JUDGMENT :

Heard Mr. R.P. Sarma, learned Senior counsel assisted by Mr. D. Doley, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor for the State/respondent.

2. The petitioner has filed an application under section 482 Cr.P.C., 1973 praying to quash the impugned criminal proceeding for taking cognizance as well as framing of charge by the learned Special Judge, Assam in connection with Special case No. 01/2011 under Section 420/468/471/120(B) read with section 13(1)(d)(ii)/13(2) of Prevention of Corruption Act, 1988.

3. The brief facts of the case is that a reference was made by the Chief Minster’s Special Vigilance Cell being SVC RE No. 34/2002 against the District Rural Development Agency (herein after referred to as “DRDA”) officials of Cachar for their alleged irregularities, anomalies, embezzlement of fund in implementation of some scheme from 1998 to 2002. An enquiry was conducted and on the basis of said enquiry, an FIR was lodged on 27.09.2005 by the Additional Superintendent of Police, Chief Minster’s Special Vigilance Cell, Assam, which was registered and numbered as C.M. Vigilance P.S. Case No. 03/2005 under Section 420/468/471/120(B) of IPC read with Section 13(1)(d)(ii)/13(2) of Prevention of Corruption Act, 1988(herein after referred to as “P.C. Act,1988”). As many as 19 (nineteen) officials including the present petitioner who was then working as the Project Director of DRDA, Cachar was arrayed in the proceeding.

4. The investigating officer after completion of investigation approached the competent authority i.e. Personnel (A) Department for grant of the necessary sanction under Section 19 of the P.C. Act, 1988 and the Personnel Department on receipt of such request for grant of prosecution sanction, issued a letter dated 25.06.2010 to the Deputy Secretary to the Government of Assam, Political (Vigilance Cell) Department, Dispur stating that before grant of sanction for prosecution against any Government servant, it is necessary on the part of the appointing/disciplinary authority to go through the record to see if a prima facie case exists against the said Government servant and accordingly, the Government directed the Political (Vigilance Cell) Department, Government of Assam to furnish relevant documents. Accordingly, in respond to that required documents were forwarded to the Personnel(A) Department. The approval was accorded to submit charge-sheet against the officials of DRDA, Cachar including the present petitioner along with 24 (twenty four) persons before the learned Special Judge, Assam which was registered as Special Case No. 1/2011. The learned Special Judge, accordingly issued summons to the accused persons including the present petitioner and the petitioner had appeared before the learned Special Judge, Assam and on his appearance before the court below, bail was granted to him. After hearing both sides on the question of maintainability of the proceeding before the learned trial court, charge was framed against the present petitioner on 20.10.2017 under Section 120(B)/468/471/420 IPC read with Section 13(1)(d)(ii)/13(2) of P.C. Act, 1988.

5. Being highly aggrieved and dissatisfied with the order of framing of charge, the petitioner has preferred the present petition seeking quashment of the proceeding of the Special case as aforesaid.

6. Mr. R.P. Sharmah, learned Senior counsel for the petitioner has argued that the petitioner was a State Government employee at the relevant point of time by holding the post of Project Director, Cachar, Silchar and in the meantime he has been retired from the service. It is submitted that there being no previous/prior sanction for his prosecution as mandatorily required under Section 19 P.C. Act and Section 197(1)(b) of Cr.P.C. by the competent authority, the instant criminal proceeding so far against the petitioner is concerned, is not maintainable and is liable to be set aside and quashed.

7. It is also the submission of learned Se