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This is an archive article published on November 19, 2009

SC slams Andhra HC for acquitting accused defence official

Supreme Court expressed its ‘shock’ and slammed the Andhra HC for ‘honourably acquitting’ and a defence official.

The Supreme Court expressed its “shock” and slammed the Andhra Pradesh High Court for “honourably acquitting” and a defence official,arrested by CBI in a corruption case,and directing the government to promote him.

A bench of Justices V S Sirpurkar and Deepak Verma expressed surprise that the high court even chose to quash the departmental findings against the accused official Prem Raj and instead impose its own decision of recommending the tainted official’s promotion with all monetary benefits.

“We are extremely surprised to read the last portion of the judgment of the High Court wherein the High Court has honourably acquitted the accused and directed his reinstatement as senior most civil engineer,civil department,MIDHANI (a defence undertaking) with all usual retrial monetary benefits inclusive of restoration of seniority etc with immediate retrospective effect.

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“We wonder as to under what powers,the High Court has acted. This was certainly not the jurisdiction of the High Court which had only to find whether the respondent-accused was guilty or not of the offence alleged against him,” the bench said.

The apex court noted that it has come in evidence that a full-fledged departmental inquiry was conducted against the accused which found him guilty.

“We are shocked to see the step taken by the High Court in straightaway writing off the findings of the departmental inquiry without any justification. This aberration on the part of the High Court speaks of its wholly incorrect approach,” the bench said in a judgement.

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