DILIP KUMAR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Correctness and sustainability of order dated 06.04.2018 passed in Writ Petition (Cr.) No.355 of 2017 is put to challenge in this writ appeal. The Appellant has questioned the grant of sanction dated 17.05.2017 passed by Respondent No.5 for prosecution of the Appellant under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act of 1988') in the writ petition, which came to be dismissed.

(2.) Facts of the case in nutshell are that, the Appellant was working as Technical Assistant with Respondent No.4 i.e. Chhattisgarh State Ware Housing Corporation Raipur and was posted as Godown In-charge at Ware Housing Corporation, Balod. On anonymous complaint, Anti Corruption Bureau registered Crime bearing No.9/2015 mentioning therein the allegation with regard to the illegal recovery of amount from rice millers. As the Appellant was working as public servant, the Investigating Agency moved an application under Section 19 of the Act of 1988 for grant of sanction for prosecution of the Appellant. Initially the application for grant of sanction was refused, but subsequently sanction was ordered.

(3.) In the writ petition, the Appellant has challenged the grant of sanction of his prosecution in Crime No.15/2015 registered by Anti corruption Bureau, Raipur for offence under Section 13(1)(e) and 13(2) of the Act of 1988. The challenge was on the ground that the Sanctioning Authority rejected the application under Section 19 of the Act of 1988 vide order dated 29.07.2016 by a reasoned order, but subsequently, on letter dated 29.08.2016 (Annexure P/5) written by Additional Director General, Anti Corruption Bureau, Respondent No.5 has granted sanction for prosecution of the Appellant in Crime No.15/2015 vide order dated 17.05.2017.