Judgment

GUPTA, J.:- The respondent was employed in 1961 as Officer-in-Charge, Desert and Gangetic Plains, Zoological Survey of India at Jodhpur. A criminal case was registered against him on December 31 1962 which was investigated by the Special Police Establishment, Jaipur. Ultimately a charge-sheet was filed against the respondent in the Court of the Special Judge for Rajasthan, Jaipur City. The Special Judge convicted him under Section 5 (1) (c) read with Section 5 (2) of the Prevention of Corruption Act and Section 471 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-. in default to suffer rigorous imprisonment for further one month, on the first count and on the second to undergo rigorous imprisonment for six months and to pay a fine of Rupees 100/, in default to suffer rigorous imprisonment for another one month. The sentences were directed to run concurrently. Sanction for prosecution of the respondent was granted on September 17, 1964 by the Ministry of Home Affairs, Government of India, signed by a Deputy Secretary "by order and in the name of the President".

2. In the appeal preferred by the respondent f