S K BHATIA Vs. C B I

JUDGEMENT

(1.) Short question pressed by the learned Counsel for the petitioner in this petition seeking setting aside of the order dated 7th October, 2002 whereby charges were framed for the offences punishable under Sections 13(l)(e) and 13(2) of the P.C. Act, 1988 for having acquired assets disproportionate to the known source of his income is whether the sanction for prosecution was granted by a Competent Authority or not.

(2.) According to the charge-sheet filed by the prosecution on the basis of the investigation the petitioner started his career as Junior Engineer with CP WD on 21 st September, 1978 in the pay scale of Rs. 425-700 which was subsequently revised to Rs. 1640-2900 and he served in various divisions of CPWD and in March, 1988 he joined Appropriate Authority Income Tax Department at Janpath New Delhi on deputation. Admittedly the sanction for prosecution has been granted by the Superintending Engineer of Appropriate Authority of the Income Tax Department, a borrowing department. Incidentally said Superintending Engineer was also on deputation. Section 19(l)(e) of P.C. Act provides that no person can be prosecuted under this Act unless sanction therefore is granted by an authority who is competent to remove the said person. It reads like this:

(3.) It is contended by Mr.Manish Vashishth, learned Counsel for the petitioner that the only Competent Authority to remove the petitioner was the Superintending Engineer of CPWD, the parent department of the petitioner and not the Superintending Engineer of Appropriate Authority of Income Tax, a borrowing department and, therefore, the sanction granted by the Superintending Engineer of Income Tax Department is not a valid sanction in the eyes of law and as such has the effect of quashing the proceedings. It is further contended that had the petitioner been absorbed in the Income Tax Department, Superintending Engineer of Income Tax Department was competent to remove him and in that case the sanction granted by such an authority could alone be the valid sanction.