Mulla, J.

[1] This is an application under Section 561A, Criminal P. C. praying that the criminal proceedings pending before Sri B. N. Zutshi, Special Judge, Anticorruption be quashed. The applicant in this case is Sri V. D. Jhingan who was employed as Assistant Director, Enforcement, by the President of India in the Ministry of Industry and Commerce on 25-3-1949.

[2] The prosecution case is that on 11-9-1951 the applicant accepted' a sum of Rs. 10,000/- as the first installment out of an agreed total of Rs. 30,000/- as an illegal gratification for recommending to the 'District Magistrate, Kanpur, that the cloth licence issued to one Sri Sidh Gopal may not be cancelled. Thus charge was investigated by the Special Police Establishment, Delhi who recovered this amount from the applicant.

The prosecuting agency then applied for sanction to prosecute the applicant but the Ministry of Industry and Commerce instead of granting the sanction at that stage decided to bold an enquiry under Rule 55, Civil Services (Classification, Control and Appeal) Rules. This decision was communicated to the prosecuting agency on 26-8-1952 and on its basis a final report was submitted in the court o