T SRIJNIVASAN Vs. STATE

JUDGEMENT

(1.) IN this petition filed under Section 482 of the Cr. P. C. , the petitioner, who is accused in Special Case No. 7 of 1989 on he file of the Court of xxi Additional City Civil and Sessions Judge and Special Judge for CBI cases, Bangalore City, has requested to quash the proceedings in said case. After notice, the respondent appeared through its learned standing Counsel. So, heard both sides and perused the records.

(2.) THE only ground urged for the petitioner-accused to quash the proceedings is that the sanction to prosecute the petitioner-accused is not valid since, according to him, the authority, which has given sanction for his prosecution, is not the Competent Authority, as could be seen from the statement of P. W. 1-Dr. Sheela, who has given sanction. However, it was submitted for the respondent that the sanction given does not suffer from any infirmity and the statement of P. W. 1 does not help the petitioner-accused in any way to hold that the sanction is invalid.

(3.) THE facts, which are not in dispute, are: The petitioner was previously working in the Postal and Telegraph Department upto february 1976 and in the month of February 1976, he got opted and absorbed in the C. G. H. S. Unit coming under the Union Ministry of health and Family Welfare, which is a regular department and thereafter, he was holding the post of Pharmacist in C. G. H. S. (Central government Health Scheme) at Bangalore and working as such during the relevant period between 1-4-1982 to 24-2-1983, in which period the offences were alleged to have been committed by him and the sanction for his prosecution was given by the Deputy Director, C. G. H. S. i. e. , Dr. Sheela-P. W. 1, who was working in that capacity then. It is also an admitted fact that the petitioner-accused was working as storekeeper, central Stores in C. G. H. S. at Jayanagar in the year 1988 and the said post was designated as Pharmacist coming in Group 'c' posts and, that the appointing authority in respect of the post held by the petitioner was the Director, Telecommunications when he was working in P and T department upto February 1976 and, that the post of Director of telecommunications is equivalent to the post of Deputy Director in c. G. H. S. , having same scale of pay i. e. , Rs. 3,700. /- to Rs. 5,000/- at the relevant time. Further, as per the schedule of powers, the Deputy director in C. G. H. S. , Bangalore, was the Head of office vested with the authority of appointment as well as removal or dismissal of an employee, who held Group 'c' post.