BENGALURU: The Lokayukta has decided to file a criminal revision petition against the dropping of charges against retired IAS Officer Dr V Chandrashekar.
Sources in the Lokayukta told Express the anti-corruption agency had collected enough evidence to secure his conviction, as in the case of another retired IAS officer, Dr Baburao Mudbi.
The Bengaluru Rural Special Court has dropped charges against Chandrashekar in a disproportionate assets case. The Lokayukta is using guidelines issued by the Department of Personnel and Training, Government of India, dated September 27, 1999, to file a petition against the verdict.
The guidelines say the central government’s sanction is not necessary to prosecute retired IAS officers, since they cease to be public servants.
The state government had cited the guidelines and withdrawn its letter dated May 31, 2012, refusing sanction to prosecute Mudbi.
Once the shield was removed, the Lokayukta police wing continued its proceedings against him. Mudbi challenged the government’s decision in the High Court. Justice R B Budihal rejected his contentions and delivered a verdict in 2014.
Now, the case against Mudbi is pending before a special court. Refusing sanction to prosecute Mudbi, the state had said on May 31, 2012, that it was not satisfied a prima facie case existed against him. It had also cited his “unblemished career” spanning 35 years.
In his petition, Mudbi had contended once a competent authority had rejected sanction for prosecution, the order could not subsequently be reviewed. The court had thrown out that argument.
In Chandrashekar’s case, the Lokayukta police had filed an FIR in 2007 under the Prevention of Corruption Act. Chandrashekar was accused of acquiring assets worth Rs 1.12 crore, 47.1 per cent disproportionate to his known sources of income. The state had rejected the Lokayukta’s plea for prosecution sanction on July 6, 2012, stating the Centre was the competent authority.
While the investigation was on, Chandrashekar retired. On March 14, 2014, the chief secretary withdrew the order rejecting the request for prosecution sanction. Three days later, a chargesheet was filed against him.
On June 2, 2015, the Special Court discharged Chandrashekar on the grounds that the government had no powers to review its earlier order refusing prosecution sanction. It ruled that a chargesheet could not be filed once sanction was refused, and the accused had retired from service.