STATE OF PUNJAB Vs. DR. NIRANJAN SINGH DHILLON

JUDGEMENT

(1.) DR . Niranjan Singh Dhillon of the State Medical Service Class I, is being prosecuted for criminal misconduct alleged to have been committed by him in the discharge of his official duties while posted as Senior Medical Officer, Incharge Civil Hospital, Batala. It is not necessary to state what misconduct is alleged against him as the sole question that I am deciding at this stage is as to whether the sanction of the States Government for his prosecution has been validly given, since Section 6 of the Prevention of Corruption Act, 1947, as amended up to date (hereinafter called the .. Act) enjoins that no Court is to take cognizance of an offence of the type alleged against the accused unless there is a previous sanction of the State Government in this regard. The accused admittedly is a public servant not removable from his office, save with the sanction of the State Government. The impugned sanction appears in the document, Exhibit P.A., which purports to be an order of the Governor of Punjab made on 17th September, 1970. It reads as under:

(2.) THE sanction as required by Section 6(l)(b) is to be of the State Government. This provision of law is in the following terms:

(3.) SHRI Banwari Lal Kakar, I.A.S., appeared as C.W. 1 and deposed that he, was Secretary to Government, Punjab, Health and Family Planning Department and granted the sanction (Exhibit P.A.) in his capacity as such. He did so, according to his statement, after satisfying himself that prima facie a case was made out against the accused. It was then that an order in the name of the Governor was issued. He also deposed that in terms of the rules of business, standing order was issued by the Minister for Health on 27th June, 1970, and according to the standing order, all papers pertaining to the institution of criminal cases against P.C.M.S. Officers, Class I or Class II, could be disposed of by him at his own level without reference to the Minister. The standing order is Exhibit C.W. 1/A, and to the following effect: - -