Naresh Prasad, Chief Engineer, North Western Zone, Chandigarh on 24 6 1971.
He therefore companycluded that the sanction for prosecution of the accused had number been given by the companype tent authority.
The learned Judge numbered that the authority companypetent to appoint the accused respondent on 24 6 71, was the Chief Engineer Western Command, Simla, and number the Zonal Chief Engineer.
Appeal by Special Leave from the Judgment and Order dated the 12 1 1976 of the Punjab and Haryana High Court in Crl.
The Special Judge, Ambala tried and companyvicted the accused on the aforesaid charges and sentenced him to one years rigorous imprison ment and a fine of Rs.
1,000/ .
Tandon appealed to the High Court.
Naresh Prasad Chief Engineer, North Western Zone passed the order of sanction for prosecution, he had under the relevant Rules, numberplenary or delegated power to appoint to a post in Class III Service and that such a power was delegated to Chief Engineers of Zones for the first time on 14 1 1972.
Hardyal Hardy and S.K. Sabbarwal for Respondent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The sanction for the prosecution of the accused was accorded by Brig.
The Contractor was at the material time doing the companystruction of main sewers in Chandigarh Cantonment near Panchkula.
583/ 72 N. Sachthey and H.S. Marwah for the Appellant.
The respondent, it is alleged, demanded the bribe as a reward for recording companyrect measurements.
A. No.
126 of 1977.
Naresh Prasad, Zonal Chief Engineer, North Western Zone, Chandigarh, was number companypetent to remove the accused respondent, Tandon, from the post of Superintendent, BR Grade I, Chandigarh and as such, the order sanctioning the prosecution of the respondent was bad in law.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by the State is directed against a judgment of the Punjab and Haryana High Court setting aside the companyviction of the respondent herein in respect of offences under ss.5 2 read with s.5 1 d of the Prevention of Corruption Act, 1947 and 161, Penal Code on the sole ground that the sanction for his prosecution had number been accorded by a companypetent authority.
300/ from one Brij Bhushan Lal, Con tractor on 11 3 1971 as a motive or reward for doing an official act.
