JUDGMENT :

1. Heard Sri Ashok Mehta, learned Senior Advocate assisted by Sri Pradeep S. Sisodia, learned counsel for the petitioners, Sri Sudarshan Singh, learned counsel appearing on behalf of Union of India, Sri Sanjay Kumar Yadav, learned counsel for C.B.I. and Sri Satish Kumar Rai, learned counsel appearing on behalf of the Cantonment Board.

2. Present petitions under Section 482 Cr.P.C. have been instituted before this Court challenging the Charge-sheet No.1 of 2001 dated 07.02.2009 and summoning order dated 11.03.2019 passed by Special Judge (Anti-Corruption), C.B.I. Court No.3, Ghaziabad in Special Case No.2 of 2019 (C.B.I. vs Sukhjeevan Singh Chahal and Ors) under Sections 120B, 420, 468, 471 IPC and entire proceedings of Special Case No.2 of 2019 pending in the Court of Special Judge (Anti-Corruption), C.B.I.

3. Petitioner, Mohd Ali Zafar was posted as Veterinary Inspector and petitioner-Sushil Kumar was posted as Pharmacist/Compounder-cum-Store Keeper, Central Government Hospital, Meerut Cantt. The petitioner, Mohd Ali Zafar was also officiating on the post of Office Superintendent, Cantonment Board, Meerut at the relevant time.

4. On the basis of a source information, a joint surprise check was conducted on 12.05.2015 and 13.05.2015 by a team of C.B.I., Ghaziabad, Ministry of Defence, Director General (Vigilance), Defence Estates, New Delhi and Drug Inspector, Central Drugs Standard Control Organization (C.D.S.C.O.) in the Cantonment General Hospital, Cantt Board, Meerut.

5. C.B.I. in the year 2015 had carried out a inspection of the Cantonment General Hospital, Meerut Cantt and finding gross irregularities registered a Regular Case No.RC1202016A0003 on 16.03.2016 at C.B.I./A.C.B., Ghaziabad under Sections 13(2)/13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act’) against one Dr Aradhana Pathak, then Resident Medical Officer, posted at Cantonment General Hospital, Meerut Cantt and others on the allegation that during years 2011-14 said Dr Aradhana Pathak entered into criminal conspiracy with the petitioners and one Gaurav Arora, Prop. M/s Arora Pharma, Meerut, U.P. and other unknown persons and in furtherance of the said criminal conspiracy, she dishonestly and fraudulently purchased medicines at exorbitant rates in violation of prescribed procedure and norms and falsified the accounts (medicine stock books) and fabricated the relevant record.

6. During the investigation, role of one Sukhjeevan Singh Chahal, the then Chief Executive Officer (C.E.O.) Cantonment Board, Meerut Cantt. (since retired), petitioner-Mohd. Ali Zafar, the then Officiating Office Superintendent, Office of C.E.O., Cantonment Board, Meerut Cantt. came into light.

7. The C.B.I. after investigating the offence and collecting evidence and material, prepared impugned the charge-sheet under Sections 120B, 409, 420, 468, 471, 477A IPC, 13(2)/13(1)(d) of the PC Act,1988 for causing wrongful loss to the tune of Rs.23,46,436/-to the Cantonment Board Meerut and corresponding wrongful gain to themselves.

8. After carrying out a detailed investigation, the C.B.I. submitted a report and subsequently vide letter dated 23.08.2018 sought sanction for the prosecution of Dr. Aradhana Pathak, R.M.O. Cantt General Hospital, petitioner-Mohd. Ali Zafar, officiating Office Superintendent of Cantt. Board (both supervisory posts) and petitioner-Sushil Kumar Compounder cum Store Keeper of Cantt. General Hospital (non-supervisory staff).

9. Cantonment Board vide C.B.R. No.169 dated 15.11.2018 resolved by majority of vote that no sanction for prosecution of charged officials be given to the C.B.I., and the Board further resolved that departmental proceedings under the provisions of the Cantonment Fund Servants Rules, 1937 and CCS Rules be initiated against the charged officials namely Dr. Aradhana Pathak and Mohd Ali Zafar, for which a committee was constituted, and it was conveyed to the higher authorities of the Cantonment Board as well as