JUDGMENT

A.K. Ganguly, J. —

This appeal is filed at the instance of the State impugning the order of the High Court dated 17.12.2004 whereby the High Court in a revision filed before it was pleased to held that sanction for prosecution which was granted to the respondent, Sh. Pradeep Kumar Gupta was invalid and High Court was pleased to quash the same.

2. In coming to the said finding, the High Court, inter alia, held that Sh. Pradeep Kumar Gupta, (hereinafter called the respondent), was posted as an Engineer in Municipal Corporation of Ujjain and was a public servant and can be removed from the said post by the Mayor-in-Council under the relevant provisions of the Madhya Pradesh Municipal Corporation Act and the sanction for prosecution granted by the State Government is invalid and incompetent.

3. In support of the said finding, the High Court, inter alia, relied on a judgment of Ashok Baijal Vs. M.P. Government reported as1 1998 Crl. L.J. 3511.

4. We have heard the counsel appearing for the parties. We are of the view that the conclusions reached by the High Court are not warranted either in facts or in law for the reasons discussed herein-under.

5. From the order dated 4.10