitioner was the Chief Officer during 2015-16, the second petitioner preceded her, and the third petitioner was a Junior Engineer. The complaint alleged irregularities in the execution of development works. The petitioners contended that the investigation was initiated without obtaining prior sanction from the competent authority as mandated by Section 17-A of the Prevention of Corruption Act, 1988, which was inserted by the Prevention of Corruption (Amendment) Act, 2018. They argued that the investigation was therefore illegal and contrary to the law laid down by the Supreme Court in Lalita Kumari v. State of UP. The respondents, represented by the Additional Director General of Police and Superintendent of Police of Karnataka Lokayukta, opposed the petition. The court, after hearing both sides, held that the investigation conducted without prior sanction under Section 17-A was indeed null and void. The court quashed the investigation and directed the respondents to act in accordance with law, specifically considering the report dated 24-06-2022 produced at Annexures E and E1. The judgment was pronounced on 17-03-2025.
Headnote
A) Criminal Law - Prevention of Corruption Act, 1988 - Section 17-A - Mandatory Prior Sanction - Investigation conducted without prior approval from the competent authority as required under Section 17-A of the Prevention of Corruption Act, 1988 is null and void - The court held that the Lokayukta's investigation against public servants without obtaining prior sanction is contrary to law and cannot be sustained (Paras 1-3).
Issue of Consideration
Whether the investigation conducted by the Karnataka Lokayukta pursuant to a complaint dated 20-04-2019 is null and void for want of prior sanction under Section 17-A of the Prevention of Corruption Act, 1988.
Final Decision
The court allowed the writ petition, declaring that all procedure/investigation/enquiry conducted by respondents pursuant to complaint dated 20-04-2019 is null and void and contrary to Section 17-A of Prevention of Corruption Act, 1988. Consequently, directed respondents to act and consider the report dated 24-06-2022 produced at Annexures E and E1.
Law Points
- Section 17-A of Prevention of Corruption Act
- 1988
- mandatory prior sanction
- null and void investigation
- Lalita Kumari v. State of UP
