Sanction for prosecution under section 196A is essential for conspiracy charges against military personnel, and failure to comply invalidates such charges.

1. This is a revision petition. The petitioner's case is that he had been serving in the Indian Army as a Commissioned Officer for 23 years and pensioned off since 1st December, 1967. In the year 1960 the Central Government decided to construct roads on the northern corners of India with one of the headquarters at Tezpur under the command of Brigadier O.M. Mani, Chief Engineer and with such headquarters at Dibrugarh, Along and other places in North East Frontier Agency under Engineer Commanders. The petitioner was one of such Engineer Commanders and posted at Dibrugarh from November 1960 to 2nd April, 1962 under the said Chief Engineer, as a Division Commander, local purchases of stores required for the construction of roads, bashas, bridges and culverts, materials like bricks, broken bricks, bamboos thatch, timbers and sand etc. These materials had to be removed from Dibrugarh to Lekhabali, Sonarighat, Deorighat and other places beyond the river Brahmaputra and to be air - lifted to Along and other places in North East Frontier Agency from Mohanbari. The petitioner was authorised to direct local purchases of the said materials up to the extent of Rs. 10,000/- per each supply order to be issued by the petitioner under his signature only and he was also authorised to enter into a contract to the extent of Rs. 5,00,000/-. The construction of the roads was treated as an emergency work and hence acceptance of the supply quotations and purchases on negotiations from suppliers were permitted and quotations from the suppliers were not insisted upon.
On the 5th July, 1963 that is more than one year after the petitioner was transferred to Roorki as Commander of the G. R. E. F. Centre, the Superintendent of Police of the Special Police Establishment, C. I. A., New Delhi filed a first information report alleging that the petitioner and one Israil Khan had by manipulation of quotations caused supply orders to be issued in the name of Israil Khan and Sons in which they were interested, giving exorbitant rates. It was alleged that the petitioner abused his position as a public servant in the matter of purchase of materials and also in carriage of stores by boats across the Brahmaputra and thereby committed misconduct in the discharge of his duties. On these allegations a Special Judge by order dated the 29th April, 1968, framed charges against the petitioner and this revision petition has been filed for quashing the same.

2. It is necessary to mention certain dates to show how the case progressed during the course of nearly six years. The first information report was submitted on 5-7-63, and the accused was put under suspension in October of that year. The statements of witnesses were recorded from the 10th July up to the 13th October, 1964. Sanction for prosecution under S.6 of the Prevention of Corruption Act 1947 (hereinafter called the Act) was granted by the Government on 3-9-64 and on 21-10-64 chargesheet was filed in Court. The accused was summoned to appear in Court in June, 1965 and some documents under S.173, Criminal Procedure Code were filed on the 18th November, 1966. As the accused was not given copies of the said documents, in April 1967, he filed an application for supply of relevant documents and the Court passed an order on 15-5-67 for the supply of such documents to the accused.
The prosecution moved this Court against the order of the Judge dated 15-5-67 and this Court dismissed the petition on 12-9-67. The accused also moved this Court for quashing the proceedings and this Court dismissed the petition on 12-4-68. The charges were framed on 29-4-68 and against this order framing the charges, this Court was moved on 1-5-68 by a petition which is before us now. The accused has fi