Failure to Follow Departmental Norms Does Not Constitute an Offence Under the PC Act

The Jammu and Kashmir High Court ruled that failure by government servants to follow departmental norms does not constitute an offence under the Prevention of Corruption Act unless dishonest or pecuniary gain is proven.

Justice Sanjay Dhar quashed charges against two J&K Project Construction Corporation officials (JKPCC) accused of negligence in a bridge construction project.

The Court held that such omissions might warrant departmental inquiries but not criminal prosecution. It noted no evidence of criminal conspiracy or dishonest intent.

The officials had been charged under Section 5 of the PC Act, but the Court ruled that the trial court's decision to frame charges lacked merit.