PRABHAKAR GOVIND SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner in this case is an ex-Government servant. He had joined Government service as a surveyor in the Land Records Department in the year 1954 and in the year 1978, he was promoted to the post of Sheristedar in the City Survey Office III, Bombay Suburban District, Santacruz, Bombay. The petitioner opted for voluntary retirement in April 1980 after having put in a total period of 24 years of service. There is no dispute about the fact that competent authority of the Government by order dated 29-4-1980 permitted the petitioner to retire from service. It appears that right upto the year 1984, the finalisation of the petitioners pension was not completed. On 6-7-1984, the Anti-corruption authorities had raided the petitioners residence and it is the petitioners case that nothing incriminating was found and that he was informed, that there was certain investigations which were being carried on in relation to issue of F. S. I. by some builders and that there was a likelihood of the petitioner being required as a witness in relation to those cases. Thereafter, the petitioner appears to have made certain representation in relation to his pension case and on 27-12-1986, a certificate was issued to the effect that there was no proceeding pending against the petitioner. As late as on 27-3-1987, the petitioner appears to have finally received his pension papers after which he has been receiving his pension. The petitioner was also paid the arrears of pension and gratuity.

(2.) IT is the grievance of the petitioner that the State Government has granted sanction for the prosecution of the petitioner and that pursuant to the said sanction, three charge-sheets have been filed against him for various offences and that there was a likelihood of three more such prosecutions. It is relevant to point out that apart from the petitioner, there are several other accused in these cases. According to the averments in the petition, though three charge-sheets have been filed, the prosecution has been furnished with copies in only two of the cases i. e. Special Case No. 12 of 1986 and Special Case No. 24 of 1986. The present petition is confined to Special Case No. 12 of 1986 which arises out of C. R. No. 41 of 1984. It appears that the prosecution case is to the effect that certain offences were committed by the present petitioner and other pursuant to a criminal conspiracy during the period 7-9-1988 to 10-10-1988.

(3.) MR. C. J. Sawant, learned Counsel appearing on behalf of the petitioner with Mr. Shinde and Mr. Tawade has challenged the sanction order on one solitary ground alone viz. , that under Rule 27 of the Maharashtra Civil Services (Pension) Rules, 1982, there exists a statutory bar to the institution of any judicial proceedings against a Government servant in respect of events which took place more than four years before such institution. Admittedly, the sanction issued and the institution of the proceedings are both more than four years beyond the date on which the petitioner retired from service viz. , 30-4-1980. On this ground, it is the submission of Mr. Sawant that the sanction granted by the State Government for the petitioners prosecution is in contravention of Rule 27 (3) and is liable to be quashed by this Court.