ASHOK BAIJAL Vs. M P GOVERNMENT

JUDGEMENT

(1.) This revision is directed against the order dated 30-8-1997 passed by the Special Judge, Indore in Special Case No. 1 of 1997 dismissing accused/applicant's objection application challenging the validity of the sanction for his prosecution accorded by the State Government under Section 19(1)(c) of the Prevention of Corruption Act, 1988 (for short, the Act, 1988).

(2.) The applicant accused is an Assistant Engineer employed in the Municipal Corporation, Indore. The Special Police Establishment, Indore has filed a charge sheet against the accused applicant in the Court of Special Judge, Indore for his prosecution on the charges under Section 13(1)(e) and Section 13(2) of the Act, 1988 for allegedly possessing property disproportionate to his known sources of income. Sanction for prosecution of the applicant under Section 19 of the Act has been granted by the State Government, Department of Law and Legislature Affairs, Bhopal vide order dated 1-3-1997.

(3.) On appearance, the applicant accused filed objection application challenging validity of the sanction order on the ground that the State Government are not the authority competent to remvoe the applicant from his services and as such no sanction for his prosecution in terms of Section 19(1)(c) of the Act could be accorded by the State Government. The Court below after hearing both the sides dismissed the objection application holding that the State Government being higher authority than the Municipal Corporation, could in law accord sanction for prosecution.