India which was ranked 72nd in the year 2007 in the Corruption Perception Index (CPI), on the basis of a survey conducted by Transparency International, slipped to rank No.84 in the year 2009, from out of 180 surveyed nations, i.e., it was considered far more corrupt in the year 2009 than what was perceived earlier in the year 2007. India’s integrity score, a major component of the survey, stood at 3.4 out of the highest score of 10 which indicated that our country had a long way to go in reducing, let alone eradicating, corruption. A country with a higher score from out of 10 is considered to be less corrupt. India’s rank was calculated collecting data from 13 sources, all of which measured the overall extent of corruption by gauging the frequency and size of bribes in the public and the political sectors. (K. Srinivasulu v. Government of A.P. (2010(3) ALD 452 (DB)).In the corruption perception index (CPI) for the year 2010, India was ranked even lower at 87 from out of the 178 surveyed nations. India’s integrity score for the year 2010 fell further to 3.3 from out of 10. For the year 2011, the corruption perception index (CPI) ranks India even lower at 95 from among the 183 surveyed nations with its integrity score falling down further to 3.1 in a scale of 10. Reasons for this infamy are evident and, unless urgent remedial measures are taken to arrest this rapid decline, we might well find ourselves in the august company of the most corrupt nations of this Globe. Avarice and insatiable greed is slowly but surely eroding the very system of governance in this country. Corruption, unless severely dealt with, will destroy the very fabric of our society. Corruption by public servants has now reached endemic proportions and monstrous dimensions. Its tentacles have started grappling even institutions created for the protection of the republic. Unless those tentacles are intercepted and impeded from gripping the normal and orderly functioning of public offices, through strong legislative, executive as well as judicial exercises, corrupt public servants may well paralyse the functioning of such institutions. Proliferation of corrupt public servants could garner momentum to cripple the social order if such men are allowed to continue to manage and operate public institutions. (K.C. Sareen v. CBI (AIR 2001 SC 3320) ; K. Srinivasulu (supra). While most of those who indulge in acts of corruption are seldom caught, even the few, who are, try everything possible to avoid prosecution. The present case is yet another instance where a public servant, who was allegedly caught taking a bribe, seeks to avoid prosecution under the Prevention of Corruption Act, 1988 invoking the jurisdiction of this Court under Article 226 of the Constitution of India.

2. This writ petition is filed to declare the action of the 1st respondent, in issuing G.O.Ms.No.654, Revenue (Vig.IV(2)) Department dated 4.7.2009 according sanction for prosecution of the petitioner for offences punishable under Section 7 and 13(2) of the Prevention of Corruption Act, 1988, as without jurisdiction on the ground that it amounts to reviewing the earlier order in Memo No.50991/Vig.IV(2)/2008-2 dated 5.2.2009 wherein the case of the petitioner was considered, and the matter was entrusted to the Tribunal for Disciplinary Proceedings for a detailed enquiry pursuant to the trap conducted on the petitioner on 22.2.2008.

3. The petitioner was working as a Surveyor in the office of the Deputy Director of Survey and Land Records, Hyderabad. A complaint was made to the 3rd respondent that the President and Secretary of Pochamma temple had submitted a requisition to conduct survey of the lands of the temple in order to protect the said lands from encroachment. On the ground that the petitioner had demanded Rs.2000/-, for conducting the survey, a trap was laid on 22.2.2008 and, pursuant thereto, Crime No.5/RCT-CR-1/2008 was registered against the petitioner under Section 7 of the Pre