MOOL CHAND GARG, J.

1. By way of this petition filed under Section 482 Cr.P.C., the Petitioner is seeking quashing of final/closure report bearing No.4/2008 in FIR No.RC AC2 2004 A0004, ACU-II, CBI, New Delhi, dated 23.07.2004 under Section 120B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, instituted against petitioner as well as the order dated 22.07.2008 passed by learned Special Judge, New Delhi, whereby instead of closing the case in terms of the closure report, the Special Judge has taken cognizance of the matter after holding that there was no need of sanction in respect of the act/omissions alleged against the Petitioner, who at the relevant time was the President of Post Graduate Institute of Medical Research (hereinafter referred to as „PGIMER?), in the report of CBI and has directed the Petitioner to face the trial in that case.

2. Briefly stating, the facts giving rise to the filing of the present case are as under:

(i) As per the PGI Act, 1966 and the rules framed thereunder, PGIMER is governed by the Central Government and the President of the Institute is nominated by the Central Government to act as its representative and to take decisions on its behalf. The Petitioner who was the Union Minister for Health and Family Welfare, in the Government of India, was nominated by the Central Government as the President of PGIMER. The Governing Body of PGIMER is constituted under Regulation 11 of the PGI Regulations and the President as representative of the Central Government acts as the Chairman of the Governing Body.

(ii) PGIMER has certain shops in its campus which are let out for rent through public auction. In 1972, Capt. Parminder Singh was allotted Shop No.21 at PTIMER after a public auction for Rs.360/- for an area of 133 sq.ft. This area later was merged and became 455 sq.ft. but the rent remained the same. Thereafter Capt. Singh was allowed to remain in the shop till 26.06.1997 by the then Governing Body of PGIMER. Eviction proceedings were initiated against Capt. Singh. However, on 6.09.200, Capt. Singh obtained a stay against eviction from the concerned court.

(iii) Thereafter the Petitioner as the President of PGIMER and Chairman of the Governing Body was apprised of the case of Capt. Singh. The Petitioner constituted a three-member Committee of senior officers to examine the case. The Committee gave its report to the Petitioner in June 2001.

(iv) The Petitioner after perusing the report of the three-member Committee, passed an order dated 26.07.2001 under Section 25 of the PGI Act wherein he showed his dissatisfaction as to why the PGI had been accepting rent from Capt. Singh at the rate of Rs.720/- per month till May 2001, and that there is no record of PGIMER asking for an increase in the rent or there being any complaint against Capt. Singh. He also observed that some foul play has occurred in the entire episode which needed to be investigated. However, since there were drugs worth lakhs of rupees seized by the PGIMER authorities, on sympathetic grounds, the Petitioner passed an order stating therein that:

i. Capt. Singh be given back the possession of Shop No.2.

ii. He shall pay the rent as the rate similar to the adjoining Shop No.3 of M/s Surgico (which was Rs.59,890/- per month) and would abide by the same terms and conditions.

iii. Capt Singh would give an undertaking that he will not approach any court of law for redressal for any financial liability against the Institute.

iv. After the expiry of lease deed of Shop No.3 (i.e., on 23.10.2001) further leasing of Shop No.2 and 3 would follow the procedure laid down by the Institute.

v. An independent inquiry be ordered to fix responsibility for allowing Capt. Singh to continue occupancy after 1979 without any lease deed and also for collection of rent from Capt. Singh even after his eviction.

3. It appears that this act was complained, which led to registration of the FIR by the CBI.