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1979 Supreme(Ker) 81

FAZAL ALI, KAILASAM
DHARMADATAN – Appellant
Versus
CENTRAL GOVERNMENT – Respondent


Judgment :-

1. This appeal by special leave is directed against the judgment and order of the High Court of Kerala dated 11th July, 1975 dismissing a criminal revision petition filed by the appellant before the High Court.

2. The point involved in the present appeal lies within a very narrow compass. The appellant was being prosecuted for offences under S.120-B, 420, 471 and 468 read with S.34, IPC., S.167 (72) of the Sea Customs Act and S.5 (2) read with S. S (1)(d) of the Prevention of Corruption Act. At the time when the chargesheet was filed and the Special Judge took cognizance against the appellant sometime in October, 1970 the appellant ceased to be a public servant, and, therefore, no sanction under S.6 of the Prevention of Corruption Act (hereinafter referred to as the Act) was obtained. It appears that in pursuance of a departmental enquiry held against the appellant he was charge-sheeted and ultimately dismissed by the appointing authority. Thereafter, the appellant filed an appeal before the President of India on 18-10-1967 against his removal from service.

3. After consulting the Union Public Service Commission the President by his order dated 25-9-1972 allowed the appea






















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