Sanction for prosecution must reflect the authority's application of mind to relevant materials; failures to specify details do not invalidate sanction unless justice is compromised.

ORDER :

A. BADHARUDEEN, J.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure by the petitioner, who is the 2^nd accused in Crime No.VC-03/2022/PTA of 2022 of VACB, Pathanamthitta.

The prayers in this petition are as under:

“i) To set aside Annexure I FIR, Annexure V Order and Annexure VI Internal Final Report;

ii) To declare that the petitioner is not liable to be prosecuted based on Annexure I FIR, Annexure V order and Annexure VI Internal Final Report;

(iii) To direct the respondents to refrain from proceeding against the petitioner on the basis of Annexure I FIR, Annexure V Order or Annexure VI Internal Final Report;

(iv) To pass such other order which this Hon’ble Court may deem fit and proper considering the peculiar facts and circumstances of the case in the interest of justice;

(v) To dispense with filing of the translation of vernacular documents.”

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the Vigilance and Anti-Corruption Bureau in detail. Perused the relevant records as well as the decisions placed by both sides.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 13 (2) read with Section 13 (1)(a) of Prevention of Corruption (Amendment) Act, 2018 (`PC Act’ for short hereafter) as well as under Sections 409 , 477A and 120B of INDIAN PENAL CODE (`IPC’ for short), by accused 1 to 3. The specific allegation as per the final report is as under:

“4. Accused No.1 while working as Assistant Engineer, PWD Roads Section Vennikkulam and Accused 2 as Asst.Executive Engineer, PWD Roads Sub Division Mallappally during the period from 28.10.2020 to 18.03.2021, and as such being public servants entrusted with the execution and supervision of the work of repair to Ezhumattoor - Paduthodu Basto 1^st Road in Vennikkulam, with the intention to allow Accused No.3, the contractor of the said work derive undue pecuniary advantage, abused their official position and entered into a criminal conspiracy with Accused No. 3 and in furtherance of the said conspiracy accused No.l fraudulently and dishonestly recorded inflated and boosted up measurements in the M. book pertaining to the work and Accused No. 2 certified the measurements to be true with the knowledge that the work was not done as per the recordings and prepared bills based on the inflated M Book recordings, got them passed through corrupt and illegal means causing pecuniary gain of Rs.5,17,105.34/- (Five Lakhs Seventeen Thousand one Hundred and Five Rupees and Thirty four Paisa) to Accused No.3 and causing loss of the entire amount of Rs.22,19,250/- (Rupees Twenty two Lakhs Nineteen Thousand Two Hundred and Fifty) spent by the Government for the purpose, thereby committing the offences punishable u/s 13(2) r/w 13(1)(a) of PC Act 1988 (Amendment of 2018) and Sec.409, 477(A) & 120 B IРС.

5. During the course of investigation, a detailed inspection of the work site was conducted by availing services of independent technical experts and detailed report regarding the quantity of materials, used at site was obtained. Investigation revealed that the Accused No. I prepared electronic M Books by recording inflated measurements pertaining to the quantity and thickness of Close graded Premix, close grade premix surfacing and providing and applying tack coat, that Accused No. 2 (petitioner herein) had check measured the items and certified them to be true with the knowledge that the M Book recordings were inflated, and prepared and submitted bills based on such inflated and false measurements and caused payment of such bills