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2012 (11) TMI 1313 - SUPREME COURTIllegal gratification - Criminal misconduct - Commission of offences punishable u/s 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 (Act) - Absence of sanction for prosecution - High Court rejected application filed for discharge in the criminal prosecution - HELD THAT:- Adverting to the facts of the present case it has already been noticed that the only allegation against the Appellant is that he had prevailed upon RITES and IRCON to take the four employees in question on "deputation" for the sole purpose of sending them to London in connection with the medical treatment of the Appellant. It is also alleged that neither RITES nor IRCON had any pending business in London and that none of the four persons had not performed any duty pertaining to RITES or IRCON while they were in London; yet the to and fro air fare of all the four persons was paid by the above two Public Sector Undertakings. On the said basis it has been alleged that the accused Appellant had abused his office and caused pecuniary loss to the two Public Sector Undertakings by arranging the visits of the four persons in question to London without any public interest. This, in essence, is the case against the accused-appellant. It has already been noticed that the Appellant besides working as the Minister of Railways was the Head of the two Public Sector Undertakings in question at the relevant time. It also appears from the materials on record that the four persons while in London had assisted the Appellant in performing certain tasks connected with the discharge of duties as a Minister. As a Minister it was for the Appellant to decide on the number and identity of the officials and supporting staff who should accompany him to London if it was anticipated that he would be required to perform his official duties while in London. If in the process, the Rules or Norms applicable were violated or the decision taken shows an extravagant display of redundance it is the conduct and action of the Appellant which may have been improper or contrary to departmental norms. But to say that the same was actuated by a dishonest intention to obtain an undue pecuniary advantage will not be correct. That dishonest intention is the gist of the offence under Section 13(1)(d) is implicit in the words used i.e. corrupt or illegal means and abuse of position as a public servant. A similar view has also been expressed by this Court in M. Narayanan Nambiar v. State of Kerala [1962 (12) TMI 96 - SUPREME COURT] while considering the provisions of Section 5 of Act of 1947. If the totality of the materials on record indicate the above position, we do not find any reason to allow the prosecution to continue against the Appellant. Such continuance, in our view, would be an abuse of the process of court and therefore it will be the plain duty of the court to interdict the same. Thus, we allow this appeal, set aside the judgment and order dated 11.04.2012 of the High Court and the order dated 27.01.2010 of the learned trial court and quash the proceedings registered against the accused-appellant.
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