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2026 Supreme(Online)(Guj) 6033
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. Mengdey, J
BAIS DEVENDRASINH JAGATBAHADURSINGHV/sSTATE OF GUJARAT
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 7112 of 2025
For the Appellants/Petitioners: Aman A Sama, Ashish M Dagli
For the Respondents: Hardik Dave, Vrunda Shah
Departmental proceedings against an employee do not absolve them of criminal liability, and the competent authority must decide on the grant of sanction for registering an FIR under the Prevention of Corruption Act independently of such proceedings.
Headnote:The petitioner approached the court under Article 226 of the Constitution of India seeking a direction to the respondent authorities to register a First Information Report (FIR) based on a representation dated 12.02.2025. It was submitted that the Bhuj city ‘A’ Division Police Station had already found a prima facie cognizable offence under the Prevention of Corruption Act. The court observed that while the Anti Corruption Bureau had sought approval under Section 17(A) of the Prevention of Corruption Act, the Narmada Water Resources and Water Supply Department had only communicated that departmental proceedings were being conducted. The central issue was whether the initiation of departmental proceedings precludes the registration of a criminal FIR. The court held that "The proceeding against the accused departmentally would not absolve the accused of their criminal liability," and noted that no decision regarding the sanction under Section 17(A) of the Act had been taken despite the Anti Corruption Bureau stating that offences under Section 13(1)(a) and 13(2) of the Prevention of Corruption Act were made out. Rule is made absolute to the aforesaid extent.
| Table of Content |
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| 1. request for fir registration and the status of the mandatory sanction under the prevention of corruption act. (Para 1 , 2 , 3 , 4) |
| 2. departmental proceedings do not absolve an individual of criminal liability. (Para 5) |
| 3. direction to the sanctioning authority to decide on the approval for fir registration within a fixed timeframe. (Para 6 , 7 , 8) |
ORAL ORDER
1. The present petition filed under Article 226 of the Constitution of India with the following prayers:-
A. Direct the respondent authorities to consider the petitioner's representation dated 12.02.2025 (Annexure-A), and if a cognizable offence is made out on the basis of the material placed on record and the completed investigation, to forthwith register a First Information Report and take further action in accordance with law;
B. Direct the respondent authorities to comply with the order dated 27.08.2024 passed by this Hon'ble Court in Special Criminal Application No. 10803 of 2024, and to submit a report before this Hon'ble Court regarding the steps taken in compliance thereof,
C. Pending admission, hearing, and final disposal of this petition, direct the respondent authorities to place on record a status report regarding the action taken on the petitioner's representation and the current status of the matter;
D. The Hon'ble Court be pleased to grant any such other and further order(s) or relief(s) as may be deemed fit and proper in the interest of justice.
2. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent State.
3. Learned advocate appearing for the petitioner submitted that the Bhuj city ‘A’ Division Police Station had addressed the Communication dated 17.12.2024 to the the Superintendent of Police, Kachchh-Bhuj (West) wherein it has been categorically stated that prima facie the cognizable offence under the Prevention of Corruption Act has been made out. However, despite the said finding having been recorded, the F.I.R. has not been registered to the reasons best known to the authorities against the accused persons.
4. Learned Public Prosecutor, upon, instructions from the officer who is present before the Court, submitted that the Anti Corruption Bureau, Bhuj had written a letter to Anti Corruption Bureau, Ahmedabad on 16.02.2024 asking for the approval under Section 17(A) of the Prevention of Corruption Act. The Anti Corruption Bureau, Ahmedabad in turn had written to the Addl. Chief Secretary, Narmada Water Resources and Water Supply Department on 30.05.2024 for the very purpose. The said authority vide Communication dated 03.02.2026 has informed the Director of Anti Corruption Bureau, Ahmedabad that the accused persons are being prosecuted departmentally.
5. Heard learned advocates for the respective parties. From the record it appears that the petitioner had earlier preferred Special Criminal Application No.10803 of 2024 with the same prayer. During the course of hearing of the said petition, learned Additional Public Prosecutor appeared in the matter had made statement, upon instruction, that the investigation will be expedited and it will be taken to its logical conclusion and in view of the aforesaid statement made by the learned Additional Public Prosecutor, the petitioner had withdrawn the said petition on 27.08.2024. Thereafter, till date, no substantial progress appears to have been made in the matter. As pointed out by learned Public Prosecutor, the Director, Anti Corruption Bureau, Ahmedabad had addressed Communication dated 30.05.2024 to the Addl. Chief Secretary, Narmada Water Resources, Water Supply and Kalpsar Department for granting sanction under Section 17(A) of the Prevention of Corruption Act for registering the offence. The Narmada Water Resources, Water Supply and Kalpsar Department vide Communication dated 03.02.2026 has communicated to the Director, Anti Corruption Bureau, Ahmedabad that the decision had been taken to conduct the departmental inquiry into the aspect. However, n
