JUVVAJI SRINIVASA RAO Vs. STATE

JUDGEMENT

(1.) Issuance of sanction order dt. 05.02.2006 by the Vice-Chancellor, Acharya Nagarjuna University, Nagarjuna Nagar, Andhra Pradesh, India, led to filing of present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to quash the proceedings in C.C. No. 28 of 2007 on the file of the Special Judge for SPE & ACB Cases, Vijayawada on the ground that taking cognizance of the matter on the basis of invalid sanction is bad in law. The facts in a nutshell are as under:

(2.) Heard the learned counsel for the petitioner and the learned Special Public Prosecutor and Standing Counsel for ACB.

(3.) The learned counsel for the petitioner mainly submits that Vice-Chancellor by himself is not a competent authority to accord sanction for prosecuting the petitioner. Relying on Section 19(7) of the Andhra Pradesh Universities Act, 1991, he contends that it is only the Board of Management, which shall have the power to appoint, dismiss, remove or suspend any member of non-teaching staff of the University and as such the Vice Chancellor cannot claim himself to be the person authorized to remove the accused. He would further contend that the sanction order does not even say that the Vice Chancellor was authorized by the Board/Council to accord sanction for prosecution. Thus, according to him, continuation of proceedings on the basis of sanction order, which is not in accordance with law, amounts to an abuse of process of law and seeks quashing of the said proceedings.