SSM 1 33.rev.327.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 327 OF 2010 The State of Maharashtra ....Applicant Versus Rajendra Vasant Choudhari .... Respondents _____ Mr. V. R. Bhosale, APP for the Applicant. CORAM: SMT. R. P. SONDURBALDOTA, J. DATED : 18 th FEBRUARY, 2011. P.C.: This application is filed by the State of Maharashtra challenging the order dated 10th February, 2010 passed by the Special Judge (Prevention of Corruption) Act, Thane, District – Thane discharging the respondent of the offences punishable under Section 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988. The Special Court has held that the sanction to prosecute the respondent contains an inherent defect SSM 2 33.rev.327.10 in as much as the same is not granted by an authority competent to grant the sanction. The Section 56 of the Bombay Provincial Municipal Corporations Act, 1949 provides that no municipal officer or servant whose monthly salary, exclusive of allowances, exceeds one thousand rupees shall be dismissed by the Commissioner without the previous approval of the Standing Committee. Admittedly, the salary of the respondent far exceeds rupees one thousand. The sanction to prosecute has been given only by the Commissioner. There is no prior approval of the Standing Committee. 2. In that circumstances, the sanction to prosecute is not valid. Hence, the order of discharge is correct. There is no infirmity in the impugned order. The application is dismissed. (SMT. R. P. SONDURBALDOTA J.)