SANJEEV TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner who holds the post of Assistant Manager in the office of respondent No.2 Madhya Pradesh Warehousing and Logistic Corporation (for short "Corporation") is before this Court in this petition filed under Article 226 of the Constitution praying for following reliefs:

(2.) The challenge is essentially laid to the order of suspension dtd. 24/11/2020 (Annexure P/6) and also to the order of grant of sanction for prosecuting the petitioner dtd. 2/9/2020 (Annexure P/4) for offences punishable u/S 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 (for brevity "PC Act"). Pertinently, the order of grant of sanction has been passed by M.P. Warehousing and Logistics Corporation, Bhopal.

(3.) The facts of the case reveal that petitioner was placed under suspension by order dtd. 19/2/2016 on the ground of filing of charge-sheet in Special Case No.09/2016 on 11/2/2016 for offences punishable u/S 7, 13(1)(d) and 13(2) of the PC Act pursuant to Crime No.440/2015 registered at Special Police Establishment, Bhopal. The trial Court while conducting trial under the PC Act by order dtd. 3/7/2018 quashed the order of grant of sanction for prosecution on the ground that the same has been granted by incompetent authority i.e. the Managing Director of the respondent Corporation and not by the Corporation. The trial Court passed the order on 3/7/2018 (Annexure P/2) which was followed by revocation of the suspension by order dtd. 29/5/2019 whereafter the competent authority i.e. the respondent Corporation passed the order of grant of sanction for prosecution on 2/9/2020 vide Annexure P/4 which thereafter led to passing of the impugned order of suspension dtd. 24/11/2020.