LALJIBHAI SHIVSHANKER TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this revision, the order dated June 26, 2000 of the Special Judge, Junagadh is under challenge. In the impugned order, the learned Special Judge has rejected the application of the accused/revisionist for dropping the proceedings against him, on the ground that, the sanction for prosecution is invalid because, it was not granted by the appointing Authority who is competent to order his dismissal.

(2.) The brief facts giving rise to this revision are that, the revisionist is being prosecuted on charges under Secs. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988. The impugned order shows, that the charges under the aforesaid Sections have been framed against the accused/revisionist.

(3.) Afterwards he moved an application that, since the sanction to prosecute him is illegal, the case under the Prevention of Corruption Act may be dropped in view of Sec. 19 of the Prevention of Corruption Act. In short, the contention of the revisionist in the lower Court was that, the sanction for prosecution under Sec. 19(1) of the Prevention of Corruption Act (for short, 'the Act') was granted by the Deputy District Development Officer, who is subordinate in rank to the District Development Officer who is actually the appointing Authority. The sanction is vitiated and is invalid, hence the proceedings against the revisionist are liable to be dropped.