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 DG