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Issues involved: Challenge to order of framing charge u/s 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988.
Summary: 1. The appellant challenged the order of framing charge passed by the Special Judge, Chandigarh under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. The appellant contended that no charge sheet could be filed against him without obtaining the requisite sanction as per Section 19 of the Act, as he was serving as a Colonel in the Army at the time of the alleged offence. The High Court dismissed the plea, emphasizing that the appellant was not in government service when the charge sheet was filed. The appellant's argument, based on the case of State of U.P. v. Mohammad Nooh, was also rejected. 2. The Additional Solicitor General argued that the case of Mohammad Nooh did not apply to the present situation. The effect of Section 19(3) of the Act was discussed, highlighting that no court shall stay proceedings under the Act on the ground of any error in the sanction granted, unless it resulted in a failure of justice. The court referred to previous cases emphasizing the limited application of legal fictions and deeming provisions in law. 3. The court further analyzed the provisions of the Act and previous legal precedents to determine the applicability of Section 19(3) and the requirement of sanction for prosecuting public servants. The court concluded that the High Court's decision did not have any infirmity warranting interference, and thus, the appeal was dismissed for lack of merit.
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