Bamang Pacho v. THE STATE OF AP

ORDER Date : 16.02.2022 Heard Mr. K. Dubey, learned counsel for the petitioners. Also heard Mr. Duge Soki, learned Addl. Senior Government Advocate, appearing on behalf of State Respondents No. 1 to 5; and Mr. Ojing Pada, learned standing counsel, SIC(Vig.), appearing on behalf of Respondents No. 10 & 11. By preferring this writ petition, the petitioners have sought for registration of the First Information Report(FIR) dated 08.10.2021, lodged by them before the Officer-in-Charge of SIC(Vig.), Special Cell, PHQ, Chimpu, Itanagar, Arunachal Pradesh, against “Shri Walat Hondique, Executive Engineer, Laying Yangte, Kurung Kumey District; Assistant Engineer, RWD Patuk & Junior Page No.# 3/5 Engineer, RWD Patuk, for immediate inquiry and register a case for siphoning of public money by duplicity of work for construction of road under two different schemes for same stretch of road i.e. from Bridge Pont to Parsi Parlo(39KM length) of the highest level of corruption done by the named officer and other officials and the contractors engaged in the said work.” By order, dated 11.02.2022, Mr. Pada, learned standing counsel, SIC(Vig.), was given time for obtaining instruction in the matter as to why the aforesaid First Information Report(FIR) has not been registered and the matter was directed to be listed today(16.02.2022). Upon receipt of the instruction from the Department concerned, Mr. Pada, learned standing counsel, submits that after the receipt of the First Information Report(FIR) on 08.10.2021, the Officer-in-Charge, SIC(Vig.), Itanagar, had forwarded the said information on 28.10.2021, seeking approval of the competent authority u/s. 17A of the Prevention of Corruption Act, 1988, for conducting an inquiry or investigation into the matter. The Commissioner(Vigilance), Government of Arunachal Pradesh, Itanagar, has however written back to the Superintendent of Police, Special Investigation Cell(SIC), Itanagar, vide letter, dated 14.02.2022, requesting him to submit the report with any observation for appraisal of the competent authority. Section 17A of the Prevention of Corruption Act, 1988, provides that no police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Act Page No.# 4/5 where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval of the Union Government or the State Government as the case may be. When such an approval is sought for, the concerned authority is required to convey its decision under the Section within a period of three months, which may, however, for reasons to be recorded in writing by such authority, be extended for a further period of one month. In the instant case, there is no dispute at the Bar that the First Information Report(FIR) was lodged by the petitioners on 08.10.2021, which, however, was forwarded by the Officer-in-Charge, SIC(Vig.), Itanagar, on

28.10.2021, for obtaining approval for inquiry or investigation from the competent authority, as submitted by Mr. Pada, learned standing counsel. Notwithstanding the forwarding of the First Information Report(FIR), dated 08.10.2021, to the competent authority, for obtaining the approval on

28.10.2021, as noted-above, the time prescribed u/s. 17(a) of the Prevention of Corruption Act, 1988, for taking a decision in the matter would run from the date when the First Information Report(FIR) is filed before the Officer-in- Charge, SIC(Vig.), Itanagar. Computing the maximum time period prescribed under Section 17A of the Prevention of Corruption Act, 1988, for taking a decision for grant of approval for enquiry or inquiry or investigation of an First Information Report(FIR), filed, as 4(four) months which is inclusive of further one month extension permissible Page No.# 5/5 from the outer limit, provided the reasons have been recorded in writing, and since the maximum time limit specified u/s. 17A of the Prevention of Corruption Act, 1988, for grant of approval or to take a decision in the matter of registering an First Information Report(FIR) by the competent authority is already over; I find that there is no reason not to make any inquiry or investigation in the matter in connection with the First Information Report(FIR), dated 08.10.2021, lodged by the petitioners before the Officer-in-Charge, SIC(Vig.), PHQ, Chimpu, Itanagar. In that view of the matter, the respondents are hereby directed to register the First Information Report(FIR), dated 08.10.2021, lodged by the petitioners before the Officer-in-Charge, SIC(Vig.), PHQ, Chimpu, Itanagar, and inquire or investigate the matter without any further delay in accordance with law. To begin with, the Respondent No. 11 viz. Officer-in-Charge, SIC(Vig.), PHQ, Chimpu, Itanagar, to whom the First Information Report(FIR), dated

08.10.2021, is addressed; shall register a formal First Information Report(FIR) within a period of 2(two) days from the date of receipt of a certified copy of this order and thereafter, inquire or investigate, promptly, in accordance with law. With the above directions, the writ petition stands disposed of at the motion stage itself. Comparing Assistant JUDGE