M NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CRIMINAL Petition No. 1232/2001 is filed against the order passed in Special Case No. 43 of 1995 on the file of the Special Judge cum Principal Sessions Judge; Belgaum.

(2.) THE petitioner in Crl. P. 1232/2001 is charge-sheeted for an offence punishable under Sections 7, 13 (1) (d) of the Prevention of Corruption Act by the Lokayukta Police, Belgaum on the allegation that the petitioner is employed as Assistant Engineer, K. E. B. Belgaum Division. While discharging his official duties alleged to have demanded and accepted illegal gratification of Rs. 30000/- from one Abbasaheb Surendra Hulamani a K. E. S. Contractor to get his bill sanctioned. The Lokayuktha Police laid the trap successfully, on completion of investigation, obtained the sanction order from the Chief Engineer Electricity (General) Bangalore, K. E. S. and filed the charge sheet.

(3.) THE accused made an application I. A. I. under Section 227, Cr. P. C. seeking discharge on the ground that no valid sanction is obtained for prosecution under Section 19 of the Prevention of Corruption Act. 3a. Before the trial Court, the ruling of this Court in Criminal Petition No. 821/96, Jaffar Khan v. State by Police Inspector Bureau of Investigation, Karnataka Lokayukta was relied on in support of the contention that the employees of the K. E. B. are governed by the Karnataka Electricity Board Employees' (Classification, Disciplinary and Control and Appeal) Regulations, 1987 and Regulation 14a. Sub-clause (e) empowers the Board to impose the penalty on the delinquent employee whose alleged misconduct investigated into by the Lokayuktha, therefore argued that sanction accorded by the Chief Engineer is invalid and that the Board alone is competent to accord sanction. The trial Court rejected I. A. I. Being aggrieved, the present petition is filed.