A VENKATA SWAMY Vs. STATE CENTRAL BUREAU OF INVESTIGATION
LAWS(APH)-1992-3-15
HIGH COURT OF ANDHRA PRADESH
Decided on March 20,1992

A.VENKATA SWAMY Appellant
VERSUS
STATE CENTRAL BUREAU OF INVESTIGATION Respondents


Cited Judgements :-

P PRATHAPACHANDRAN VS. CENTRAL BUREAU OF INVESTIGATION ERNAKULAM [LAWS(KER)-1999-1-17] [REFERRED]
RAM KARAN PATHAK VS. STATE [LAWS(DLH)-2015-5-6] [REFERRED TO]
PRATHAPACHANDRAN VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KER)-1999-2-40] [REFERRED TO]


JUDGEMENT

- (1.)The petitioner was an Officer of the Corporation Bank (sic for short) in the Middle Management Grade Scale II. He is accused of offences under sections 120-B, 467, 468, 479 and 409 IPC and Sections 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947 ('the Act' for short) in CC No. 25/89 in the Court of the Special Judge for CBI Cases, Hyderabad, at Secunderabad. Complaint was laid, after obtaining sanction of the Deputy General Manager of the Bank on 23-11-87.
(2.)The petitioner sought discharge under S. 239 Cr.P.C. on the ground that proper sanction was not obtained from the competent authority, as required under S. 6(1)(c) of the Act. The learned Judge dismissed the petition holding that the Deputy General Manager, who accorded sanction for prosecution, being competent to remove the petitioner from service, was competent to accord sanction.
(3.)The case of the petitioner is that he was appointed as a Clerk in the Bank on 8-5-65 by an order of the General Manager. He was later promoted to the Middle Management in April 1982 by the Chairman of the Board of Directors. Regulations were framed in the year 1982 with regard to discipline and appeals of Officer/employee of the Bank. Though these regulations empower the Deputy General Manager to take disciplinary action against the officers of the cadre of the petitioner and to remove them from service, Deputy General Manager, being lower in rank to the authorities who appointed the petitioner, was not competent to accord sanction for prosecution.
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