(1.) This criminal revision is directed against the order dated 6/04/2000 passed in Special Criminal Case No. 18/97 by the Special Judge, Bhopal authorised under the Prevention of Corruption Act, 1988 (for short "the Act") to try the cases arising out of the Act.
(2.) The undisputed facts of the case are that the petitioner was posted as the Managing Director of M. P. Rajya Beej Evam Farm Vikas Nigam (for short "the Nigam"). He is being tried under Sections 7 and 13(1)(d) read with Section 13(2) of the Act because it was alleged that he had taken bribe of Rs. 15,000/- from complainant Karamveer Singh.
(3.) The charge-sheet discloses that sanction for prosecution of the applicant as per Section 19 of the Act was granted by the Board on 24-10-97. The sanction order shows that on 22-3-97 when the alleged offence was committed, the applicant was working as Managing Director of the Nigam. It also appears from the sanction that initially he was an empolyee of the aforesaid Nigam as General Manager (Engineering), and he was posted as a Managing Director in absence of the Managing Director to be appointed under Section 12 of M.P. Rajya Beej Evam Farm Vikas Nigam Adhiniyam, 1980 (for short "the Adhiniyam"). It appears that there was a discussion in the meeting regarding power to the Board to grant sanction and the Board was advised that it had power to do so. Accordingly, the sanction was granted. It appears that the basis for the legal advise rendered to the Board was perhaps because the applicant was the regular employee of the Nigam and he was governed by the rules framed under the Adhiniyam.