STATE OF KARNATAKA Vs. H RANGAHANUMAIAH

JUDGEMENT

(1.) This revision is by the State against the order dated 1.10.05 passed by the Special Judge, Bangalore Urban District, Bangalore in Spl. Case No. 67/04.

(2.) The respondent-accused was charge-sheeted for the offences punishable under Section 13(1)(e) readwith Section 13(2) of the Prevention of Corruption Act, 1988 alleging that he being the Junior Engineer (Electrical) in North sub-Division, BESCOM, Bangalore, has amassed wealth disproportionate to his known source of income which works out to 146% excess wealth than the known sources of income and accordingly, after obtaining sanction from the Superintending Engineer (Electrical), charge-sheet was laid. Accordingly, cognizance was taken and summons was issued by the learned Special Judge and on the preliminary objection raised by the accused regarding the competency of the sanctioning authority, it was tried as a preliminary issue and after enquiry, having found that the person who accorded the sanction is not competent, has come to the conclusion that the sanction accorded is invalid and illegal and accused was discharged by giving liberty to the complaint to move the Court after obtaining valid sanction by the Competent Authority. The said order is under challenge.

(3.) Heard.