SUPERINTENDENT OF POLICE Vs. DEEPAK CHOWDHARY

JUDGEMENT

(1.) Leave granted.

(2.) Delay of 232 days condoned.

(3.) The facts lie in a short compass. During the year 1982, while the respondent No. 1 was working as a Branch Manager in Desh Priya branch of the United Bank of India at Calcutta it was realised that certain officers working in that bank had conspired with a creditor and the bank was defrauded for a sum of Rs. 45,000/-. On a complaint laid, a crime case was registered and the appellant investigated the matter and submitted the report to the competent authority for sanction, who, by its order dated the 14th January, 1987 accorded sanction under 6(1-C) of the Prevention of Corruption Act, 1947 (for short, 'P. C. Act') to file the charge-sheet against the respondent for the offences punishable under Sections 120B, 420, 467, 468, 471,477A, 201 and 109 I. P. C. and also under Section 5(1) (d) read with Section 5(2) of the P. C. Act. The respondent filed writ petition in the High Court to quash the sanction. The High Court by the impugned order dated the 2nd April,1992 in Matter No. 498/87 quashed the sanction on two grounds, namely, that the respondent was not given any opportunity of hearing before granting sanction and in the departmental equiry conducted by the Bank, respondent was exonerated of the charge. Therefore, it was not expedient to proceed with the prosecution of the respondent. Hence, the above appeal has been filed.