STATE Vs. KRISHANCHAND KHUSHALCHAND JAGTIANI

JUDGEMENT

(1.) Leave granted Heard counsel for the parties.

(2.) Respondents, K. K. Jagtiani, was an Assistant Engineer in the service of the Municipal Corporation, Greater Bombay. On the basis of a complaint received, a trap was laid. The respondent was caught accepting the money. The Municipal Commissioner granted sanction for prosecuting the respondent and another employee under Section 5 of the Prevention of Corruption Act, 1974 [the Act] and Sections 161 and 165 of the Indian Penal Code on January 4, 1988. On that date, the respondent was in receipt of basic minimum salary which was less than Rupees twelve hundred per month. In due course, a chargesheet was filed against the respondent in the Court of Special Judge, Greater Bombay under Sections 5(1) (d) and 5(2) of the Act and Sections 161 and 165 of the Indian Penal Code. The learned Special Judge took cognizance of the offences and framed charges. The respondent raised a preliminary objection that the sanction granted by the Municipal Commissioner without obtaining the previous approval of the Standing Committee of the Corporation is not valid and competent in law inasmuch as the Municipal Commissioner by himself was not competent to remove him. The learned Special Judge overruled the objection, which was challenged by the respondent by way of a writ petition in the Bombay High Court. a learned Single Judge has upheld the objection and allowed the writ petition.

(3.) Section 6(1) (C) of the Act, insofar as it is relevant, reads: