Hyderabad High Court quashes charges on former IAS officer
Mr Sivaraju Srinivas, counsel appearing for the petitioner, told the court that as per CrPC Section 197.
Hyderabad: The Hyderabad High Court on Friday quashed the charges framed against former IAS officer B. Sam Bob by the CBI in the illegal investments case of YSRC president Y.S. Jagan Mohan Reddy.
Justice M. Seetharama Murti was hearing a petition by Mr Sam Bob seeking to quash the charges against him pending before a special CBI court. The CBI had named Mr Sam Bob, then principal secretary, industries and commerce, as an accused with regard to the memorandum of agreement signed with Lepakshi Knowledge Hub.
Mr Sivaraju Srinivas, counsel appearing for the petitioner, told the court that as per CrPC Section 197, sanction from the state government is required to prosecute a government servant for offences under the Indian Penal Code, and from the Centre to prosecute an All India Service officer for offences under the Prevention of Corruption Act.
He said both the governments had refused sanction for prosecution and the Centre made it clear that the petitioner had not violated business rules, nor were there charges of taking illegal gratification.
He said the Centre had clarified that the official had processed the MoA under the Industrial Policy 2005-10, and submitted it to the competent authority, The Cabinet subsequently ratified the MoA.
He said when the Centre and the state had refused sanction for prosecution, the CBI proceeding against his client amounted to abuse of the process of law.