RAJESHKUMAR SACHIDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner original accused No. 1 in Special Case No. 5/80 has come against the order below his application Ex. 35 passed by the Special Judge, Ahmedabad, rejecting that application and holding that the sanction for prosecution given under section 6 of Prevention of Corruption Act is given by the competent authority and after due application of mind.

(2.) The petitioner, accused No. 1, is an employee of the Cotton Corporation of India Ltd., a Central Government undertaking. The petitioner was appointed in November 1972 as Cotton Selector and in October 1973 as Cotton Inspector and on 21st October 1976 as Assistant Manager. This appointment was by the Managing Director Shri N.S. Kulkarni Ex. 47. The present order granting sanction Ex. 43 is also issued the by Chairman-cum-Managing Director Shri N.S. Kulkarni. Thus, the sanction is given by the same person and authority which appointed the petitioner as Assistant Manager.

(3.) At Ex. 42 are 'The Cotton Corporation of India Ltd.'(Conduct, Discipline and Appeal Rules, 1975. These were the draft Rules. Under rule 3(f) and (g) the 'Disciplinary Authority' and 'Competent Authority' are defined and upto the maximum revised pay-scale of Rs. 2,000/- the Managing Director is the appointing authority as well as disciplinary and competent authority to impose the punishments including the punishment of removal.