Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC No. 43/2022
State vs. Dharamvir
FIR No. 26/2015
PS: ACB
05.08.2022
Present : Sh. Vikash Kumar, Ld. Addl. PP for the State.
Supplementary chargesheet is filed alongwith fresh sanction u/s 19
of PC Act dated 04.05.2022 granted by Sh. Sanjeev Khirwar, Divisional
Commissioner, Delhi.
Perusal of record shows that accused Dharamvir, who was posted as
Kanungo at the relevant time was caught red handed while accepting bribe of
Rs.2000/ from the complainant at the time of raid/trap. After completion of
investigation, sanction was obtained and chargesheet was filed and Ld.
Predecessor took cognizance for the offences u/s 7/13 of PC Act and thereupon,
accused Dharamvir was summoned.
Sh. Arun Kumar Mishra, District Magistrate, East, who had
previously granted sanction against the accused appeared as PW1 and admitted
that after going through the materials and other office circulars, he has concluded
that the office of District Magistrate is not competent to remove a Kanungo from
his services and the competent authority in this regard is Divisional Commission
cumRevenue Secretary, GNCT of Delhi and further admitted that he was not
competent to grant sanction u/s 19 of PC Act against accused Dharamvir.
During the course of arguments, Ld. Defence counsel also took a
plea that sanction has not been granted by the competent authority as the
compulsory retirement order of accused was signed by the Principal Secretary
(Revenue)/Divisional Commissioner, Govt. of NCT of Delhi, who was the
competent authority to grant sanction, but sanction has been granted by Sh. Arun
Kumar Mishra, District Magistrate (East).
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In view of the aforesaid admission of PW1 Sh. Arun Kumar
Mishra, Ld. Predecessor vide order dated 09.11.2021 discharged the accused
Dharamvir with a liberty to the prosecution to file fresh chargesheet as per
law after obtaining sanction from the competent authority.
Now by way of present supplementary chargesheet, prosecution has
filed fresh sanction u/s 19 of PC Act which has been granted by the competent
authority i.e. Divisional Commissioner, Delhi. I have considered the submission
of Ld. Addl. PP for State as well as material placed on record and fresh sanction
granted by the competent authority i.e. Divisional Commissioner, Delhi. I take
cognizance for offences u/s 7/13 of PC Act against accused Dharamvir.
Let accused Dharamvir be summoned for 05.09.2022.
(Sanjeev Kumar Malhotra)
Special Judge, PC Act (ACB01)
RADC, New Delhi
05.08.2022
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