Judgment

DUA, J.: - The sole point requiring determination by this Court in this appeal by special leave is whether the appellant s prosecution was sanctioned by the competent authority. In the High Court also this was the only question canvassed on behalf of the appellant. The facts necessary for appreciating the point raised briefly stated are these:

The Deputy Secretary to the Government of India, Ministry of Defence, Department of Defence Supplies issued a circular in which it was emphasised that the applications from the entrepreneurs for the additional quota of electronic equipment must be submitted at the latest by December 31, 1966. Shri Anand Singh Bawa, Director of the Northen India Plywood (P) Ltd., Marshall House, Hanuman Road, New Delhi went to the Co-ordination Department of DGTD, Udyog Bhawan, New Delhi for the purpose of submitting two applications; one in his own name and the other in the name of his father. They were desirous of setting up projects for the manufacture of electronic and radio components. He reached that office on December 31, 1966 after 4 p. m. and presented his applications to the appellant who was working as Assistant in Co-ordination III of the DGTD at Udyog Bhawan, New Delhi, the appellant s duty being to attach proformas to applications and send them on to the, Electrical Directorate after obtaining the signatures of the Section Officer, Co-ordination Branch. The appellant demanded Rs. 1,000 as illegal gratification for entertaining those applications. Shri Anand Singh Bawa told the appellant that he had no money with him at that time and that the appellants should contact him on Monday the 2nd January,1967 to collect the amount. Shri Bawa also gave to the appellant his telephone number. In the meantime Shri Bawa approached the Special Police Establishment and informed Shri V. N. Nogi, Deputy Superintendent of Police about the appellant s demand of bribe. A trap was then organised and pursuant thereto the appellant was caught soon after receiving Rs. 1,000 in currency notes. The appellant was as a result challanged under Section 5 (2) of the Prevention of Corruption Act and under Section 161, I. P. C. The Special Judge trying the appellant convicted him under both the sections and imposed a sentence of rigorous imprisonment for four years and fine of Rs. 2,000 under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act and three years rigorous imprisonment under Section 161, I. P.C. Both the sentences were, however, to run concurrently. Appeal to the High Court was dismissed by a learned single Judge. In the High Court challenge to the validity of the sanction was based on the invalidity at its authentication. It was not disputed that the appellant was removeable by the President of India.

2. The sanction (Ex PL) which has been held to be valid by the High Court was signed by Shri K. Raja Ram, Deputy Secretary to the Government of India and was granted on August 25, 1967 by the Ministry of Industrial Development and Company Affairs (Department of Industrial Development). We consider it proper to reproduce this sanction at this stage:

No. 2 (1)/67-V .

Government of India

Ministry of Industrial Development

& Company Affairs

(Department of Industrial Development)

New Delhi, the 25th August, 1967.

ORDER:

Whereas it is alleged that Shri R. J. Singh Ahluwalia, while working as a public servant in the capacity of Assistant in Co-ordination Section (CDIII). D. G. T. D., Udyog Bhawan, New Delhi on 31-12.1966 demanded an illegal gratification at Rs. 1,000/- from Shri A. S. Bawa, Director, Northern India Plywood Pvt. Ltd., Marshall House, Hanuman Road, New Delhi for showing him favour in the acceptance of his own application No. NIP/2681/66 as well as application No. DSB/2682/66 of the firm of his father M/s. D. S. Bawa & Co., for setting up projects for the manufacture of Electronic and Radio Components; .

And whereas it is alleged that in pursuance of this demand the said Shri R. J. S