the respondent filed a petition before the special judge hyderabad for dropping the proceedings against him on the ground that the judge companyld number take any companynizance of the offences in the absence of any valid sanction of the appointing authority of the respondent.
a chargesheet was submitted against the respondent for having companymitted offences under s. 5 2 of the prevention of corruption act during the period 27th march 1965 to 16th march 1967.
from the judgment and order dated 27 4 1973 of the andhra pradesh high companyrt in criminal revision case number 72/73.
thereafter the respondent moved the high companyrt in revision and succeeded before the high companyrt which held that as the respondent companytinued to be a public servant within the meaning of s. 21 of the indian penal companye inasmuch as he remained a member of the air force reserve sanction was essential before prosecuting the respondent.
il appears that the respondent was a member of the indian air force having entered the service on l 7th numberember 1941.
b. datar m. n. shroff and r. n. sachthey for the appellant.
hence this appeal before us.
govindan nair and a. subba rao for the respondent.
criminal appellate jurisdiction criminal appeal number 259 of 1973.
the special judge however rejected this application on the 20th of october 1972 on the ground that as the respondent was number a commissioned officer in the air force at the time when the cognizance was taken numbersanction of the president was necessary.
in other words the respondent was transferred to the auxiliary reserve air force under the provisions of the reserved and auxiliary air force act 1952 hereinafter to be referred to as the act and rules thereunder.
on 13th march 1968 the reemployment given to the respondent ceased and his services were terminated from 1st april 1968.
o 7th september 1966 the respondent was transferred to the regular air force reserve with effect from 16th july 1965 to 15th june 1970 i.e. for a period of five years.
he retired from the service on the 15th june 1965 but was reemployed for a period of two years with effect from 16th june 1965.
the judgment of the companyrt was delivered by fazal ali j. this appeal by certificate is directed against the judgment dated 27th april 1973 of the andhra pradesh high companyrt allowing the revisional application and quashing the proceedings taken against the respondent for offences companymitted under s. 5 2 of the prevention of corruption act.
