SC stays judgment of Patna HC proceedings against Ajay Misra

New Delhi, Sep 12 (UNI) The Supreme Court has stayed till further order, the judgment of Patna High Court upholding the order of the Special Judge initiating criminal proceedings against former chief secretary of the state Ajay Kumar Misra.

A bench comprising Justices K G Balakrishnan and D K Jain also issued notice to the state of Bihar against the petition filed by Mr Misra, who is presently posted as member of Revenue Board, Jharkhand.

Senior counsel L Nageshwar Rao, alongwith P B Suresh, appearing for the petitioner, contended that the sanction has not been issued by a competent authority and has also been issued at the behest of someone else.

The allegations relate to 1980-82 when Misra was posted as Managing Director of Bihar State Credit Investment Corporation Limited. The Vigilance Department conducted an inquiry into the allegations of corruption against the petitioner and dropped all charges after the department found them baseless.

However, the case was again reopened after 17 years by the Bihar State Government in 2002 and the state thereafter launched criminal proceedings against Misra in the court of Special Judge, Vigilance, Patna.

A single judge of the High Court quashed the sanction granted by the government to reopen the case and prosecute Misra.

The division bench, however, reversed the order of the single judge and upheld the sanction to prosecute the petioner.

The petitioner also pointed out to the Supreme Court on September 8 that the Central Government had also declined to give sanction to prosecute Misra despite state government request.

UNI AKS/SC LL RP HS2019