STATE OF RAJASTHAN Vs. A K DATTA

JUDGEMENT

(1.) The respondent was employed in 1961 as Officer-in-Charge, Desert and Gangetic Plains, Zoological Survey of India at Jodhpur. A criminal case was registered against him on December 31 1962 which was investigated by the Special Police Establishment, Jaipur. Ultimately a charge-sheet was filed against the respondent in the Court of the Special Judge for Rajasthan, Jaipur City. The Special Judge convicted him under Section 5 (1) (c) read with Section 5 (2) of the Prevention of Corruption Act and Section 471 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-. in default to suffer rigorous imprisonment for further one month, on the first count and on the second to undergo rigorous imprisonment for six months and to pay a fine of Rupees 100/, in default to suffer rigorous imprisonment for another one month. The sentences were directed to run concurrently. Sanction for prosecution of the respondent was granted on September 17, 1964 by the Ministry of Home Affairs, Government of India, signed by a Deputy Secretary "by order and in the name of the President".

(2.) In the appeal preferred by the respondent from the decision of the Special Judge, the Rajasthan High Court held that the Ministry of Home Affairs was not the competent authority to sanction prosecution of the respondent, allowed the appeal and set aside the order of conviction and the sentences passed on him. The appeal before us has been preferred by the State of Rajasthan questioning the correctness of the judgment of the High Court.

(3.) In exercise of the powers conferred by Article 77 (3) of the Constitution of India the President made the Government of India (Allocation of Business) Rules, 1961 in supersession of all previous rules and orders on the subject. In the impugned judgment the High Court refers to notification No. S. G. 2494 dated August 3, 1965 which amended the Government of India (Allocation of Business) Rules, 1961 by introducing entry 32A under the heading, Ministry of Home Affairs, which reads:-