KAILASH CHAND CHHIPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A charge sheet for the offence under Sec. 7 and 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short "the Act") and Section 120-B IPC was filed against the petitioner before the Court of the Special Judge, Prevention of Corruption Act, Jaipur. It has been alleged that while working as Junior Accountant, Panchayat Samiti, Doodu, the petitioner demanded a sum of Rs. 300/- from one Gopal Lal Soni for payment of sanctioned amount to the said Gopal Lal Soni in Indira Avaas Yojna. After being trapped, a sum of Rs. 300/- was recovered from the pocket of the petitioner.

(2.) AFTER filing of the charge sheet, the petitioner submitted an application under Sec. 19 of the Act before the trial court on 18. 5. 1999, alleging therein that since the sanction for prosecution was granted by the competent authority under pressure the proceedings against the petitioner may be dropped. The application was rejected by the trial court vide order dated 17. 12. 1999, observing that, prima facie, the sanction granted by the competent authority seems to be justified.

(3.) MR. A. K. Gupta, the competent authority, who issued the sanction for prosecution, in his statement recorded before the trial court, has categorically stated that the letter for sanction was issued by him after thorough consideration of the entire material. It has further been stated by him that he was not under any pressure from any corner when the letter of sanction for prosecution was issued by him. It has further been clarified by MR. Gupta in his statement that, initially, some clarification was sought from the Finance Department in regard to issuing of such sanction for prosecution and only after the general clarification, as issued by the Finance Department, the whole matter was considered and the order of sanction for prosecution was issued by him. The order of sanction is also available on record, which contains the detail note prepared by the sanctioning authority.