STATE OF HARYANA Vs. N C TANDON

JUDGEMENT

(1.) THIS appeal by the State is directed against a judgment of the Punjab and Haryana High Court setting aside the conviction of the respondent herein in respect of offences under S. 5 (2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act, 1947 and S. 161, Penal Code on the sole ground that the sanction for his prosecution had not been accorded by a competent authority.

(2.) N. C. Tandon, respondent was a civilian in the defence service in the rank of temporary Superintendent Building and Roads, Grade I. It was alleged that he had accepted illegal gratification of Rs. 300.00 from one Brij Bhushan Lal. Contractor on 11-3-1971 as a motive or reward for doing an official act. The Contractor was at the material time doing the constrution of main sewers in Chandigarh Cantonment near Panchkula. The respondent's duty was to supervise that construction. The respondent, it is alleged, demanded the bribe as a reward for recording correct measurements. Brij Bhushan Lal did not, in fact, want to pay the gratification. He, therefore, informed the Special Police Establishment authorities who on 10-11-1971 trapped the accused and allegedly recovered the tainted money from his possession.

(3.) AT the outset, we may notice the general principles which govern the sanction for prosecution in such cases.