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2002 Supreme(Ker) 547

K.BALAKRISHNAN NAIR
Usman – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner, who is a Government servant, challenges Ext. P6 order dated 17.5.2002 of the competent authority, giving sanction under S.19(1)(c) of the Prevention of Corruption Act, 1988 for prosecuting him for various offences under the Prevention of Corruption Act, 1988 and the Indian Penal Code. The brief facts necessary for the disposal of the case are the following.

2. The petitioner is an Agricultural Assistant working under the respondents. While he was working in the office of the Krishi Bhavan, Adatt, Thrissur, he was suspended from service alongwith others on 1.12.1999 by the 2nd respondent, Director of Agriculture, by Ext. P1 order. The Vigilance and Anti Corruption Bureau, later, registered Crime No. 2/00 on 14.3.2000 against the petitioner for offences under S.13(1)(d) read with S.13(2) of the Prevention of Corruption Act, 1988 and also under S.420, 468, 471 and 120(b) of the Indian Penal Code. The First Information Report is produced as Ext. P2. The allegation against the petitioner and others is that they conspired with a lime merchant and obtained undue pecuniary advantage to them by defrauding the Government.

3. Later, the petitioner was served with














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