- (1.) Heard Sri Dileep Kumar assisted by Shri Chandan Sharma, learned counsel for the petitioner and Shri Imran Ullah, learned Additional Advocate General assisted by Shri P.S. Yadav, learned A.G.A. for the State.
(2.) This writ petition is directed against the order dated 15.02.2016 by which sanction for criminal prosecution has been accorded against the petitioner under Section 13(1)(e) and under Section 13(2) of the Prevention of Corruption Act, 1988 (in short "the Act 1988"). The petitioner has also sought quashing of the communication dated 4.3.2016 by which the Special Secretary, Government of U.P. Lucknow forwarded the sanction order dated 15.2.2016 to the Director, U.P. Vigilance Establishment, Lucknow.
(3.) Learned counsel for the petitioner firstly contended that the petitioner has not been given opportunity of hearing during investigation. He submitted that the Government Order dated 11.7.2005 lays down the procedure that has to be followed while conducting an investigation. Clause 19 of the Government Order stipulates that the charged officer (delinquent) should be provided opportunity to explain his case and his statement should be recorded at three stages, i.e. (a) immediately after search, (b) during investigation; and (c) after completion of investigation. Clause 19(c) thereof provides that on completion of investigation, charged officer shall be interrogated with regard to his disproportionate properties and his statement shall be recorded in detail so as to explain each and every aspect of the enquiry and if any inconsistency is noticed in his explanation/statements, it should be pointed out in appraisal of evidence enclosing a final report concerning such statements. In the present case, neither any explanation was called for nor statement of the petitioner recorded as provided under clause 19(c) of aforesaid Government Order and as such the entire investigation conducted against the petitioner is vitiated. Since no opportunity of hearing was given to the petitioner to explain his case nor provided with any document or material to enable him to explain and account for the alleged disproportionate properties, there is complete denial of opportunity of hearing as provided in the guidelines under clause 19(c) of the Government Order dated 11.7.2005, and is in defiance of the principles of natural justice.;