No Criminal Proceeding against A Government Employee For Passing A Wrong Order: Kerala HC

The Kerala HC recently dominated this below the bar of Corruption Act just for passing a wrong order, with none material to demonstrate that such order was deliberately passed by him for extraneous issues or on oblique motives.

The plea was filed by P.Sunil Kumar, seeks to quash associate degree FIR filed against him for passing order unfavourable to the govt.. The aforesaid FIR alleged that the petitioner was motivated by extraneous issues in passing it.

Whether Employee act as judicial authority below a statute will be criminally liable under the act?

Justice R. Narayana Pisharadi said permitting the petition held there ought to be satisfactory material to proceed against the officer. it’s clearly stated in sec. 13(1)(d)(ii) that a govt. employee will be prosecuted as long as he has abused his position and obtained any valuable factor or monetary advantage.

However, within the present case, there was fully no allegation that the petitioner deliberately committed misconduct for extraneous issues, and no discovery of any material revealing such act throughout the 6 year long investigation.

Therefore, though the petitioner had passed the alleged order while not poring over the previous records, his act doesn’t attract the offence below Section 13(1)(d)(ii) of the P.C Act.

Under the aforesaid Act, a pursuit is contemplated before passing associate degree order. Should act judicially in taking the matter before him. Therefore, the petitioner may be a quasi-judicial authority within the present case.
Consequently, the one Bench quashed the FIR whereas permitting the petition.

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