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 t