STATE OF KERALA Vs. M M MANIKANTAN NAIR

JUDGEMENT

(1.) Leave is granted.

(2.) The respondent has been booked for trial along with another accused for offences punishable under Sections 120-B, 409, 468, 471 and 477 of IPC and Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988. The allegation against the respondent No. 1 was that while he was working as the Secretary of Melukavu Grama Panchayat along with another accused, who was the Head Clerk of the Panchayat, committed criminal conspiracy to misappropriate the funds of the Panchayat which was earmarked for construction of waiting sheds, Tribal training centres etc. and misappropriated large amount by creating bogus receipts and bills and thereby committed the above offences. Initially the respondent was placed under suspension and subsequently was allowed to retire from service on attaining superannuation.

(3.) The respondent filed a revision petition under Section 482 of the Criminal Procedure Code before the High Court of Kerala for quashing the said criminal proceeding on the ground that there was no sanction to prosecute him as required under Section 122 of the Kerala Panchayat Act. That petition viz. Crl. M. C. No. 1137 of 2000 was dismissed by the learned single Judge of the High Court by judgment dated 31st May, 2000 on the grounds that there was proper sanction to prosecute the respondent and a prima facie case was made out against him. Subsequently, a miscellaneous petition was filed in the above criminal case by the respondent for clarification of the above order. This petition was finally allowed by the impugned order dated 13-7-2000 by the same learned Judge holding that there was no proper sanction from the competent authority and, therefore, no cognizance could have been taken against him. Being aggrieved, the State has approached this Court.