ONKAR CHAND PRASHAR Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this petition are that the petitioner Mr. Onkar Chand Prashar was working as Tehsildar in Delhi Development Authority (D.D.A.) during the period of Emergency. The task entrusted to the petitioner along with Mr. K.K. Nayar, the then executive officer and others related to the shifting of the various people from urban areas of Delhi to resettlement colonies. Certain complaints were made against the petitioner, and the other co-accused and a case F.I.R. No. 96/76 under Sections 420,468,471 and 120-B Indian Penal Code read with Section 34 and under Section 5 [2] of the Prevention of Corruption Act was registered on the allegations that he along with the other co-accused persons entered into a conspiracy to earn money byillegal means by receiving false possession slips in the names of fictitious persons or in the names of persons who were not squatters on the Government land. The sanction for prosecution as required under Section 197 Cr.P.C. and Section 6 [1] [c] of the Prevention of Corruption Act was accorded by Mr. M.N. Buch, the then Vice Chairman of the D.D.A. on 12.1.1979.

(2.) The petitioner challenged that sanction, as accorded by the Vice Chairman of D.D.A. by filing anapplication on 3.2.1987 before the Special Judge mentioning therein that the Vice Chairman of D.D.A. was not competent to accord sanction on 12.1 -1979 and that the proceedings are liable to be quashed on that ground alone.

(3.) The application filed by the petitioner was rejected by the Special Judge vide his order dated 3.6.1987. Aggrieved by that order, the petitioner has filed this petition.