V. KRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In these proceedings under Article 32 of the Constitution, the petitioner seeks the following reliefs:

(2.) On 10 February 2006, the petitioner was convicted of offences punishable under Sections 409, 420 and 477A of the Indian Penal Code 1860 and Section 13(2) read with Section 13(1)(c) and Section 13(1)(d) of the Prevention of Corruption Act 1988 by the Additional Special Judge for CBI cases, Chennai. The judgment was affirmed in appeal by the High Court on 13 March 2012. This Court dismissed the Special Leave Petition under Article 136 of the Constitution on 16 July 2012. A review petition was dismissed on 11 December 2012. Based on certain additional material, namely, a purported report of an internal enquiry dated 7 February 2017, which was prepared on the basis of a representation submitted by the brother of the petitioner during the pendency of the review petition, the petitioner filed proceedings afresh before the High Court under Section 482 of the Code of Criminal Procedure 1973. These proceedings were dismissed by the High Court. A Special Leave Petition was filed against the decision of the High Court. Notice was issued but the Special Leave petition was withdrawn on 17 December 2019.

(3.) The petitioner now seeks a declaration that the order of sanction dated 4 December 1998 and charge sheet dated 21 September 1999 are void and that consequently the judgment of conviction, decision of the appellate Court and orders of this Court are non est The petitioner has sought reinstatement in service and the initiation of criminal and/or departmental proceedings against the investigating officer, sanctioning authority and vigilance officer.