New Delhi: The Supreme Court on Monday stayed the Karnataka High Court's order directing the state government to give nod for prosecution of IAS officer Rohini Sindhuri in respect of alleged 2021 "cloth bag scam" during her tenure as Mysuru Deputy Commissioner.
A bench of Justices Dipankar Datta and Satish Chandra Sharma issued notice to the complainant and others on her plea challenging the validity of the High Court's order, passed earlier this month.
'Rs 13 bags bought for Rs 52': Karnataka HC orders govt to allow FIR against IAS officerSenior advocate Gaurav Agarwal appeared for her.
Her plea assailed the HC's order which has directed the state government to grant approval for registration of the FIR against her in connection with irregularities in procurement of eco-friendly bags for distribution within Mysore City Corporation and other local bodies.
In his order, Justice M Nagaprasanna said that mere exoneration of an officer in departmental proceedings cannot by itself foreclose the initiation of criminal investigation on the same set of facts.
The irregularities pertained to 2021 when Sindhuri was Deputy Commissioner of Mysuru at the relevant time.
It was alleged that eco-friendly bags were procured from KHDC at Rs 52 per bag, while the same bags are sold at Rs 13 per bag in the retail market. The procurement resulted in loss of Rs 5,88,58,320 to the exchequer, the complaint said. It was further alleged that funds earmarked for welfare schemes of the economically vulnerable sections within the Grama Panchayats were diverted to the procurement.
"If such material does not even warrant the grant of approval to initiate investigation under Section 17A (Prevention of Corruption Act), this court is constrained to ponder what would. The statutory safeguard under Section 17A is not intended to stifle legitimate inquiry into serious allegations of corruption, it is designed to prevent frivolous harassment not to foreclose accountability," Justice Nagaprasanna said in his order.
Approval under section 17A of the PC Act is mandatory to register FIR in cases wherein the allegation pertains to a decision taken in the discharge of official functions.
The complaint was filed by Mysuru based lawyer and social activist N R Ravinchandre Gowda before the then Anti-Corruption Bureau (ACB), Mysuru,
The ACB, Mysuru sought approval under section 17A to register a crime and on September 9, 2022, the approval was rejected.
The complainant challenged this and a co-ordinate bench of the high court in February 2025, remitted the matter back with direction to reconsider it afresh in accordance with law. The approval was again rejected on May 26, 2025, with verbatim like the earlier order, except the statement that the officer has been exonerated in a departmental enquiry.