M.S.RAMESH
R. Maheswaran – Appellant
Versus
Principal Secretary, Public (Special A) Department, Government of Tamil Nadu, Chennai – Respondent
JUDGMENT :
1. This Writ Petition is heard through Video Conferencing on 06.07.2021.
2. The first respondent herein, had accorded sanction to prosecute the petitioner under Section 19(1)(b) of the Prevention of Corruption Act, 1988, (hereinafter referred to as ‘PC Act’) on the ground that he was reported to have demanded and accepted bribe money, as monthly mamool, from their District Managers under his jurisdiction during the review meeting at his office, etc. Based on a surprise check conducted at the petitioner’s office on 10.01.2012, it was reported that an unaccounted amount of Rs.1,75,000/- was found and seized from his office desk. At that relevant point of time, the petitioner herein was working as a Senior Regional Manager in the cadre of District Revenue Officer, in which position, he is deemed to be a ‘public servant’, as defined under Section 2(c) of the PC Act.
3. The petitioner has challenged the impugned order of sanction for prosecution, in the present Writ Petition.
4. The learned Senior counsel for the petitioner has raised several grounds touching upon the facts leading to the incident of seizure of the unaccounted amount from the petitioner’s desk, as well as the sur
R.S.Nayak Vs. A.R. Antulay [1984 (2) SCC 183];
Samsher Singh Vs. State of Punjab and Another [1974 (2) SCC 831]
State of Rajasthan Vs. Tarachand Jain [1974 (3) SCC 72];
State of Punjab Vs. M.L. Puri [1975 (4) SCC 112]
State (N.C.T. of Delhi) Vs. Navjot Sandhu reported in 2005 SCC (Cri.) 1715
Shiva Raj Singh Vs. Delhi Administration [AIR 1968 SC 1419]
The Superintendent of Police (CBI) Vs. Deepak Chowdhary [AIR 1996 SC 186]
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