Sanction for prosecution against corrupt: HC raps PSPCL

The HC asked the government-owned company to recover Rs 20,000 as compensatory cost from the salary or pension of the deputy chief engineer, who was the sanctioning authority and also take departmental action against him for the refusal.

Written by Sofi Ahsan | Chandigarh | Published:October 18, 2017 2:03 am
Punjab State Power Corporation Ltd (PSPCL) , Punjab and Haryana High Court , PSPCL Junior engineer bribery case, chandigarh news, indian express news The finalisation of the bye-laws had been stayed by the High Court last week and response had been sought from the government.

Punjab and Haryana High Court came down hard on the Punjab State Power Corporation Ltd (PSPCL) for its desperate attempt to save a “corrupt” employee from prosecution and has termed it an example of how the government departments are abusing the provision of sanction under the Prevention of Corruption Act.

The HC, while deciding a case in which the corporation had refused to grant sanction for prosecution against a junior engineer accused of bribery, asked the government-owned company to recover Rs 20,000 as compensatory cost from the salary or pension of the deputy chief engineer, who was the sanctioning authority and also take departmental action against him for the refusal.

While the Corporation had questioned the maintainability of the plea — seeking prosecution of the accused officer — saying the sanction orders cannot be subject to judicial review, the HC has directed the corporation to take a decision on the issue of sanction within a period of six weeks and communicate the same to the complainant.

“This court also has no difficulty in agreeing with the proposition of law that the court cannot direct the sanctioning authority to grant the sanction but it can definitely direct the authority to take into consideration the entire material facts on record as well as the investigation papers and the law,” Justice AB Chaudhari said in the judgment pronounced last week.

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