Ram Pal Singh, J.

l. This petition under section 482 Cr. P.C, has been filed by the petitioner, against the non-applicants with a pr aver that the sanction accorded by the Sanctioning Authority i.e. Document No 11, be quashed and the prosecution of the petitioner pending in the Court of Special Judge, Bhopal be also quashed. The non applicants i.e. the Stale of M.P. through the Secretary, Separate Revenue Department vallabh Bhavan, Bhopal and the Special Police Establishment through Director General Lok Ayukta Karyalaya, Bhopal have filed their return and reply along with documents through Shri Shankarlal Saxena Dy. Adv. General.

2. The petitioner who entered into the service of the Excise Department in 1962, as District Excise Officer, according to the petitioner was promoted and was working at the time of the incident as Excise Commissioner, M.P. According to the petitioner, the post of Excise Commissioner was already held traditionally by the officers of the IAS cadre. But in view of the report of the Estimate Committee of the M.P. Legislative Assembly of the year 1974-75, it was recommended that the Excise Department is of technical nature and the Head of the Department of the Excise should be a departmental officer. In view of this recommendation, according to the petitioner, and in recognition of his continuous meritorious service and exceptional ability, the petitioner was promoted as Excise Commissioner of the State by order dated 8-6-84. He contends that the lobby of the IAS officers got annoyed, because the petitioner was departmentally promoted to the helm post of the Excise Department, which was traditionally being occupied by officers of the IAS cadre. The petitioner by document Nos. 1 & 2 wants to say that his work as Excise Commissioner was much appreciated for raising the revenue of the State, by the Finance Secretary and the other Government agencies. He also contends that on 2-12-1984, an unfortunate tragedy struck the Bhopal city which was subsequently known as Bhopal Gas Tragedy. MIC gas leaked from the Carbide Factory, crippled a major section of the population, resulting in death, mutilation and large number of public suffered.

3. The State of M.P. through T.V., Press and other media solicited for general contribution of funds to the Chief Minister's Relief Fund. According to the petitioner, the Heads of the Government Departments including the petitioner were directed with an appeal to this effect and he filed in proof of this document No.3. The petitioner in response to this appeal for collecting generous contribution to the Gas tragedy victims, c9ntributed an amount of Rs.43 904/- and presented it to the Chief Minister's Relief fund on 15-3-1985. In response to another appeal made on 10-6-1985, through Doc. No.4 he further collected an amount of Rs.2,020/- and deposited it in the Chief Minister's Relief Fund. According to the petitioner, the Secretary of the Chief Minister's Relief Fund further directed the petitioner for collection of more contribution to that relief fund. According to the petitioner, he made a passionate appeal to the persons of distilleries, were merchants and other persons of Gwalior who contributed an amount of Rs.19,000/-. The petitioner himself contributed an amount of Rs.1000/- and thus, collected Rs.20,000/- for the Chief Minister's Relief Fund. The petitioner handed over this amount in a packet to the District Excise Officer, Bhopal with a direction to send the packet to the Under Secretary for depositing it in the Chief Minister's Relief Fund. The said packet containing Rs.20,000/- was received by the said Under Secretary, Shri Vijay Pal Singh on 27 6-1985 who in turn handed over this amount to the then Secretary on 28-6-1985 with a letter that this amount be deposited in the Chief Minister's Relief Fund. The Secretary then took it to the Secretary to the Chief Minister where this amount was handed over to the Section Officer. When the petitioner did not get receipt for th