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1979 Supreme(SC) 279

S.MURTAZA FAZAL ALI, P.S.KAILASAM
K. S. Dharmadatan – Appellant
Versus
Central Government – Respondent


Advocates:
A.V.RANGAM, E.C.AGARWAL, J.V.S.SIVARN, R.N.SACH, S.GOVIND SWAMINATHAN, SOLI J.SORABJI

Judgment

FAZAL ALI J.:-This appeal by special leave is directed against the judgment and order of the High Court of Kerala dated 11th July, 1975 dismissing a criminal revision petition filed by the appellant before the High Court.

2. The point involved in the present appeal lies within a very narrow compass. The appellant was being prosecuted for offences under Ss. 120B, 420, 471 and 468 read with S. 34, I.P.C. , Sec. 167 (72) of the Sea Customs Act and S. 5(2) read with S. 5 (1) (d) of the Prevention of Corruption Act. At the time when the charge-sheet was filed and the Special Judge took cognizance against the appellant sometime in Oct., 1970 the appellant ceased to be a public servant, and, thereofore, no sanction under S.6 of the Prevention of Corruption Act (hereinafter referred to as the Act) was obtained. It appears that in pursuance of a departmental enquiry held against the appellant he was charge-sheeted and ultimately dismissed by the appointing authority. Thereafter, the appellant filed an appeal before the President of India on 18-10-1976 against his removal from service. After consulting the Union Public Service Commission the President by his order dated 25-9-1972 al























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