Is Sanction Needed To Prosecute Govt Servant Named In Chargesheet If CBI Probed Case Upon Order Of SC/HC?: Allahabad HC To Examine

The Allahabad High Court is set to examine the question that if the CBI has probed a matter upon a direction of the High Court or Supreme Court, and has filed a charge sheet against the government/public servant, whether there is any requirement to obtain sanction from the competent authority for prosecuting such a government/public servant (serving or retired).

The bench of Justice Dinesh Kumar Singh posed this question before the CBI counsel while dealing with a quashing plea filed by one Dr. Syed Fareed Haider Rizvi (a retired govt employee), who moved the Court challenging the order of the trial court taking cognizance of the charge sheet filed by CBI against him in an MGNREGA Scam case.

It was the argument of the counsel for the accused that since no sanction had been taken for prosecuting him in this case, therefore, the impugned proceedings were liable to be set aside. 

The case in brief

Essentially, pursuant to a 2014 order of the Allahabad HC, the CBI registered a regular case in respect of gross irregularities, large-scale bungling, and misappropriation of government funds relating to the MGNREGA Scheme during the years 2007- 2008 and 2008-2009.

The accused/applicant, who was working as District Development Officer, Balrampur at the relevant point in time, was named in the Chargesheet of the CBI accusing him of causing loss to the government to the tune of Rs. 9,24,159/- and corresponding gain to himself.

The CBI filed its charge sheet on November 15, 2018, and in the meantime, the accused applicant retired from service on attaining the age of superannuation. On the filing of the charge sheet, the trial Court took cognizance on November 23, 2018. Challenging that very order, the accused moved to the HC.

While hearing the matter last week, the Court posed the following question to the counsel for the CBI (Sr. Counsel Nandit Srivastava) and posted the matter for further hearing on November 29:

"The moot question involved in the present application is that once the CBI had taken investigation in compliance of the order passed by the Constitutional Bench (High Court or Supreme Court) and filed a charge-sheet against the government/public servant even then the sanction would be required from the competent authority for prosecuting such a government/public servant (serving or retired)."

Case title - Dr. Syed Fareed Haider Rizvi @ Dr. S.F.H. Rizvi v. C.B.I. Thru. S.P./A.C.B. Lko [APPLICATION U/S 482 No. - 8292 of 2018]

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