BRAMHA SWAROOP SAINI Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been preferred against the order-dated 11/03/2010 passed by Special Judge [under the Prevention of Corruption Act, 1988] (for short the 'Act'), Bhopal in Special Case No. 07/2010, rejecting preliminary objection regarding sanction, as contemplated under Section 19(1) of the Act, for prosecution of the Petitioner in respect of the offence punishable under Section 13(1)(e) read with 13(2) thereof.

(2.) Allegations against the Petitioner, in substance, are that while working as Executive Engineer in Division No. 1 of the Madhya Pradesh Housing Board, a statutory body created under Section 3 of the MP. Griha Nirman Mandal Adhiniyam, 1972, at Bhopal, he committed criminal misconduct by acquiring assets, disproportionate to his known sources of income for which he could not satisfactorily account. However, the charge sheet was submitted at the time when he was posted as Executive Engineer of Division No. 5 of the Board at Bhopal only.

(3.) A bare reading of the impugned order would show that the objection raised against taking of cognizance of the offence without previous sanction was overruled in view of the fact that the Petitioner had ceased to hold office of the Executive Engineer, Division No. 1, allegedly abused or misused by him. For this, learned Special Judge placed implicit reliance on the following observations made by the Apex Court in Parkash Singh Badal v. State of Punjab, 2007 1 SCC 1 -