RAJ NARAIN VERMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision under Sections 397/401 of the Code of Criminal Procedure against the judgment and order dated 17.8.1998, passed by the Special Judge, Anti Corruption (Central), U. P. Lucknow in Criminal Case No. 1 of 1993, State v. R. N. Verma ; R. C. No. 28 (A)/91 CBI/LKO/U/S. 7, 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988.

(2.) I have heard Shri L. P. Shukla, advocate for the revisionist and Shri Bireshwar Nath, for the Central Bureau of Investigation and Shri C. P. M. Tripathi for the State.

(3.) ACCORDING to the aforesaid provisions the authority competent to remove the revisionist can grant sanction for prosecution under the aforesaid Act. On the issue of no valid sanction, Dr. K. G. Mishra, who had granted the sanction was examined before the Special Judge (Anti-Corruption). He has given the statement that he is not the appointing authority of Class-III staff. He has given statement that the appointing authority is the Divisional Personnel Officer but he is senior to the Divisional Personnel Officer in rank. The accused-revisionist challenged this sanction on two grounds ; firstly, that the Chief Medical Superintendent (Northern Railway) Dr. K. G. Mishra was not competent to remove the revisionist and, therefore, he was not legally authorised to grant sanction of prosecution and secondly ; the sanctioning authority has not applied its mind.