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2018 Supreme(All) 259

ALLAHABAD HIGH COURT
(Lucknow Bench)
CHANDRA DHARI SINGH, J.
Dr. RAM CHANDRA SAXENA - Applicant
Versus
STATE OF Uttar Pradesh AND ANOTHER - Opposite Parties
(Criminal Misc. Application Nos. 239, 246, 253 and 254 of 2018, decided on 20th February, 2018)

Advocates:
Counsel :
Shiv P. Shukla for the Applicant; A.G.A., Arun Sinha, Krishna Chandra Srivastav, Siddharth Sinha for the Opposite Parties.

Headnote:Uttar Pradesh State Universities Act, 1973—Sections 19 and 21—Prevention of Corruption Act, 1988—Sections 13(i)(d) and 13(2)—(Indian) Penal Code, 1860—Sections 467, 468, 420, 421 and 120-B—Criminal Procedure Code, 1973—Section 197—Prosecution—Sanction for—Validity of—Vice-Chancellor has taken a decision to give sanction for prosecution in capacity of Vice-Chancellor of University and not as a Chairperson of Executive Council—Therefore, sanction of prosecution is not given by competent authority, so, it is not valid sanction. [Paras 28, 34 and 49]

       Result; Order Accordingly.

       

JUDGMENT

Hon’ble Chandra Dhari Singh, J.—These four applications, arising out of the common judgmment, are therefore being taken up together for disposal.

2. Heard Sri Shiv Prasad Shukla, learned counsel for the applicant, Sri Siddharth Sinha, learned counsel for the respondent No. 2 and learned A.G.A. for the State-respondent No. 1 and perused the entire record.

3. These applications under Section 482 Cr.P.C. have been filed for quashing of the order dated 9.1.2018 passed by the Court of Special Judge (P.C.) Act, Lucknow in respect of charge-sheet filed in F.I.R. dated 31.5.2001 registered at police station Chauk, District Lucknow, under Sections 467, 468, 420, 421, 120-B I.P.C. & 13(i) (d), 13(2) of Prevention of Corruption Act in criminal case No. 86 of 2007 (State of Uttar Pradesh v. R.C. Saxena) against the applicant in respective applications.

4. Brief facts of the case

I. After completing M.D. in Pharmacology, the applicant was appointed as confirmed Lecturer in the year 1968 in the King George Medical College, Lucknow. The applicant in due course of time and by way of promotion was appointed by the Executive Council of the Lucknow University on the post of Reader w.e.f. 31.3.1983 and subsequently confirmed on this post on 13.9.1998 by the Executive Council, Lucknow University, as then King George Medical College was affiliated with Lucknow University. The status of King George Medical College was enhanced by the Uttar Pradesh Government. The King George Medical College became the King George Medical University having an independent status of as “University”. In the meantime by means of office order dated 31.7.1989, the applicant was promoted to the post of Professor on ad hoc basis for initial period of one year or till the selection of suitable candidates by the Public Service Commission, whichever is earlier. The applicant had completed a diploma course from United Kingdom to enhance his knowledge in the field of clinical pharmacology and accordingly the applicant performed his duties to the best satisfaction of his higher authorities and to the best of his knowledge and capacity.

II. The applicant has established first clinical pharmacology units C.D.R.I in K.G.M.C., Lucknow and has contributed the great deal in the field of medicine. The pharmacology department of K.G.M.C., Lucknow started “Diploma Courses” in the pharmacy which was two years diploma course. In the year 1998, as per Bye laws and ordinance of Lucknow University in regard to this diploma course, 51 seats were reserved for Indian Nationals, while 9 seats were reserved for Non Residence Indian (N.R.I.)

III. The examination of the aforesaid 51 seats was conducted by the pharmacology department of the “Medical College” and being the Professor and Head of the Pharmacology Department, the applicant performed his duties as per instructions of the then Principal of the Medical College. It was the duty of the petitioner to conduct this examination in pharmacology department in a fair manner and to take all appropriate steps to declare results of all 60 seats of the diploma course with due care and caution and under his control.

IV. Some irregularities were found in preparing the result of the said Diploma Course entrance exams and when it came to the notice of the applicant, who was the Professor and Head of the Pharmacology Department, he immediately wrote letters to the then Vice-Chancellor, Lucknow University, Chancellor the Hon’ble Governor and the Uttar Pradesh Government against the authorities and officers of the K.G.M.C., Lucknow who were responsible for preparing the results. The complaint against the officers of Medical College, Lucknow, compelled the authorities to take serious view and even the F.I.Rs. were registered against the Superior Officers of University and Medical College.

V. The various F.I.Rs. were also lodged against the applicant. The entire cases have been handed over to the State Vigilance Establishment C.I.S. Lucknow. The C.I.S., Lu


































































































































































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