JUDGMENT

N. L. UNTWALIA, J. :—The appellant in this appeal by special leave is Shri D. D. Suri - an erst-while member of the Indian Administrative Service in the cadre of the State of Orissa, Shri A. K. Barren, I.A.S. the Chief Secretary to the Government of Orissa at the relevant time was impleaded as respondent No. 1. He died during the pendency of this appeal. Therefore, his name is directed to be expunged. For the sake of convenience, however, he will be referred to hereinafter in this judgment as respondent No. 1. Shri S. K. Ghosh, I.P.S. respondent No. 2 was at the relevant time Director of Vigilance and Additional Secretary to the Government of Orissa in the Police and Services Department. He has since retired and no notice of this appeal could be served on him. Even so the appeal proceeded to hearing as for the disposal of this appeal, his appearance was not necessary. The State of Orissa is respondent No. 3, and the Government of India is respondent Number 4. Respondents 5 and 7 are other officers of the Government of Orissa.

2. It is an unfortunate protracted litigation with a chequered history. Yet we do not find it possible to bring it to conclusion by our judgment.

3. The appellant was appointed to the Indian Administrative Service and joined as an Additional District Magistrate in the State of Orissa in November, 1950. According to his case due to some actions which he took against some big political persons, he incurred their displeasure in the year 1952. Sometime after, he came on deputation to the center but went back to Orissa in April, 1965. At the relevant time in the year 1967 he was serving as Commissioner of Land Reforms. Orissa. According to his case he had disputes, differences and animosity with respondent no. 1 and later with respondent No. 2 also. The appellant by stating very many facts, which are not necessary to be enumerated in this judgment, endeavored to make out a case of mala fides against respondents 1 and 2 and asserted that he was put to trouble and unwarranted and illegal actions were taken against him by or at the instance or respondents 1 and 2.

4. A First Information Report was lodged and Sambalpur Vigilance P. S. Case No. 23/1967 was instituted against the appellant on November 24, 1967 under Section 5 (2) of the Prevention of Corruption Act, 1947. An application for search warrant was made before the Additional District Magistrate, Sambalpur on the same date i.e. 24-11-1967 and a search warrant was issued. The appellant s house at Cuttack was searched on and after 27-11-1967. An order of suspension was made against the appellant by the Government of Orissa on the 28th November, 1967 under Rule 7(3) of the All India Services (Discipline and Appeal) Rules, 1955 - hereinafter referred to as the Rules. The appellant filed a writ petition (OJC No. 82 of 1968) in the Orissa High Court in January, 1968 to challenge the order of suspension and the investigation made and proceeded against him. The writ application was dismissed by the Orissa High Court in limine. Civil Appeal No. 679 of 1970 filed by special leave against the order of the Orissa High Court was allowed by this Court on 22-10-1970. The writ application was directed to be admitted and disposed of in accordance with law.

5. Certain subsequent developments and events are necessary to be 1071 noted. The State Government moved the Central Government on November 23, 1968 after stating the facts in detail to accord sanction for prosecution of the appellant as the materials collected during investigation revealed a prima facie case in relation to the charges of corruption and misuse of his official position by the appellant. In spite of reminders the Central Government neither accorded sanction for the prosecution of the appellant nor refused it. Without sanction of the Central Government no Charge-Sheet could be submitted against the appellant for his prosecution so long he remained in government service. It seems however, that the appel