VIJAY BISHNOI, J. - (1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioner while challenging the order dated 31.10.2013 passed by the Sessions Judge, Prevention of Corruption Act, Bikaner (for short the trial court' hereinafter) in Complaint No.55/2012 Ambuj vs. Dr. A.K.Gehlot.
(2.) THE respondent No.2 Ambuj Kumar Sharma filed a complaint before the trial court against the petitioner and some other persons, inter alia, alleging therein that the accused, under the garb of RPMT/PVT Counseling, 2010, organized a camp at J.L.N. Medical College, Ajmer for admission in Veterinary College, Jodhpur and selected 14 students, whereas the Indian Council of Veterinary Science did not grant any permission for such admission. It was alleged that despite having no permission for such admission, the accused have granted the admissions. It was further alleged that thereafter such students were granted admission in Veterinary College, Bikaner. It was also alleged that the accused Nos.1 to 3 also granted permission to change option for pension purposes to Dr. R.K. Tanwar and seven other persons, which was not permissible, thereby causing loss of lacs of rupees to the Government. It was also alleged that in the garb of improving the breed of cows in village Chandan, the accused persons spent a sum of Rs.5 crore and 74 lacs, but only paper work was done and the accused persons misappropriated a sum of Rs.5 crore. It was also alleged that the contractual employees were kept by the accused persons without any advertisement and if the employees would have been selected after due advertisement, the employees at lesser rate would have become available. It was also alleged that the accused persons sanctioned the extraordinary leave for six employees, who were working in foreign countries and granted undue benefit of pension, promotion and increments causing loss of about Rs.1 crore. It was further alleged that in the marriage of daughter of Dr. G.S.Manohar, liquor was offered to the gurests on 18.1.2012 to 19.1.2012, whereas as per the Excise Policy, 2011 -2012, the liquor cannot be served in any function organized in Government Educational Institutions. The learned trial court, vide order dated 10.05.2012, forwarded the said complaint to the Anti Corruption Bureau, Bikaner with a direction that if a case is made out, then a regular FIR be registered.
(3.) THE Investigating Officer, after concluding the investigation, has submitted a report in the trial court with a finding that no offence is made out against the accused - persons. The learned trial court, after considering the said report filed by the Investigating Officer, vide order dated 31.10.2013, has rejected the same and sent the matter to the Additional Director General of Police, Anti Corruption Bureau, Headquarters Jaipur with a direction that regular FIR be registered against the accused persons and after thorough investigation, report be submitted to the trial court on 21.12.2013. Assailing the validity of the order dated 31.05.2013, the learned counsel for the petitioner has argued that the trial court has no jurisdiction to direct the Anti Corruption Bureau to register an FIR against the petitioner in the absence of prior sanction from the competent authority as required under section 19 of the Prevention of Anti Corruption Act, 1988 (for short the Act of 1988' hereinafter). It is contended that as the petitioner is the Vice Chancellor of the Rajasthan University of Veterinary and Animal Sciences, he cannot be prosecuted for the offences allegedly committed by him while discharging his official functions and duties in regard to the day to day affairs of the University. It is submitted that by the mandate of the provisions of section 19 of the Act of 1988, no court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction by the competent authority.;