Haryana officer accused in bribery case discharged as govt ‘denies’ permission to prosecute

Chaudhary was booked on September 27, 2023, by the VB under sections 8 and 12 of Prevention of Corruption Act 1988, along with a private person, Ashok Narula.

As per the case of VB, Deo Sharan Sah, an orthopaedic surgical shop owner had alleged to VB that Chaudhary and Narula were in collusion with each other and demanded bribe of Rs 80,000 from him, for not sealing his shop, on account of some discrepancies.

Sah then approached the Police Station, Vigilance, Chandigarh. Following the complaint, the Chandigarh VB team had laid the trap and arrested Narula while he allegedly accepted the bribe amount of Rs 25,000. Meanwhile, Chaudhary, who had been absconding after the case was registered, surrendered before the Chandigarh District Court later in February 2024.

The trial of the case had not begun, as the charges were yet not framed against the accused in the case. The accused have been out on bail.

As the matter came up for hearing before the Special Court of Rajnish Garg on September 10, the court discharged Chaudhary from the charges. A detailed order on the discharge of Chaudhary was yet to be released by the court.

According to advocate Rajnish Sharma, counsel appearing for Chaudhary, he has been discharged from the case as the prosecution sanction has not been received from the Haryana government. An official of the VB in Chandigarh, also confirmed that the sanction has not been granted by the state to prosecute the Haryana officer.

The VB, however, is considering options to review the case against Chaudhary and has also written to the DA (District Attorney) in the matter.

A prior sanction is required to prosecute public servants in India for offences committed while discharging their official duties or in connection with those duties, to protect them from frivolous or retaliatory proceedings. Sanction is a mandatory condition precedent for a court to take cognizance of such cases.