THE STATE OF MAHARASHTRA Vs. KALU SITARAM MANE

JUDGEMENT

(1.) THIS is an appeal preferred against the judgment and order dated 07.12.1999 rendered in Special A/C Case No. 6 of 1991 by the Special Judge, Pune, thereby dropping the prosecution case against the respondent initiated for the offence punishable under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act).

(2.) BRIEFLY stated, facts of the case are as under :

(3.) LEARNED APP has submitted that it is well settled law that validity of sanction can be proved in either of the two ways, namely by examining as a prosecution witness the sanctioning authority or proving the application of mind from the contents of the sanction order itself. She submits that since the sanctioning authority, Mr. S.Y. Kulkarni, the then Director, Superintending Engineer, was bed ridden and unable to personally attend the Court for giving his testimony, the prosecution adopted the method of proving the facts relating to issuance of sanction and the contents of the sanction order by examining P.W.4 Sham Kulkarni, the then Superintendent, working in the office of Director of Irrigation and Research at Pune. She submits that even though Mr. S.Y. Kulkarni directed P.W.4 Sham Kulkarni to go through the proposal received from Anti Corruption Bureau and submit his noting in the matter, Mr. S.Y. Kulkarni, who had issued the sanction order vide Ex. 44, did not use the noting at all and by carefully perusing all the papers that were forwarded to him along with the proposal of Anti Corruption Bureau, accorded the sanction vide Ex.44. In support, she has taken me through the contents of the sanction order vide Ex.44, which, according to her, disclose that there was application of mind on the part of Mr. S.Y. Kulkarni to the material facts of the case thereby exhibiting a proper satisfaction on his part for issuing the sanction order. Therefore, she submits that the learned Special Judge has committed a serious illegality in recording a finding that the sanction given in the present case was invalid.