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2002 DIGILAW 1141 (SC)

H. G. Ramesh v. High Court of Karnataka

2002-09-13

ARIJIT PASAYAT, B.N.KIRPAL, K.G.BALAKRISHNAN

body2002
ORDER : Special leave granted. After hearing the Counsel for the parties, in view of the observations of this Court in the decision reported in 2001(3) SCC 54 (In the matter of ‘K’, a Judicial Officer), this appeal is allowed and the directions contained in paras 15 and 16 of the impugned order against the appellant are set aside. NOTE : Para 15 and 16 of the impugned order reported in ILR KAR 2002 at page No. 553 (H. Nagara v. State of Karnataka are as below:- 15. In view of the facts and law discussed above, I do not find any merit in the contention that the sanction order granted by the Chief Engineer (Electrical General) is bad in law and that accused is entitled to be discharged on that account. Although the order of the Special Judge in rejecting the request for discharge is to be affirmed, however I find the Special Judge has committed grave judicial impropriety amounting to contempt in not following the ratio in Cri. A. 826/96. Although he specifically refers to said decision in para 8 however makes out patently illusory and artificial reasons in the following words for not following the ratio. “It is also held therein that the sanction order has not been issued by the Board under signature of its Members to prosecute the accused. Thus, in the case cited above, holding that there is no valid sanction to prosecute the accused and, prior to that, holding that the case against the accused is not proved beyond reasonable doubt about the demanding and accepting illegal gratification to do an official favour, the accused therein has been acquitted. But, in the instant case, the case is still at the threshold of commencement of trial and after framing charge the accused has moved this Court praying for discharge. In the case on hand, it is yet to be made out whether the accused is guilty of the offence alleged and it is to be examined whether there is valid sanction or not.” The entire reading of the reasons given by the Special Judge in para 8 is totally unconvincing and cannot justify his conduct of overlooking the ratio of this Court in Cri.P. 821.96. 16. A copy of this order and the copy of the order passed by the Special Judge in Spl. 16. A copy of this order and the copy of the order passed by the Special Judge in Spl. Case No. 43/95 be placed in the Confidential Report for consideration by the Administrative Judge. Therefore, for the reasons and discussions made above, the petition is dismissed.