CENTRAL BUREAU OF INVESTIGATION Vs. V K SEHGAL

JUDGEMENT

(1.) Leave granted.

(2.) The High Court of Punjab and Haryana has rescued a public servant from bribery offence solely on the ground of want of valid sanction. Evidently the attention of the learned single Judge of the High Court, who set aside the conviction and sentence, was not drawn to the intervened changes in law regarding sanction for prosecuting a public servant under Prevention of Corruption enactments. Central Bureau of Investigation (CBI for short) and the State of Haryana have filed the special leave petitions in challenge of the aforesaid judgment of the High Court.

(3.) First respondent was the accused in the case. He was working as Section Officer in the office of the Defence Pension Disbursement Section. He was challanned by the CBI on the allegation that he demanded and collected an amount of Rs. 200 from a pensioner as reward for disbursing the arrears of pension due to him and that the accused was trapped in the process of receiving the aforesaid amount of bribery on 20-12-1984. After trial the Special Judge, Ambala (Haryana) convicted the accused by its judgment dated 30-8-1990, under S. 161 of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to undergo rigorous imprisonment for two years besides payment of fine.