M P STATE Vs. PRADEEP KUMAR GUPTA

JUDGEMENT

(1.) This appeal is filed at the instance of the State impugning the order of the High Court dated 17.12.2004 whereby the High Court in a revision filed before it was pleased to held that sanction for prosecution which was granted to the Respondent, Sh. Pradeep Kumar Gupta was invalid and High Court was pleased to quash the same.

(2.) In coming to the said finding, the High Court, inter alia, held that Sh. Pradeep Kumar Gupta, (hereinafter called the Respondent), was posted as an Engineer in Municipal Corporation of Ujjain and was a public servant and can be removed from the said post by the Mayor-in-Council under the relevant provisions of the Madhya Pradesh Municipal Corporation Act and the sanction for prosecution granted by the State Government is invalid and incompetent.

(3.) In support of the said finding, the High Court, inter alia, relied on a judgment of Ashok Baijal v. M.P. Government reported as, 1998 Cri. L.J. 3511.