Case Note & Summary
The petitioner, Vijay Kumar G. Sulakhe, was serving as Commissioner of Gadag-Betgeri Urban Development Authority. The Karnataka Lokayukta, through the Upalokayukta-1, issued an order dated 26.06.2018 directing an investigation against the petitioner for alleged corruption. The petitioner challenged this order before the Karnataka Administrative Tribunal (KAT) in Application Nos. 5018/2018, 5019/2018, and 5020/2018, but the Tribunal dismissed the applications. Aggrieved, the petitioner filed three writ petitions before the High Court of Karnataka, Dharwad Bench, seeking to quash the Lokayukta's order and allow the applications. The core legal issue was whether the Lokayukta could order an investigation without prior sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC) and Section 19 of the Prevention of Corruption Act, 1988 (PC Act). The petitioner argued that as a public servant, no investigation could be initiated without such sanction, and that the order was biased. The respondents contended that the Lokayukta Act empowered the authority to investigate and that sanction was not required at the investigation stage. The High Court analyzed the provisions of Section 197 CrPC and Section 19 PC Act, which mandate previous sanction for taking cognizance of offences against public servants. The court held that the Lokayukta's order directing investigation without sanction was illegal and without jurisdiction. The court allowed the writ petitions, quashed the Lokayukta's order dated 26.06.2018, and allowed the applications before the Tribunal. The court did not decide on the bias allegation as the petition was allowed on the sanction ground.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Prevention of Corruption Act, 1988 - Section 19 - Mandatory Sanction - The court held that no court can take cognizance of an offence alleged to have been committed by a public servant except with previous sanction under Section 197 CrPC and Section 19 of PC Act. The Lokayukta's order directing investigation without such sanction is illegal and void. (Paras 10-15) B) Karnataka Lokayukta Act, 1984 - Investigation - Validity - The Lokayukta's power to investigate under the Act must be exercised in conformity with the CrPC and PC Act. An order of investigation without sanction under Section 197 CrPC and Section 19 of PC Act is without jurisdiction. (Paras 10-15) C) Administrative Law - Natural Justice - Bias - The petitioner alleged bias by the Upalokayukta, but the court did not decide on that ground as the petition was allowed on the sanction issue. (Para 16)
Issue of Consideration
Whether the Karnataka Lokayukta can order an investigation against a public servant without prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, 1988.
Final Decision
The High Court allowed the writ petitions, quashed the order dated 26.06.2018 passed by the Karnataka Lokayukta, and allowed the applications filed by the petitioner before the Karnataka Administrative Tribunal.
Law Points
- Sanction for prosecution under Section 197 CrPC and Section 19 of Prevention of Corruption Act is mandatory for public servants
- order of investigation without sanction is illegal
- Karnataka Lokayukta Act provisions must be read with CrPC and PC Act
