JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted. Heard counsel for the parties.

2. Respondent, K.K. Jagtiani, was an Assistant Engineer in the service of the Municipal Corporation, Greater Bombay. On the basis of a complaint received, a trap was laid. The respondent was caught accepting the money. The Municipal Commissioner granted sanction for prosecuting the respondent and another employee under Seciton 5 of the Prevention of Corruption Act, 1947 (the Act) and Sections 161 and 165 of the Indian Penal Code on January 4, 1988. On that date, the respondent was in receipt of basic minimum salary which was less than Rupees twelve hundred per month. In due course, a charge-sheet was filed against the respondent in the court of Special Judge, Greater Bombay under Sections 5(1)(d) and 5(2) of the Act and Sections 161 and 165 of the Indian Penal Code. The learned Special Judge took cognizance of the offences and framed charges. The respondent raised a preliminary objection that the sanction granted by the Municipal Commissioner without obtaining the previous approval of the Standing Committee of the Corporation is not valid and competent in law inasmuch as the Municipal Commissioner by himsel