BASKARAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the accused in Special Case No. 4 of 2009 on the file of the Special Court under the Prevention of Corruption Act cum Chief Judicial Magistrate. He is facing prosecution for offences under Section 7 and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'the Act'). The respondent laid the final report after obtaining sanction as required under Section 19 of the Act from the Revenue Divisional Officer, Madurai. The petitioner, thereafter, filed Crl.M.P. No. 726 of 2009 before the Special Court seeking discharge from the case on the ground that the cognizance taken by the Special Court is not valid, inasmuch as there was no valid sanction issued by the competent authority to remove the petitioner from service as dealt with in Section 19 of the Act. The said petition was dismissed by the lower Court by the order dated 25.05.2011. Challenging the same, the petitioner is before this Court with this petition.

(2.) I have heard the learned counsel for the petitioner, the learned Additional Public Prosecutor for the respondent and I have also perused the records carefully.

(3.) IN this case, according to the learned counsel, since the appointment was made by the Commissioner of Revenue Administration, the Revenue Divisional officer, Usilampatti, who is only a subordinate to him is not competent to grant sanction as required under Section 19 of the Act and therefore, the order taking cognizance based on the said sanction order is void.