T GURUSWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant herein was convicted under Section 5(1) (a) read with section 5(2) of the PREVENTION OF CORRUPTION ACT, 1947 by the learned Special Judge for Special Police Establishment Cases, City Civil Court at Hyderabad in Calander Case No. 14 of 1977 on his file and sentenced to undergo rigorous imprisonment for a period of three years.

(2.) The accusation against the appellant is that while he was employed at Hyderabad as Section Officer in the office of the National Mineral Development Corporation, an undertaking of the Government of India hereinafter referred to as the N.M.D.C., for short, from 14-6-1972 and 7-2-1973, he habitually accepted or obtained, illegal gratification from P.Ws. 1, 2, 6, 8, 14, 4, 13, 15, 11, 12, 19 and one Venkata Reddy as a motive or reward for securing jobs for them in the N.M.D,C. by making a false representation to them that he was Assistant Administrative Officer of the N.M.D.C. The appellant was also accused of having received illegal gratification in a sum of Rs. 170/- from P.W. 1 on 24-11-1972 and a sum of Rs. 700/-by way of cheque from P.W. 16 on 23-12-1972, for recommending to the Administrative Officer of the N.M.D.C. to secure jobs to P.W.21 & D.W. 3. As the appellant was subsequently appointed as Assistant Administrative Officer of the Geological Survey of India on selection by the Union Public Service Commission, he resigned the post of Section Officer in the N.M.D.C and joined in the new post at Jaipur Rajasthan State on 7-3-1973. In and by his order, Ex.P. 62 dt. 22-8-1975, the Director General of Geological Survey of India accorded sanction under Sec. 6(1) (c) of the Act for prosecution of the appellant for the offence punishable under Section 5(2) read with section 5(1) (a) of the Act. After completion of investigation into the case on 4-3-1976, the charge-sheet was filed against the appellant and the case was taken on file by the learned Special Judge on 21-1-1976.

(3.) It was urged by the learned counsel for the appellant that the appellant being a public servant both at the time when the offence was alleged to have been committed by him and at the time when the same was taken cognizance of by the Court prior sanction for prosecution of the appellant, from the authority competent to remove him from his office at the time when the offence was alleged to have been committed as required under Section 6(1)(c) of the Act, was necessary, that such sanction by the competent authority of the N.M.D.C. to remove him from his office was not obtained, that the sanction of the Director General of the Geological Survey of India for prosecution of the appellant was invalid, that the entire trial of the appellant was vitiated and that the conviction of the appellant was, therefore, liable to be set aside.