The prosecution against the accused is invalid without proper sanction, which was lacking in this case, rendering the proceedings void.

JUDGMENT :

Sashikanta Mishra, J.

In the present application, the Petitioner questions the correctness of order dated 6th August, 2012 passed by learned Special Judge (Vig), Cuttack in T.R. No.40/2012 (VGR Case No.46/2009) whereby cognizance was taken of the offence under Section 13 (2) read with (1)(d) of the P.C. Act, 1988 and Sections 420 /468/477-A read with Section 120-B of I.P.C.

2. The facts of the case are as follows:-

The Petitioner joined as a Lecturer in Economics (4th Post) in Adikabi Saraladas College, Tirtol in the district of Jagatsinghpur on 1st September, 1993 after facing an interview. The Odisha Aided Educational Institutions (Appointment of Lecturers Validation) Act, 1988 was enacted to validate the appointment of Lecturers appointed between 1^st January, 1985 to 31^st December,1992. Accordingly, the Government in Department of Higher Education asked the authorities of all aided Colleges to send list of Lecturers, who had the requisite qualification and eligibility for such validation. The names of 18 Lecturers including the Petitioner working in the College were forwarded to the Government basing on which, the Government in Department of Higher Education issued order on 6th January, 2001 validating the services of 17 Lecturers. Subsequently during incumbency of the succeeding Principal, an objection was raised by him on 10^th December, 2001 alleging that the services of 3 Lecturers including the Petitioner had been validated on manipulation of records to avail the benefit under the Act. It was alleged that the fact of appointment of 3 Lecturers on payment of honorarium from contingent fund of the College was taken as true without proper verification. On further verification conducted in the Department of Higher Education, the Notification dated 6^th January, 2001 was modified issuing order of approval and sanction in respect of 14 Lecturers excluding 3 Lecturers including the Petitioner by order dated 13th March, 2002. An F.I.R. was lodged by the DSP (Vigilance), Jagatsinghpur on 11th November, 2009 leading to registration of Cuttack Vigilance Police Case No.45 dated 11^th November, 2009. It was specifically alleged that the Petitioner had joined on 1^st September, 1993, but was shown in the list of 18 Lecturers to have joined on 10th September, 1992 by manipulating documents and creating false joining reports in connivance of the then Principal and Head Clerk of the College. In short, the manipulation was done with a view to bring the Petitioner and other such Lecturers within the cut-off date stipulated in the Validation Act. It is stated that the Petitioner has not been benefited by the initial notification of validation and has continued as management staff without getting any grant-in-aid. The F.I.R. allegations were investigated and charge sheet was submitted on 30^th July, 2012 along with the order of sanction dated 25^th July, 2012 issued by Sub-Collector-cum-President of the Governing Body of the College. Learned Special Judge (Vig), after considering the materials on record took cognizance of the offences and issued process holding that a prima facie case was made out against the accused persons relating to the offences.

The Petitioner challenged the order taking cognizance before this Court in CRLMC No.3794/2012 filed under Section 482 of Cr.P.C. The said petition was dismissed by order dated 20th January, 2014. The Petitioner thereafter approached the Supreme Court in SLP (CRLMP) No.14015/2015, which was also dismissed. The present application filed under Articl