![[UP Memorials Scam] Allahabad HC Refuses To Quash Sanction For Prosecution Against Assistant Engineer During Procurement Of Pink Sandstone During BSP Rule [Read Judgment]](/static/images/error.jpg)
[UP Memorials Scam] Allahabad HC Refuses To Quash Sanction For Prosecution Against Assistant Engineer During Procurement Of Pink Sandstone During BSP Rule [Read Judgment]
Live LawThe Allahabad High Court on Thursday refused to quash the sanction for prosecution granted against the Assistant Civil Engineers, for alleged corruption during procurement of pink sandstones for construction of memorials and parks in Lucknow and NOIDA. The bench comprised by Justice Anil Kumar and Justice Manish Mathur observed, "If on facts, it is prima facie found that the act or omission for which the accused was charged had reasonable connection with discharge of his duty then it must be held to be official to which applicability of Section 197 of the Code cannot be disputed." "We dispose of the writ petition with a direction that the Investigating Agency shall conduct the investigation in pursuance to the order dated 31.08.2019 by which sanction has been granted for prosecution against the petitioners as per procedure prescribed for the said purpose under law and thereafter shall file a police report before the competent Court/Court of Magistrate," the court ordered. Reliance was placed on Devinder Singh and others v. State of Punjab through CBI, 12 SCC 87, whereby the Top Court had clarified that the protection under sanction has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty. The section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty," the court reiterated.
Discover Related