The main legal point established in the judgment is that the trial court has the power to examine the sanctioning authority as a witness before framing charges under Section 311 of the Cr.P.C in cases under the Prevention of Corruption Act.

JUDGMENT

Atul Sreedharan, J. - The present petition has been filed, invoking the plenary powers of this Court under Article 226 of the Constitution , inter-alia praying for the quash of order granting sanction for prosecution dated 07/02/2019 (Annexure P/13) and 2910512019 (Annexure P/14).

2. The Petitioner was appointed on 09/09/2013 as an Assistant Engineer (Electrical-Contract) in the Madhya Pradesh Poorvi Kshetra Vidyut Vitaran Company Limited (MPPKWCL) (hereinafter referred to as "the Company") on contractual basis. The said order of appointment is Annexure P/1 at page 27 of the petition. The Petitioner is at S. No. 14. The said order also deputed the Petitioner along with others for institutional training from 09/09/2013 to 23/09/2013. Clause 3 of the order fixes the contract period of the Petitioner for a term of two years from 09/09/2013, subject to successful completion of one month's training. It also provided that if the appointee does not complete the training successfully, his/her contract shall be terminated immediately. Clause 4 mentions that the engagement was on a contractual basis as per terms & conditions published for the purpose, and the agreement executed between them. It also provided that these appointees shall be discontinued with effect from the afternoon of 08/ 09I 15.

3. Annexure P/2, at page No.29, is an order dated 25/09/13 by which the candidates were deputed for field training for fifteen days at such places noted against their names, on the same terms & conditions as stipulated in the order of their appointment dated 09/09/13. The Petitioner is at S.No. 4 and was posted to (O&M) Circle Chhindwara. Annexure P/3 at page 30 of the petition is an order dated 01/10/16 passed by the Respondents, by which new contract was executed with the Petitioner and others similarly situated, extending their contract from 03/10/16, which would stand terminated on its own, after the lapse of three years.

4. The Petitioner was caught red-handed accepting a bribe of Rs.15,000/- (Rupees Fifteen Thousand Only) resulting in Crime No.109 /2018 being registered against him on 17/05/18, at Police Station Special Police Establishment, Bhopal, for offences punishable under sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act") . The charge-sheet against him was submitted before the Court of the Ld . Special Judge, Chhindwara, on 03/07/19. In the entire petition, there is no mention of cognizance having been taken by the Ld. Trial Court of the offences charged against the Petitioner. The sanction order has admittedly been issued by the Chief Engineer of the Company at Jabalpur. In paragraph No.4 of the sanction order, the authority has held that it is the Chief Engineer who is the appropriate authority to grant sanction under section 19 of the PC Act. Both the impugned orders are identical.

5. The Petitioner has contended that as Mr. Prakash Dubey, the officer who had granted sanction as per section 19 of the PC Act, was only holding the post of Chief Engineer in current charge and so, could not exercise disciplinary authority over the Petitioner, as he was not empowered to remove the Petitioner from his post.

6. The Respondents in their reply have held that though Mr. Prakash Dubey was posted on current charge, he was given the complete powers of the Chief Engineer of the Company as per delegation of powers, which according to the Respondents is evident from Annexure P/9 at page number 184 of the petition.

7. Ld . Counsel for the Respondents has drawn our attention to the reply flied by them according to which, full power of appointment on posts up to the rank of Assistant Engineer on contract basis has been given by the resolution of the Board of Directors of the Company dated 24/01/13, to the Managing Director of the Company.

8. At page No. 184, is the order dated 7.1.2019 issued by the DGM (Admn.) of the Company, which reads as follows:

"Shri Prakash Dubey, G.M./