IMPORTANT POINT
The court established that the applicability of Section 17(A) of the P.C. Act requires prior approval for prosecuting public servants, and that the trial court's findings on such matters are conclusive in the context of quashing petitions.

JUDGMENT :

HONOURABLE MR. JUSTICE ROBIN PHUKAN

Heard Mr. C. Lalramzauva, learned Senior Counsel, assisted by Mr. C. Tlanthianghlima, learned counsel for the petitioner; Mrs. Linda L. Fambawl, learned Public Prosecutor, for the respondent Nos. 1, 2, 4 & 5; and Mr. J.C. Lalnunsanga, learned Special Public Prosecutor for the respondent No. 3.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner namely, Sh. C. Vanlalmawia has prayed for quashing the letter dated 22.01.2021; order dated 02.02.2021; the Enquiry Report dated 13.04.2022; FIR dated 05.05.2022; charge sheet No. 01/2024, dated 24.01.2024; order dated 22.03.2024; order dated 26.03.2024; and the criminal proceeding in SR (PCA) No. 01/2024, pending before the court of learned Special Judge, Prevention of Corruption Act, Mizoram (trial court).

3. The background facts, leading to filing of the present petition are adumbrated herein below:-

“While the petitioner, Sh. C. Vanlalmawia was working as a Principal at DIET, Kolasib, one Sh. Zosangliana Rokhum, President of Mizo Zirlai Pawl, Kolasib, Mizoram lodged a witten complaint to the Senior Superintendent of Police, ACB, Mizoram, Aizawl (respondent No. 4) in respect of alleged misappropriation of funds under Centrally Sponsored Scheme and State Matching Share, during 2013 – 2018. On the basis of the aforesaid written complaint, The Secretary to the Government of Mizoram, Vigilance Department, Aizawl (respondent No. 2) vide letter No. C.31016/93/2019-VIG, dated 12.06.2019, conveyed Government’s permission to register preliminary enquiry. Accordingly, ACB PE No. 09/2019 was registered against the petitioner and Inspector, F. Engkunga was initially appointed as the Enquiry Officer. Then the Enquiry Officer had submitted his enquiry report which was forwarded to the Vigilence Department on 17.01.2020.

However, on careful scrutiny of the Enquiry Report and documents connected therewith, it was found that some crucial points were left out by the said Enquiry Officer and therefore, the case was re-endorsed a Deputy Superintendent of Police (DSP) for further enquiry. Thereafter, the DSP had submitted his Supplementary Enquiry Report to the Chief Vigilance Officer, Mizoram wherein he had stated that even though liabilities could not be established against the petitioner, necessary action as deem fit may be taken against the petitioner.

Thereafter, the respondent No. 2, vide its letter No. C.31016/93/2019-VIG, dated 22.01.2021, directed to continue preliminary enquiry in a more detail manner, as desired by the Chief Vigilance Officer, Mizoram. Thereafter, the respondent No. 4 vide letter dated 02.02.2021, appointed Additional SP, ACB to conduct preliminary enquiry against the petitioner and thereafter, the said Enquiry Officer had submitted his Preliminary Enquiry Report.

Thereafter, the petitioner was served with an Order and Notice dated 02.02.2022, in MLC No. 38/2022, by the respondent No. 3, fixing 23.02.2022 for hearing on the Enquiry Report as per Section 19(3) of the Mizoram Lokayukta Act, 2014 and subsequently, hearing was held on 23.02.2022, wherein the petitioner was present in person and vide order dated 30.03.2022, the respondent No. 3 had passed an order for full investigation against the petitioner and the ACB, Mizoram was directed to carry out the investigation. It was further ordered that the investigation shall be carried out expeditiously as possible and thereafter, the respondent No. 2 vide letter dated C.31016/93/2019-VIG, dated 13.04.2022, addressed to the respondent No. 4 had conveyed Government’s approval for registering a regular case as per Section 17(A)(1)(b) of the P.C. Act, 1988 and the said investigation was not completed within the stipulated time period of 6 months. However, the Enquiry Officer had submitted an FIR, dated 05.05.2022, to the respondent No. 4, for registration of criminal case against the petitioner.

On receipt of the FIR, the respondent No. 4, vide order dated 05.05.2022, had registe