Cuttack: The Orissa High Court has quashed a three-year-old vigilance case against senior IAS officer Bijay Ketan Upadhyaya (2009 batch), holding that the prosecution was vitiated due to a flawed sanction process under anti-corruption law.
The ruling was delivered on April 17 by Justice Sanjeeb Kumar Panigrahi, who set aside the January 16, 2023 order of the Special Judge, Vigilance, Bhubaneswar.
Case Background: Allegations Under Prevention of Corruption Act
The case against Mr Upadhyaya stemmed from allegations that, while serving as Director of Horticulture, he demanded and accepted illegal gratification for clearing bills of an empanelled supplier.
He was charged under Sections 7 and 12 of the Prevention of Corruption Act 1988 and Section 120B of the Indian Penal Code.
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Key Issue: Validity of Sanction Under Section 19
The High Court primarily examined the requirement of prior sanction under Section 19 of the Prevention of Corruption Act.
The petitioner argued that the sanctioning authority was not presented with crucial exculpatory evidence, including a recorded conversation dated December 24, 2019, which impacted the validity of the sanction itself.
Court’s Observations on Procedural Lapse
Justice Panigrahi observed that sanction for prosecution of a public servant is not a mere formality but a substantive safeguard under law.
He noted that if relevant material was not placed before the competent authority, the sanction process becomes legally defective and cannot be treated as a minor technical error.
The Court held that such a lapse strikes at the foundation of the prosecution and undermines the legality of cognizance taken by the trial court.
Delay in Trial Also Noted
The Court further observed that although cognizance was taken more than two years ago, charges have still not been framed, leading to unnecessary prolongation of proceedings.
It stated that continuing with the case despite a serious defect in sanction would amount to abuse of process of law.
Case Quashed, But Liberty Given for Fresh Sanction
Holding that the issue goes to the “foundational legality of the prosecution,” the High Court quashed the cognizance order and all consequential proceedings against Bijay Ketan Upadhyaya.
However, the Court clarified that the competent authority is free to reconsider the issue of sanction afresh in accordance with law after examining all relevant materials.
Court on Judicial Intervention
The Court also observed that although interference under inherent jurisdiction is limited, it is justified where the material presented is of unimpeachable character and undermines the prosecution’s factual basis, in order to prevent abuse of process and secure justice.
About Dr Bijay Ketan Upadhyaya
Dr. Upadhyaya is a distinguished 2009-batch IAS officer of the Odisha cadre. Born on August 15, 1980, in Balasore, he gained national prominence by securing All India Rank (AIR) 5 in the 2008 UPSC Civil Services Examination. Highly academic, he holds a B.V.Sc. & A.H. from Orissa University of Agriculture and Technology and a Ph.D.
Since July 24, 2025, he has served as the Secretary of the Odia Language, Literature & Culture Department. His diverse career includes roles as Secretary to the Board of Revenue, Director of Horticulture, Collector of Kalahandi, Joint Secretary, and Sub Collector.
In late 2019, he faced a high-profile legal challenge involving a vigilance case. However, he was reinstated in 2020, and in April 2026, the Orissa High Court quashed the bribery charges against him, citing procedural flaws. Proficient in English and Oriya, he remains a key figure in Odisha’s administration, leading significant cultural and linguistic initiatives.
