The Supreme Court on Friday dismissed a plea of Himachal Pradesh government challenging the High Court order that had quashed an FIR lodged against BJP leader and former Chief Minister Prem Kumar Dhumal and others in a case pertaining to re-employing an IPS officer in the force.
A Bench comprising justices Ranjan Gogoi and P. C. Pant dismissed the plea, saying it is the failure to adhere to the administrative procedures than having criminal intent on the part of Dhumal and others.
The apex court said after perusing the materials on record it appeared that it is not a fit case for criminal prosecution.
When senior advocate Harin Raval, appearing for the state government, said that the charge sheet has been filed in the case, the Bench asked him as to what is loss suffered by it.
To this Mr Raval said that pecuniary benefits have been extended to but the Bench did not agree with it.
The Himachal Pradesh High Court had on December 4, quashed the FIR against Mr Dhumal and other accused in the case pertaining to giving re-employment to former IPS officer Amar Nath Sharma.
The High Court had quashed the FIR again Mr Dhumal, P. C. Kapoor, Ravi Dhingra and A. N. Sharma saying that the charge sheet filed did not constitute offence of cheating under Section 420 and criminal conspiracy under Section 120-B of IPC and criminal misconduct under Section 13(2) of Prevention of Corruption Act, 1988.
The then Governor, Urmila Singh, had expressed the opinion that sanction under Section 19 of Prevention of Corruption Act was not required, while on March 2 Governor Kalyan Singh reviewed the January 21 order and denied prosecution sanction against Mr Dhumal.
Mr Dhumal in his plea before High Court had said that former Inspector General of Police A. N. Sharma had given a three-month notice to the State for seeking retirement on December 31, 2007 and while his case was being processed, Mr Sharma had sought a waiver and requested to be retired by November 21, 2007.
