TaxTMI 
TaxTMI 
2005 (3) TMI 781
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....lore Telephones, Bangalore was charge-sheeted for the offence under Section 5(2) read with Section 5(1) (e) of the Prevention of Corruption Act 1947 (hereinafter referred to as the "Act") alleging that during the period from May 25, 1964 to June 27, 1986 he acquired assets disproportionate to his known source of income. On 27th June, 1986 he was in possession of movables and immovable assets worth Rs. 4,01,454.58 disproportionate to his known source of income and did not give any satisfactory account. The CBI, Bangalore City, after completion of the investigation filed charge sheet against the accused. The charges were framed against the accused and prosecution examined 56 witnesses and marked exhibits P-1 to P.124. The statement of the accused was recorded under Section 313 Cr.P.C. The accused filed the written explanation. However, he did not choose to lead any defence evidence. The learned Special Judge after hearing the parties framed following questions which read as under:- "1. Whether the sanction order is valid? 2. Whether the prosecution proves beyond all reasonable doubt that the accused being Technician and then Technical Supervisor in Bangalore Telepho....
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....above said allegation is based on the following facts and circumstances:- Shri C.S. Krishnamurthy joined the Telephone Department as Telephone Mechanic on 25.5.1964. He was promoted as Technical Supervisor and was working with Bangalore Telephone. Whereas it has been made to appear that the total income earned by the said Shri C.S. Krishmurthy from all known sources between the period 25.5.1964 to 27.6.1986 is Rs. 7, 91,534.93 Ps. The income was from salary, GPF advances, the Rental income, the interest amount received from Bank accounts, the loan amount received from LIC towards house constructions, the dividend income, interest amount and gain in respect of chits received from Navyodaya Sahakara Bank, Vyyalikaval House Building, Co-operative Society, Vishalam Chit Funds and Reliance Industries, loan received from friends and family members, gain towards sale of scooter/car, sale proceeds of jewellery and income received by family members. Whereas it has been made to appear that the total expenditure incurred by the said Shri C.S. Krishnamurthy in the above said period from 25.5.1964 to 25.6.1986 was Rs. 2,41,382.85Ps. Whereas it has been, made ....
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....e vigilance cell. He has denied the suggestion that he did not apply his mind in according sanction. It is no doubt true that the sanction is necessary for every prosecution of public servant, this safeguard is against the frivolous prosecution against public servant from harassment. But, the sanction should not be taken as a shield to protect corrupt and dishonest public servant. In the present case, a perusal of the sanction order itself shows that Shri C.S. Krishnamurthy's income from all known sources between the period from May 25, 1964 to June 27, 1986 was Rs. 7,91,534.93 that income was from salary, GPF advances, rental income, interest amount from bank accounts and loan amount received from LIC towards house constructions, the dividend income, interest amount and gain in respect of chits received from Navyodaya Sahakra Bank, Vyyalikaval House Building Co-operative Society, Vishalam Chit Funds and Reliance Industries loan received from friends and family members, gain towards sale of scooter/car, sale proceeds of jewellery and income received by family members and the total expenditure incurred by the accused during these period is Rs. 2,41,382.85 and the total assets ac....
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....s trapped. Though sanctioning authority who came in witness box could not answer some questions in cross examination, yet this Court held that sanction itself is eloquent read with evidence of sanctioning authority and same is valid. In the present case, the facts contained in the sanction order read with evidence of sanctioning authority makes it clear that sanction was properly accorded and is valid. 8. In this connection, a reference was made to a decision of the Constitution Bench in the case of R.S. Pandit vs. State of Bihar reported in [1963] Supp. 2 SCR 652 wherein their Lordships after referring to a decision of the Privy Council in the case of Gokulchand Dwarkadas Morarka v. The King [AIR 1948 PC 83] observed as under: " Section 6 of the Act also does not require the sanction to be given in a particular form. The principle expressed by the Privy Council, namely that the sanction should be given in respect of the facts constituting the offence charged equally applies to the sanction under S.6 of the Act. In the present case all the facts constituting the offence of misconduct with which the appellant was charged were placed before the Government. The second prin....
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....C 622, wherein sanction was quashed because sanction for prosecution was given under the direction of the High Court, therefore, it was held that it was not independent application of mind by sanctioning authority as such sanction was invalid. In this case, sanctioning authority who was supposed to apply its mind for granting sanction was denuded of its power because of the direction given by the High Court. Therefore, this case does not help the appellant. 12. Similarly, our attention was invited to a decision of this Court In the case of State of T.N. vs. M.M. Rajendran reported in (1998) 9 SCC 268. In this case, sanction was accorded by the City Commissioner of Police, Madras. On that basis the trial commenced. The High Court found that all the relevant materials including the statements recorded by the Investigating Officer was not placed for consideration before the City Commissioner of Police, Madras because only a report of the Vigilance Department was placed before him. The High Court came to the finding that although the Personal Assistant to the City Commissioner of Police, Madras has deposed that proper sanction was accorded by the City Commissioner of Police after go....