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1995 Supreme(SC) 827

K.RAMASWAMY, B.L.HANSARIA
Superintendent of Police (C. B. I) – Appellant
Versus
Deepak Chowdhary – Respondent


( 1 ) LEAVE granted.

( 2 ) DELAY of 232 days condoned.

( 3 ) THE facts lie in a short compass. During the year 1982, while the respondent No. 1 was working as a Branch Manager in Desh Priya branch of the United Bank of India at Calcutta it was realised that certain officers working in that bank had conspired with a creditor and the bank was defrauded for a sum of Rs. 45,000. 00. On a complaint laid, a crime case was registered and the appellant investigated the matter and submitted the report to the competent authority for sanction, who, by its order dated the 14/01/1987 accorded sanction under 6 (1-C) of the Prevention of Corruption Act, 1947 (for short, p. C. Act) to file the charge-sheet against the respondent for the offences punishable under Sections 120b, 420, 467, 468, 471,477a, 201 and 109 I. P. C. and also under Section 5 (1) (d) read with Section 5 (2) of the P. C. Act. The respondent filed writ petition in the High Court to quash the sanction. The High Court by the impugned order dated the 2/04/1992 in Matter No. 498/87 quashed the sanction on two grounds, namely, that the respondent was not given any opportunity of hearing before granting sanction and in the departmenta





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