- (1.) In the instant application under Sections 397, 401 and 482 of the Cr. P. C., the proceedings in Special Case No. 4/1999 including order dated 27.04.2004 under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, now pending before the learned Special Judge, 3rd Court, Kolkata has been sought to be quashed.
(2.) The petitioner contends that he joined as Junior Land Officer in the West Bengal Government Service in 1973 and thereafter joined the Calcutta Dock Labour Board as an Accounts Officer in September, 1990. In January, 1993 he was promoted to the rank of Executive Officer (DC & SW) and in 1970 was given an ad hoc appointment as Deputy Chairman of said Dock Labour Board by the Central Government. But before assumption of charge he became a scapegoat of vested interest and was falsely implicated in a criminal case registered with the CBI being RC 14(A) 1997 dated 25.02.1997 which resulted in submitting a charge sheet for his prosecution for acquiring assets disproportionate to his income to the tune of Rs. 4,35,014/-.
(3.) Thereafter he filed an application under Section 239 Cr.P.C. praying for his discharge on the grounds of want of valid sanction as required under Section 19 of the Prevention of Corruption Act, 1988 which is the pre-requisite in the case of a Central Government employee. In his case the sanction was accorded by Sri H. P. Roy, Chairman of the Calcutta Port Trust who is not his employer and a competent authority of the Calcutta Dock Labour Board. The allegations levelled against him for possessing disproportionate assets are totally baseless and false since he had adequate sources of income/receipts. But in total disregard of the materials supplied by him, the learned court below by order dated 27/04/2004 held that there exists prima facie materials for framing a charge against him as per prosecution report which is now assailed.;