Back
IN THE HIGH COURT OF BOMBAY
(NAGPUR BENCH)
B.V. Chavan, J.
Sakharam Trymbak Patil... Appellant.
Versus
State of Maharashtra... Respondent.
Criminal Appeal No. 258 of 1988, decided on 16/18-9-1992.
Advocates appeared :
V.S. Sirpurkar, for appellant.
D.D. Sinha, A.G.P., for State.
SANCTION ORDER - VALIDITY - SUB-DIVISIONAL OFFICER - APPOINTMENT AUTHORITY - CORRUPTION - SECTION 6(1)(C) OF PREVENTION OF CORRUPTION ACT, 1947 - ARTICLE 311(1) OF THE CONSTITUTION OF INDIA - VALIDITY OF SANCTION ORDER - INTERPRETATION.
Fact of the Case:
The appellant, a Patwari, was convicted for accepting a bribe of Rs. 50/- from the complainant for issuing a 7/12 extract. The appellant challenged the validity of the sanction order issued by the Sub-Divisional Officer, arguing that he was not competent to remove the appellant from service as required by section 6(1)(c) of the Prevention of Corruption Act, 1947.
Finding of the Court:
The court held that the sanction order was invalid as the Sub-Divisional Officer was not competent to remove the appellant from service. The court relied on the decision in Bhaurao Marotrao Manekar v. State of Maharashtra, which held that a Sub-Divisional Officer cannot remove from service an officer appointed by the Collector without violating Article 311(1) of the Constitution of India.
Issues: 1. Whether the Sub-Divisional Officer was competent to accord sanction for prosecution under section 6(1)(c) of the Prevention of Corruption Act, 1947. 2. Whether the acceptance of Rs. 50/- by the appellant was by way of illegal gratification or towards land revenue dues.
Ratio Decidendi: 1. The court held that the Sub-Divisional Officer was not competent to accord sanction for prosecution under section 6(1)(c) of the Prevention of Corruption Act, 1947, as he was not the appointing authority of the appellant. 2. The court held that the prosecution had established that the payment of Rs. 50/- by the complainant and its acceptance by the appellant was not towards the land revenue, but it was by way of illegal gratification only to give the 7/12 extract.
Final Decision: The court allowed the appeal, set aside the conviction and sentence of the appellant, and ordered him to be set at liberty.
2. The appellant was charged on the following facts.
Madhaorao Gadekar (P.W. 3 ) was looking after the property of his brothers inspite of the partition amongst themselves. They held the landed properties at village Birsingpur and Deulghat. Madhaorao (P.W. 3) being the President of a Co-operative Society as per the rules of the Society, he could not obtain any loan in his name. Therefore, he had to obtain loan from the society in the name of his brother Yadeorao. At the material time, he approached the Secretary of the society one Deokar for obtaining a fresh loan in the name of his brother-Yadeorao. Deokar told him to repay the arrears. Accordingly, Madhaorao (P.W. 3) paid the arrears and met Deokar on 6-5-1983. Deokar thereupon advised him to bring a fresh 7/12 extract from the Patwari. Consequently Madhaorao (P.W. 3) approached the appellant who was the Patwari working at Deulghat on 7-5-1983 and demanded 7/12 extract in respect of the field belonging to his brother Yadeo. The appellant asked him to pay the arrears of land revenue. Madhaorao (P.W. 3) paid the arrears of land revenue and obtained receipt thereof. When he demanded the 7/12 extract from the appellant, the appellant asked him to come after 2/3 days, as his officers were in the village on that day. So Madhaorao (P.W. 3) approached the appellant on 10-5-1983. On that day, the appellant gave him evasive replies. Therefore, Madhaorao (P.W. 3) again approached him on 16-5-1983 in the shop of one Digambar Mistri and demanded 7/12 extract. However, the appellant told him that as his office was situated at Buldhana, he would give the extract wanted by him at Buldhana. Madhaorao then went to the office of the appellant at Buldhana on 18-5-1983. According to the prosecution, appellant asked Madhaorao (P.W. 3) that he would not give 7/12 extract unless an amount of Rs. 50/- was paid to him and asked Madhaorao that he should meet him in the office at Buldhana at 2 P.M. on the same day where he would give the 7/12 extract on receiving Rs. 50/-. It is because of this alleged demand of the appellant that Madhaorao (P.W. 3) approached the Anti Corruption Bureau at Buldhana and gave a complaint Ex. 26 at 12.30 noon on the same day. On account of this complaint C.P.I. Pund (P.W. 6) arranged the trap and accordingly called two panchas including Rupkumar Wadnagare (P.W. 4). The necessary preparation was made by treating the currency notes of Rs. 50/- which were to be given by Madhaorao (P.W. 3) to the appellant on being demanded by him, with Phenolphthalein powder. With this preparation the raiding party along with the Panchas proceeded to the office of the appellant. Madhaorao (P.W. 3) was instructed to give a signal by waving the handkerchief after the amount was accepted by the appellant. Rupkumar (P.W. 4) was instructed to accompany the complainant Madhaorao and the other Panch was instructed to remain with the raiding party.
3. Thereafter Madhaorao (P.W. 3) went to the office of the appellant at Buldhana. When he went inside he found the appellant present along with one Jadhav (D.W. 1) and Kayande who is examined as prosecution witness No. 2. After some time, the accused started preparing 7/12 extract for Madhaorao (P.W. 3). First 7/12 extract in respect of field situated at Birsingpur was prepared by the appellant. Jadhao (D.W. 1) who was a suspended patwari prepared the 7/12 extract for the complainant in respect of the field situated at Deulghat. In the mean time Revenue Inspector Joshi came inside the office of the appellant. He asked the complainant orally to offer him tea. Accordingly, complainant accompan
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
