Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged the order dated 23-08-2017, passed by the trial court which on deciding his discharge application in his favour held that the sanction to prosecution granted by the Commission of Transport is invalid and non-est and returned the entire charge sheet papers to the Investigating Agency with a liberty to file a charge sheet afresh after obtaining necessary sanction from the Competent Authority. Then it said, “In the case on hand also it has to be noted that the accused was trapped and a conversation was recorded and in this regard, FSL report is also collected and demand also made and received alleged bribe of Rs.15,000, through accused No.2.” It added, “Sanction was granted having considered the material available on record regarding demand and acceptance of the alleged bribery.” The Court rejected the petition filed by Manjunath holding that when there is evidence of the demand and acceptance of a bribe and when criminal misconduct has been alleged against a Government employee who is discharging the duty as a public servant, it needed to go to trial since exonerating him in Departmental Enquiry will not affect the same. Citation No: 2024 Live Law 339 Case Title: State By Karnataka Lokayuktha Police AND T Manjunath & ANR Case No: CRIMINAL REVISION PETITION NO.422/2018 C/W CRIMINAL REVISION PETITION NO.599/2018

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