A court here has refused to order investigation in a complaint against Indian Air Force officers and employees of Haryana government for allegedly allowing illegal mining on defence land in the state, saying there was no proper sanction to prosecute them.
Special CBI Judge Bhupesh Kumar also dismissed the application seeking a court-monitored probe into the allegation that these public servants allowed illegal land mining in Tilpat Ranges 1 and 2 in Faridabad in Haryana and caused loss of over Rs 29 crore to the exchequer.
"In the absence of valid sanction no directions can be made under section 156(3) (power of magistrate to order probe) of CrPC. The application reflects that no sanction has been obtained by the complainant to prosecute the public servants.
"Hence, the application for monitoring the investigation or to call status report is not maintainable. Consequently, the present application stands dismissed. File be consigned to record room," the judge said.
The court referred to several judgements of the Supreme Court while deciding the matter and also noted that under the provisions of the Prevention of Corruption Act, it cannot take cognisance of certain offences allegedly committed by public servants until and unless sanction has been obtained from the authority concerned (Centre or State as the case may be).
A representation was sent on May 26, 2016 to the Prime Minister's Office and the CBI Director for issuing appropriate order for instituting independent inquiry against the officers of Indian Air Force, employees of government of Haryana for allowing illegal mining on defence land situated at Tilpat Ranges 1 and 2 in Faridabad and causing loss of Rs 29,00,33,680 to the exchequer of the government of India.
The application said that the complainant has tried to know the status of investigation regarding the complaint from the office of the Prime Minister and CBI Headquarters but he has not been informed.
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