A. V. SEKAR Vs. STATE

JUDGEMENT

(1.) The petitioner is the sole accused in the case in Special C.C.No.1 of 2019 facing trial for offences under Section 13(2) 13(1)(e) of Prevention of Corruption Act, 1988.

(2.) The brief facts of the case is that the petitioner is an employee of the Chennai Metropolitan Water Supply and Sewerage Department. He joined the Corporation of Chennai as Overseer on 09.05.1978 and thereafter, the State Government created a new department for Water Supply and Sewerage. The petitioner, who was serving in the Drainage Section, was posted in the aforesaid department. During the period from 01.01.1998 to 31.12.2005, he served as Junior Engineer in Chennai Metropolitan Water Supply and Sewerage Board, he was in possession of pecuniary resources of property disproportionate to his known sources of income to the extent of Rs.27,75,884/- and that he could not satisfactorily account for the same. Hence, the petitioner committed the offence under Sections 13(2), 13(1)(e) of Prevention of Corruption Act, 1988.

(3.) The FIR in this case was lodged on 07.12.2012 by the respondent police and the final report was filed on 15.03.2018. As stated earlier, the check period in the case was between 1998 and 2005. Nearly 20 years later, the charge sheet is filed. The prosecution sought for sanction originally on 18.09.2014, however, the Department has accorded sanction only during November 2017. The sanction order indicates that there was a final letter from the respondent police to the department on 03.10.2017 and it appears that sanction was granted after this letter on 02.11.2017 by the Managing Director of Chennai Metropolitan Water Supply and Sewerage Board, Chennai.