Case Note & Summary
The petitioner, a former Block Development Officer, was accused of misappropriating Rs.11,47,360/- during 2004-2005. An FIR was registered under Section 409 IPC read with Rule 23 of the Karnataka Transparency in Public Procurements Act, 1999. The petitioner filed a petition under Section 482 Cr.P.C. seeking quashing of the FIR and proceedings on the ground that the prosecution was barred under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958, which require prior sanction before prosecuting a government servant for acts done in discharge of official duties. The court held that the alleged acts were performed in the course of official duties and no sanction was obtained. Consequently, the prosecution was barred and the FIR and proceedings were quashed.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 Cr.P.C. - Bar under Service Rules - Criminal prosecution for alleged misappropriation of Rs.11,47,360/- during 2004-2005 was instituted without prior sanction as required under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958 - Held that the prosecution is barred and proceedings are liable to be quashed (Paras 2-4).
Issue of Consideration
Whether criminal prosecution instituted against the petitioner is barred under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958?
Final Decision
The court allowed the petition and quashed the FIR in Crime No.145/2015 and all proceedings in Case No.Cr.No.145/2015 pending before the Prl. Civil Judge (Sr. Dn) and CJM court at Kolar.
Law Points
- Criminal prosecution of government servant is barred without prior sanction under Rule 214(3) and (6) of Karnataka Civil Services Rules
- 1958
- Rule 214(3) and (6) of Karnataka Civil Services Rules
- Section 482 Cr.P.C.
- Section 409 IPC
- Rule 23 of Karnataka Transparency in Public Procurements Act
- 1999
Case Details
2019 LawText (KAR) (08) 15
Criminal Petition No. 486 of 2016
Smt. Shwetha Anand for petitioner, Sri. Vijayakumar Majage for respondents
The State of Karnataka and Jagadish Gangannavar
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of FIR and proceedings.
Remedy Sought
Quashing of FIR in Crime No.145/2015 and proceedings in Case No.Cr.No.145/2015 pending before the Prl. Civil Judge (Sr. Dn) and CJM court at Kolar.
Filing Reason
Petitioner alleged that criminal prosecution was barred under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958 as no prior sanction was obtained.
Issues
Whether criminal prosecution instituted against the petitioner is barred under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958?
Submissions/Arguments
Petitioner argued that the alleged acts were done in discharge of official duties and no sanction was obtained under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958, hence prosecution is barred.
Respondents argued that the acts were not in discharge of official duties and sanction was not required.
Ratio Decidendi
Criminal prosecution of a government servant for acts done in the discharge of official duties is barred under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958 if prior sanction is not obtained. The alleged misappropriation occurred during the course of official duties, and therefore the prosecution without sanction is not maintainable.
Judgment Excerpts
The only question that falls for consideration in this petition is whether criminal prosecution instituted against the petitioner is barred under Rule 214(3) and (6) of the Karnataka Civil Services Rules, 1958 ?
The undisputed facts are that the petitioner herein was working as Block Development Officer in Kolar District along with other officers at the relevant time during the year 2004-2005.
Procedural History
FIR registered in Crime No.145/2015 for offences under Section 409 IPC r/w Rule 23 of Karnataka Transparency in Public Procurements Act, 1999. Petitioner filed Criminal Petition No.486/2016 under Section 482 Cr.P.C. seeking quashing. The High Court allowed the petition and quashed the FIR and proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Indian Penal Code, 1860 (IPC): 409
- Karnataka Transparency in Public Procurements Act, 1999: Rule 23
- Karnataka Civil Services Rules, 1958: Rule 214(3), Rule 214(6)
