BENGALURU: The Lokayukta police have finally succeeded in getting the hurdles cleared to prosecute retired IAS officer Baburao Mudbi in a disproportionate assets case, 12 years after his premises were raided.A Lokayukta Special Court which ruled that no sanction is needed to prosecute the retired official slammed the state government for sitting on the file seeking a sanction for his prosecution without forwarding it to the Union Ministry of Personnel and Training.
The court also rejected the application filed by Mudbi praying for his discharge from the case registered in 2008.“The State Government has no business to retain the file with it.... State Government officials like Chief Secretary is not supposed to retain the file and pass any orders with regard to the sanction order sought by the ADGP, Lokayuktha...”, special court judge Mallikarjunagoud said on Monday.
He upheld the contention of the Lokayukta police that the official ceased to be a public servant when the charge-sheet was filed “and hence, sanction is not required”. The Lokayukta police told the court nearly a dozen communications had made to the state Chief Secretary from May 2012 to 2014 seeking sanction to prosecute Mudbi. But the government rejected the request for sanction on the day of his retirement on May 31, 2012 after which the Lokayukta police filed the chargesheet. Meanwhile, the High Court had dismissed a petition filed by Mudbi in November 2014 saying that no sanction is required to prosecute him.