SANJAY BHATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was declared successful in the All India Civil Services Examination conducted in the year 1985 and he was allotted Indian Police Service (I.P.S.). He was allocated to the State of Haryana as his cadre. He was posted as Superintendent of Police (Commando) at Karnal, where he remained posted till November 10, 1992. While he was posted as S.P. (Commando) at Karnal, a raid was conducted at his residence, pursuant to which F.I.R. No. 585/92 was registered against him on November 7, 1992 under Sections 7 and 13 of the Prevention of Corruption Act. The allegations as per the F.I.R. were that he had received bribe for appointment of Commandos. It is further the allegation that a sum of Rs. 1,50,000/- was found from the residence of the petitioner. After the F.I.R. was registered, sanction was obtained from the State of Haryana vide order dated June 22, 1993 (Annexure P6). In pursuance of the sanction having been granted by the State of Haryana, report under Section 173, Cr.P.C., was submitted before the Judge, Special Court, Karnal, who charged the petitioner under Sections 7 and 13 of the Prevention of Corruption Act, vide order dated November 8, 1994 (Annexure P9).

(2.) THE petitioner has challenged the order (Annexure P9), vide which he was ordered to be charge-sheeted under Sections 7 and 13 of the Prevention of Corruption Act, and face trial thereunder.

(3.) IT is the admitted case of the parties that the petitioner was appointed by the Central Government as an Officer of the Indian Police Service and was allocated to the State of Haryana. The power to grant sanction in view of the provisions to Section 19(1)(a) and 19(2) of the Prevention of Corruption Act could only be given by the Central Government as it was the Central Government which was the appointing and removing authority of the petitioner.