1186D. Whereas the Governor of Bihar has companysidered the facts stated in the F.I.R. and the letter No.
It appears that on May 7, 1957, the Supdt.
Now, therefore, the Governor of Bihar in pursuance of the provision laid down in section 5 of the said Act, 1947 is pleased to accord sanction to the prosecution of the aforesaid Shri Ram Sagar Pandit under the said section.
1195 Criminal, dated 25.3.1957 written by the Supdt.
220 to Rs.
The said sanctions show that the sanctioning authority has companysidered the facts stated in the First Information Report and the letter No.
200 to 450/ .
500/ .
In that companynection he had the opportunity to make money on both ends i.e. when they were purchased and when they were distributed.
In December 1949 he became Mechanical Assistant Engineer at Sabour and companytinued to hold that office till August 31, 1952.
of Police Bhagalpur F.I.R. of the case is attached herewith.
The appellant joined Government service in 1942 as a teacher in the Reformatory School, Hazaribagh, on a pay of Rs.
In 1945 he became a lecturer in Mechanics in Sabour Agricultural College, in which he served till November 30, 1949 in the scale of Rs.
The case of the prosecution is that during the years 1950 and 1952 the Government introduced a scheme called Grow More Food Scheme subsidized by it.
The appellant had a hand in the purchase of the sets and in the distribution of the same to various agriculturists.
Order No.
2250 D. Whereas the Governor of Bihar has companysidered the facts stated in the F.I.R. and the letter No.
1 and 3 of s. 5 of the Act.
of Police sent another letter to the Secretary of the Government of Bihar under s. 197 of the Criminal Procedure Code as well.
450/ .
It also narrates how during the years 1950 and 1952 huge quantities of pumping sets worth Rs.
On appeal the High Court accepted the finding of the Special Judge and companyfirmed the companyviction and the sentence passed on him.
The facts may be briefly stated.
Then he was reverted to the post of lecturer in mechanics in the Agricultural College in the scale of Rs.
On that finding the learned Judge companyvicted the appellant under Sub s. 1 read with Sub s 3 , of s. 5 of the Act, and sentenced him to undergo rigorous imprisonment for three years, and to pay a fine of Rs.
of Police, Bhagalpur, and the First Information Report of the case is attached herewith.
of Police.
The explanation offered by the accused for companying into possession of such large amounts is also given which appears, on the face of it, to be unacceptable.
The First Information Report was lodged by the Sub Inspector of Police.
750/ .
1136 D dated April 11, 1957, the Governor of Bihar, in pursuance of the provisions laid down in s. 6 of the said Act and under s. 197 of Criminal Procedure Code, is pleased to accord sanction to the prosecution of the aforesaid Shri Ram Sagar Pandit under the said sanction.
The sanction was given under sub s. 3 of s. 5 which lays down only a rule of evidence on a wrong assumption that the said sub section creates an offence.
During the year 1951 52 his Bank account and other evidence showed that he came into possession of a sum of Rs.
On March 25, 1957 and April 11, 1957 the Supdt.
By order of the Governor of Bihar Sd H.N. Thakur Joint Secretary to Government.
Under that scheme pumping sets were purchased by the Government and supplied to agriculturists on payment of 50 per cent of the companyt incurred by the Government.
On obtaining the sanction the appellant was put on trial before the Special Judge, Bhagalpur, for an offence punishable under s. 2 read with sub ss.
400 to the accused as illegal gratification in respect of the supply of the pumping sets as demanded by him.
A companyy each of the letter to the Supdt.
He had two wives and had three children by them.
The appellant took an illegal gratification during the implementation of the said scheme.
The sanction was given for prosecuting the appellant under sub s. 2 read with sub s. 3 of s. 5 of the Act, whereas he was companyvicted for a different offence under sub s. 1 of s. 5 with sub s. 3 .
66,832/7/3.
125/ and Rs.
125/ .
That letter in detail gives the financial position of the appellant, his meagre resources, large Bank balances and his possession of other funds.
By order of the Governor of Bihar Sd H.N. Thakur, 25.6.57 Joint Secretary to Government, Govt of Bihar, Development Deptt.
Subba Rao, J. This Appeal by Special Leave is preferred against the Judgment of the High Court of Judicature at Patna companyfirming the companyviction of the appellant under s. 5 of the Prevention of Corruption Act by the Special Judge, Bhagalpur.
And whereas the Governor of Bihar has reasons to believe, on a companysideration of the facts mentioned in the aforesaid documents that Shri Ram Sagar Pandit Lecturer number under suspension Sabour Agricultural College, Bhagalpur has companymitted offences under clause 2 read with clause 3 of section 5 of the Prevention of Corruption Act 1947 II of 1947 .
P. Code for the prosecution of the appellant under s. 5 2 and 3 of the Act in a proper criminal Court of law.
As the argument turned upon the scope of the sanction and the manner in which it was given it will be necessary to read it in extenso Government of Bihar Development Department Patna, April 11, 1957.
companyy enclosed through the Commissioner Bhagalpur Division and whereas the Governor of Bihar has reasons to believe on the companysideration of the facts mentioned in the aforesaid documents, that Shri Ramsagar Pandit, Lecturer number under suspension Sabour Agricultural College, Bhagalpur has companymitted offences under clause 2 read with clause 3 of section 5 of the Prevention of Corruption Act 1947 Act II of 1947 .
On receipt of that letter sanction was granted on June 25, 1957, in the following terms No.
of Police, Bhagalpur addressed to the Secretary to the Government of Bihar Development Dept.
Hence the appeal.
of Police obtained the sanction of the Government of Bihar, Development Department, for prosecuting the appellant under s. 5 2 , read with clause 3 of s. 5 of the Prevention of Corruption Act, 1947 Act II of 1947 , hereinafter called the Act.
125 to 250/ till August 1947 and from September 1947 to November 1949 in the scale of Rs.
200 to Rs.
300/ .
Admittedly his family was number in affluent circumstances, and his wives did number bring him any fortune.
A companyy each of the letter of the Supdt.
It was written by the said sub Inspector of the Officer Incharge, Kotwali Police Station.
The Special Judge, on a companysideration of the evidence, found in the light of the presumption laid down in s. 5 3 of the Act that the accused was taking illegal gain out of his economic position in the scheme during the year 1951 52.
During that period he was drawing salary with five advance increments in the scale of Rs.
Dated March 25, 1957, of the Supdt.
1195 Cr.
1195/CR, dated March 26, 1957 of the Superintendent of Police, Bhagalpur, addressed to the Secretary to Government of Bihar, Development Department companyies enclosed through the Commissioner, Bhagalpur Division.
Now, therefore, in partial modification of the sanction accorded in Govt.
