1978 (11) TMI 155 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the sanction accorded u/s 6 of the Prevention of Corruption Act, 1947.
2. Abatement of the appeal due to the death of the appellant.

Summary:

1. Validity of the Sanction Accorded u/s 6 of the Prevention of Corruption Act, 1947:
The appellant was convicted for offences u/s 5(2) read with s. 5(1)(d) of the Prevention of Corruption Act, 1947, and s. 161 of the Indian Penal Code. The primary issue was whether the sanction accorded by the Joint Chief Controller of Imports & Exports (Jt. C.C.I.E.) was valid. The appellant contended that the sanction should have been given by the Government of India or the Chief Controller of Imports & Exports (C.C.I.E.), not the Jt. C.C.I.E. The court examined the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and the relevant S.R.O. 631 issued by the President, which designated the Jt. C.C.I.E. as the appointing and disciplinary authority for Class III posts in the C.C.I.E. organization. The court concluded that the Jt. C.C.I.E. was competent to accord sanction u/s 6(1)(c) of the Act, making the sanction valid.

2. Abatement of the Appeal Due to the Death of the Appellant:
The respondent raised a preliminary objection that the appeal should abate due to the appellant's death. However, the court referred to s. 394 of the Criminal Procedure Code, which allows near relatives to continue the appeal if it is against a conviction and sentence of imprisonment. The appellant's near relatives applied for leave to continue the appeal, which was granted by the court. Consequently, the appeal did not abate.

Conclusion:
The court found no merit in the appellant's contention regarding the invalidity of the sanction and dismissed the appeal. The preliminary objection regarding the abatement of the appeal was also negated. The appeal was dismissed, and as the appellant was deceased, there was no question of his surrendering to bail.