Lawstreet Journal

Criminal proceedings not to be initiated against a public servant for passing a wrong order without evidence of extraneous considerations : Kerala High Court

Lawstreet Journal 12 Jun 2021 8:55pm

Image courtesy: Lawstreet Journal Judiciary Criminal proceedings not to be initiated against a public servant for passing a wrong order without evidence of extraneous considerations : Kerala High Court

The Kerala High Court recently ruled that, criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order without any material or demonstrate that such order was deliberately passed by him for extraneous considerations or on oblique motives.

The plea was filed by P Sunil Kumar, the then Tahsildar of Udumbanchola, seeks to quash an FIR filed against him for passing an order unfavorable to the government. The said FIR alleged that the petitioner was actuated by extraneous considerations in passing it.

The question that came up in the court was whether a public servant, who acts as quasi-judicial authority under a statute, can be held criminally liable under the act for passing a wrong order.

Justice R Narayana while allowing the petition held that dishonest intention on the part of the public servant cannot be presumed to be a reason behind passing a quasi-judicial order in favor of the party. There should be satisfactory material to proceed against the officer. In fact, a bare perusal of section 13(1)(d)(ii) reveals that a public servant can be prosecuted only if he has abused his position and obtained any valuable thing or pecuniary advantage.

However, in the present matter, there was absolutely no allegation that the petitioner deliberately committed misconduct or extraneous considerations, and no discovery of any material disclosing such act during the six year long investigation. On that note, it was observed that, “Every error committed by a quasi… Continue Reading...


Tagged: kerala high court  
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