SC allows CBI appeal against quashing of FIR

New Delhi, Aug 11 (UNI) The Supreme Court has cleared decks for the prosecution of an IAS officer of Rajasthan allegedly involved in financial bungling to the tune of Rs. 60 lakhs during his tenure as incharge of Polio- Eradication Programme in the state.

The court set aside the Rajasthan high court judgment quashing an FIR registered against Ravi Shankar Srivastava, an IAS officer, and one Mathur who was the General Manager in the state's health department under sections 120-B, 167,168,177A IPC read with section 13 (2) and 13 (2) of the Prevention of Corruption Act,1988.

The High court had quashed the FIR on the grounds that CBI had no jurisdiction to register the case without the consent of the state government and every officer has to be specifically authorised by the state.

A bench comprising Justices Arijit Pasayat and Altamas Kabir yesterday upheld the contention of the appellant CBI that general consent given by the state government in 1956 and extended in 1989 has not been revoked till date.

The CBI had also contended that the letter relied upon by the respondents has not been authenticated till date as there is no proof of the authority of the person writting the letter.

The apex court in its judgment said,"Coming to the pivotal stand of respondent no 1 as has been rightly submitted by the learned counsel for the appellant, there is no notification revoking the earlier notification. The letter on which great emphasis has been laid by respondent no.1 and highlighted by the high court, the authority to write the letter has not been indicated. It has also not been established that the person was authorised to take a decision. In any event the same does not meet requirements of Article 166 of the Constitution. The letter is not even conceptually a notificatiion. The high court was therefore not justified in holding that there was a notification rescinding earlier notification. The high court was not justified in quashing the proceedings instituted on the basis of the FIR lodged. The impugned judgment of the high court is set aside. The appeal is allowed." UNI AKS/SC RP HT1910