Case Note & Summary
The petitioner, Vijay Kumar G. Sulakhe, was serving as Commissioner of Gadag-Betgeri Urban Development Authority. He was accused of irregularities in the allotment of sites and construction of a commercial complex. The Karnataka Lokayukta, on a complaint, ordered a preliminary enquiry and investigation against him. The petitioner challenged this order before the Karnataka Administrative Tribunal, which dismissed his application. Aggrieved, he filed writ petitions before the High Court. The High Court examined whether the Lokayukta could order investigation without prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, 1988. The court noted that the allegations did not disclose any offence under the PC Act, and the Lokayukta's order was without jurisdiction. The court held that the requirement of sanction is mandatory and cannot be circumvented by ordering a preliminary enquiry. The court quashed the Lokayukta's order and allowed the applications before the Tribunal.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Requirement of Sanction - The court held that no court can take cognizance of an offence alleged to have been committed by a public servant in discharge of official duties without prior sanction from the competent authority. The Lokayukta's order directing investigation without such sanction was held to be illegal and without jurisdiction. (Paras 10-15) B) Prevention of Corruption Act, 1988 - Sanction for Investigation - Section 19 - Applicability - The court held that Section 19 of the PC Act mandates prior sanction for investigation against a public servant for offences under the PC Act. Since the allegations in the complaint did not disclose any offence under the PC Act, the Lokayukta could not have ordered investigation under the PC Act without sanction. (Paras 16-20) C) Karnataka Lokayukta Act, 1984 - Powers of Lokayukta - Preliminary Enquiry - The court held that the Lokayukta's power to order a preliminary enquiry under the Karnataka Lokayukta Act is subject to the limitations under the CrPC and PC Act. The Lokayukta cannot bypass the requirement of sanction by ordering a preliminary enquiry when the allegations do not fall within its jurisdiction. (Paras 21-25)
Issue of Consideration
Whether the Karnataka Lokayukta can order a preliminary enquiry and investigation against a public servant without prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, 1988, and whether such investigation is valid when the alleged offences are not under the Prevention of Corruption Act.
Final Decision
The High Court allowed the writ petitions, quashed the order of the Karnataka Administrative Tribunal dated 26.06.2018, and allowed the applications filed by the petitioner before the Tribunal. The Lokayukta's order directing preliminary enquiry and investigation was set aside.
Law Points
- Sanction for prosecution
- Section 197 CrPC
- Section 19 Prevention of Corruption Act
- 1988
- Karnataka Lokayukta Act
- 1984
- Preliminary enquiry
- Cognizance of offence
- Public servant
- Investigation without sanction
