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1978 Supreme(SC) 270

JASWANT SINGH, P.S.KAILASAM
Parmanand Dass – Appellant
Versus
State Of A. P. – Respondent


Advocates:
G.N.Seshagiri Rao, H.K.PURI, P.PARMESHVARAN, R.V.PILLAI

JUDGMENT

KAILASAM. J.:— This appeal is by special leave against the judgment of Andhra Pradesh High Court, in criminal revision No. 18 of 1976 holding that the sanction order given for prosecuting the appellant is valid and dismissing his Revision Petition.

2. The petitioner, Parmanad Dass was appointed as a clerk in Hyderabad Municipal Corporation on 15-1-1951 in the scale of Rs. 40-50 and was promoted to the scale of Rs. 50-105 on 1-9-1956. A charge of having received an illegal gratification of Rs. 15/- was brought against him and he was suspended on 22-9-1966. On 27-5-1967, the Commissioner of the Municipal Corporation gave sanction for prosecution under S. 6 of the Prevention of Corruption Act. The appellant questioned the validity of the sanction on the ground that the Commissioner was not the competent authority to grant the sanction. The Special Judge accepted the contention and found that the Standing Committee of the Municipality alone can give sanction and as the Commissioner had no powers, the sanction was not valid. Soon after on 4-5-1970, the appellant prayed for his reinstatement, and on 12-6-1970, the appellant was reinstated. The Commissioner on 17-6-1970 again wrot









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