JUDGMENT :

” The petitioner, being the accused in V.G.R. Case No.11/2002 (T.R. Case No.6/2013) of the court of learned Addl. District and Sessions Judge-cum-Special Judge (Vigilance), Keonjhar, has assailed the order dated 30.4.2013 taking cognizance of the offence under Section 13(2) read with Section 13(1)(d) and Section 7 of the Prevention of Corruption Act, 1988 and issuing process against the petitioner.

2. The petitioner was working as a T.B. and Chest Specialist in District T.B. Centre, Keonjhar. The informant being a T.B. patient got admitted in the District T.B. Centre , Keonjhar on 7.3.2002 and was discharged on 19.3.2002. While the informant was being treated at the hospital, the present petitioner allegedly demanded money and the informant as per his capacity was paying and in the process he had paid around Rs.100/-. At the time of the discharge of the informant, the petitioner allegedly demanded Rs.100/-, but the informant was not able to meet the demand for which the petitioner got annoyed and asked the informant not to come to the District T.B. Centre unless he comes with at least Rs.100/-. Due to such illegal and unethical demand of the petitioner, the informant approached the Superintendent of Police, Vigilance, Balasore for which a F.I.R. was lodged and the Officer-in-charge of the Balasore Police Station was directed to register the same and take up investigation of the case. In the process a trap was laid. As per the direction of the Vigilance Police, a preparation was made and the hundred rupee note was smeared with phenolphthalein and handed over to the informant, who kept the same in his shirt pocket. Thereafter as per the plan and preparation the hundred rupee note was recovered from the money purse of the petitioner and the Vigilance Department took up the follow up actions after the trap.

3. After gathering all materials, the Vigilance moved the Government in G. A. Department for according necessary sanction to prosecute the petitioner. However, then Government in G.A. Department ordered to initiate Departmental Proceeding against the petitioner. Thereafter the Vigilance Department submitted Final Report No.45 2002 on 12.12.2002 before the Chief Judicial Magistrate, Keonjhar, who submitted the case to the Special Judge (Vigilance), Bhubaneswar for further orders.

4. On 30.8.2011 as per communication written from this Court, the case was transferred to the court of learned Addl. District Judge-cum-Special Judge, Vigilance, Keonjhar. A notice was issued to the informant regarding the submission of the final form. The service report on the informant returned with the report that he has died in the mean time and the case was posted to 30.4.2013.

5. In the meantime, the petitioner has retired from Government service. On 30.4.2014 the case was taken up by the learned Special Judge (Vigilance), Keonjhar, who has passed the following order:-”

' S. R. from the complainant returned with report that the complainant is dead. Perused the F.I.R., 161 sheets and other connecting documents available in the case record and charge-sheet No.45 dated 23.3.2012 under Section 13(1) read with Section 13(1)(d) /7 P.C. Act received against the accused Nimai Ch. Sahu. A prima facie case is made out against the accused Nimai Ch. Sahu. Hence cognizance is taken. Issue summons to the accused and put up on 3.6.2013 for appearance' -.

6. Learned Senior Advocate appearing for the petitioner contended that the order taking cognizance is illegal as the sanction has not been granted against the present petitioner and after his retirement on the self-same material, the learned Special Judge (Vigilance), Keonjhar cannot take cognizance of the offence especially when no sanction has been accorded by the sanctioning authority. He relies upon a letter issued by the under Secretary to the Government to the Director-cum-Additional D.G. of Police, Vigilance, Orissa, Cuttack, which reads as follows:

' From:

Shri R.C. Samantaray, Under

Secretary to G