P.Murugesa Boopathi vs State Of Tamil Nadu Rep.By on 31 July, 2026

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    Madras High Court

    P.Murugesa Boopathi vs State Of Tamil Nadu Rep.By on 31 July, 2026

    Author: G.K. Ilanthiraiyan

    Bench: G.K. Ilanthiraiyan

                                                                                      Crl.R.C.No.2120 of 2024
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                             RESERVED ON               : 21.07.2026
    
                                             PRONOUNCED ON             : 31.07.2026
    
                                                          CORAM
    
                                      THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
    
                                                 Crl.R.C.No.2120 of 2024
                                                           and
                                                 Crl.M.P.No.16844 of 2024
    
                         1.P.Murugesa Boopathi
    
                         2.Jansirani
    
                         3.Dinesh Kumar
    
                         4.Krithika                            … Petitioners/Accused Nos.1 to 4
    
                                                              vs.
    
                         State of Tamil Nadu
                         Rep. by the Deputy Superintendent of Police
                         Vigilance and Anti Corruption,
                         Special Investigation Cell,
                         Chennai – 600 016.
                         (V&AC Hqrs Crime No.1/AC/2018/HQ)                        … Respondents
    
    
                         PRAYER: Criminal Revision Petition is filed under Section 397 read with
                         Section 401 of the Code of Criminal Procedure Code, 1973/Section 438 of
                         B.N.S.S, 2023, to call for the Records in Crl.M.P.No.479 of 2023 on the file
                         of the learned Special Judge, Special Court for cases under the Prevention of
                         Corruption Act, Chennai and set aside the Order dated 15.11.2024 passed by
    
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                         the learned Special Judge, Special Court for cases under the Prevention of
                         Corruption Act, Chennai in Crl.M.P.No.479 of 2023 in C.C.No.1 of 2023
                         and consequently discharge the Petitioners from the case in C.C.No.1 of
                         2023.
    
                                           For Petitioners    : Mr.R.Shanmugasundaram
                                                                Senior Counsel
                                                                for M/s.A.G.Shakeena
    
                                           For Respondent     : Mr.R.Ganesh Kumar
                                                                Counsel for Government of Tamil Nadu
                                                                (Criminal Side)
    
    
                                                              ORDER
    

    This Criminal Revision Case has been filed as against the order

    dated 15.11.2024 passed in Crl.M.P.No.479 of 2023 in C.C.No.1 of 2023 on

    SPONSORED

    the file of the learned Special Judge, Special Court for cases under the

    Prevention of Corruption Act, Chennai, thereby dismissing the petition to

    discharge the petitioners.

    2. The petitioners are arrayed as Accused Nos.1 to 4. The petitioners

    are charged for the offences punishable under Section 13(2) read with 13(1)

    (e) of the Prevention of Corruption Act, 1988 read with Section 109 of

    Indian Penal Code, in Crime No.V&AC Hqrs Cr.No.1/AC/2018/HQ.

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    3.(i) The case of the prosecution is that the 1 st accused entered into

    Government Service as Deputy Agricultural Officer on 26.07.1972 and

    subsequently, he was appointed as Assistant Professor on 01.02.1989 in the

    Tamil Nadu Agricultural University, Coimbatore. Thereafter, he was

    promoted to the post of Professor. While being so, he was appointed as

    Special Personal Assistant to the Hon’ble Minister for Agriculture by

    Government of Tamil Nadu for a period from 01.02.1990 to 31.01.1991,

    from 15.05.1996 to 14.05.2001 and from 01.06.2006 to 03.06.2009. On the

    date of attaining his age of superannuation (i.e., on 04.06.2009), he was

    appointed as Vice Chancellor of Tamil Nadu Agricultural University by the

    Governor of Tamil Nadu and he served in the said post till 31.08.2010.

    Therefore, he is coming under the cadre of Public Servant under the

    definition as contemplated under Section 2 (c) of the Prevention of

    Corruption Act, 1988. Based on the enquiry report, the respondent registered

    FIR in Crime No.V&AC Hqrs Cr.No.1/AC/2018/HQ for the offences

    punishable under Section 13(2) read with 13(1)(e) of the Prevention of

    Corruption Act, 1988 read with Section 109 of IPC on 01.03.2018 as against

    the petitioners/accused herein alleging that the 1 st accused, who served as

    Special Personal Assistant to Hon’ble Minister for Agriculture for the period

    from 01.06.2006 to 03.06.2009 had possessed assets and possession of

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    pecuniary resources and property in his name and in the name of his family

    members, which are disproportionate to the known source of his income

    during the Check Period from 01.06.2006 to 31.05.2009. After registration

    of FIR, the respondent completed the investigation and filed final report

    since there was sufficient materials available to prove the offences against

    the accused persons.

    3.(ii) The 1st accused has acquired assets in his name and in the name

    of his family members namely Accused Nos.2 to 4 to the tune of

    Rs.68,20,065/- during the check period from 01.06.2006 to 31.05.2009,

    which is 145.84% disproportionate to his known source of income and that

    of his family members. Therefore, the 1st accused is charged for the offences

    punishable under Section 13(2) read with 13(1)(e) of Prevention of

    Corruption Act and the accused 2 to 4 are charged for the offences

    punishable under Section 13(2) read with 13(1)(e) of Prevention of

    Corruption Act read with Section 109 of IPC. While pending the same for

    framing charges, the petitioners/accused filed a petition to discharge on

    several grounds. It was dismissed and aggrieved by the same, the petitioners

    have filed the present criminal revision case.

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    4.(i) The learned Senior Counsel appearing for the petitioners

    submits that while the 1st petitioner was working as a Professor, he was

    appointed as Special Personal Assistant to the Hon’ble Minister for

    Agriculture by Government of Tamil Nadu for a period from 01.06.2006 to

    31.05.2009. Thereafter, on 04.06.2009, he was appointed as Vice Chancellor

    of Tamil Nadu Agricultural University by the Governor of Tamil Nadu. In

    order to prosecute the 1st accused, the respondent obtained sanction from the

    Board of Management of the Tamil Nadu Agricultural University, as if it is

    the Authority Competent to remove the 1 st accused. But, it is contrary to the

    provisions of the Tamil Nadu Agricultural University Act, 1971. He further

    submits that under Section 11 (1) of Tamil Nadu Agricultural University Act,

    1971, every appointment of Vice Chancellor is made by the Chancellor and

    under Section 11(3)(b) of the said Act, the Vice Chancellor may be removed

    only by the Chancellor upon a resolution of the Board of Management by a

    majority of the total members of that Board and by a majority of not less

    than two-thirds of the members of that Board present and voting. Therefore,

    the role played by the Board of Management is completely different from

    the role played by the Chancellor.

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    4.(ii) While the Board may pass a resolution, the statutory power of

    removal vests exclusively in the domain of the Chancellor. The Board of

    Management is not the Competent Authority to remove the Vice Chancellor.

    Hence, the person, who accorded sanction is not competent to accord

    sanction for prosecuting the 1st accused. Admittedly, during the Check

    Period from 01.06.2006 to 31.05.2009, the 1 st accused was working as

    Special Personal Assistant to the Hon’ble Minister for Agriculture,

    Government of Tamil Nadu. He was appointed by the Government of Tamil

    Nadu and as such, the sanction has to be accorded by the Government of

    Tamil Nadu, who is the appointing and removing authority of the Special

    Personal Assistant to the Minister.

    4. (iii) Even assuming that the Department of Agriculture is the

    Competent Authority to accord sanction, the person who accorded sanction,

    i.e., the Vice Chancellor of Tamil Nadu Agriculture University is not

    Competent to accord sanction, since the 1st accused was retired as Vice

    Chancellor. Therefore, the statutory power of removal vests within the

    domain of Chancellor and as such, another Vice Chancellor cannot exercise

    or authenticate any person to accord sanction to prosecute the 1 st accused,

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    who had hold the post of Vice Chancellor. Therefore, if the 1 st accused is

    treated as the Vice Chancellor, the Competent Authority to accord sanction is

    the Chancellor as contemplated under Section 11(3)(b) of the Tamil Nadu

    Agricultural University Act, 1971. Even, if the 1st accused is treated as the

    Special Personal Assistant to the Hon’ble Minister, the Competent Authority

    to accord sanction is only the Government. Either the case, the Board of

    Management does not possess the statutory competence to accord sanction.

    Therefore, the entire proceedings itself is vitiated and cannot be sustained

    for further course of proceedings.

    4. (iv) He further submits that though the accused were charged for

    the offences punishable under Section 109 of IPC, there is no sanction under

    Section 197 of the Criminal Procedure Code. Therefore, the entire

    proceedings cannot be proceeded without the sanction under Section 197 of

    the Criminal Procedure Code. He further submits that the 2 nd accused is the

    wife of the 1st accused, the 3rd accused is the son of the 1 st accused and the

    4th accused is the daughter-in-law of the 1 st accused. The Accused Nos.3 and

    4 are qualified Medical Practitioners and having independent source of

    income. They are also residing independently at Chennai. However, the

    prosecution clubbed the assets acquired by the Accused Nos.3 and 4 along

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    with the assets acquired by the Accused Nos.1 and 2 and initiated

    prosecution for the charge of disproportionate assets. Further, the 1 st accused

    only was given opportunity to submit his explanation and other accused

    persons were not served with any notice to call upon them to file their

    explanation. For purchase of the property in Chennai for the sale

    consideration of Rs.46,28,000/-, the 1st accused categorically explained that

    the 2nd accused had received a sum of Rs.40,00,000/- as advance towards the

    sale of her property situated at Vadavalli, Coimbatore. It is also accounted

    with her Income Tax Return for the Assessment Year 2009-2010, which was

    filed on 09.03.2010. Therefore, there are absolutely no oral or material

    evidence available to frame charge against the petitioners for the offences

    punishable under Section13(2) read with 13(1)(e) of the Prevention of

    Corruption Act read with Section 109 of Indian Penal Code and the same is

    liable to be quashed.

    5. The respondent herein filed counter affidavit and the learned

    Counsel for Government of Tamil Nadu (Criminal Side) appearing for the

    respondent submits that the 1st petitioner was appointed as Special Personal

    Assistant to the Hon’ble Minister for Agriculture by an order dated

    15.11.2006. Before his appointment, he was working as a Professor in the

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    Tamil Nadu Agricultural University. Therefore, part of his employment was

    under the Agricultural University and as such, the Board of Management is

    the Competent Authority to accord sanction to prosecute the 1 st accused.

    Further, the 1st petitioner was appointed under General Rules of the Tamil

    Nadu State and Subordinate Services Rules. The General Rule 11 of the

    Tamil Nadu State and Subordinate Services Rules, says about appointment

    by agreements. The General Rule 11 (2) of the said Rules, says that a person

    appointed under Sub Rule (1) of Rule 11, shall not be regarded as a member

    of the service in which the post to which he is appointed is included and

    shall not be entitled by reason only of such appointment to any preferential

    claim to any other appointment in that or any other service. Therefore, the 1 st

    accused cannot be treated as member of service, in which he was appointed

    as Special Personal Assistant to the Hon’ble Minister for Agriculture. His

    parent Department is only the Agricultural University. Therefore, the Board

    of Management is the competent authority to accord sanction. Accordingly,

    the Board of Management headed by its Chairman namely the Vice

    Chancellor accorded sanction to prosecute the 1st accused. In support of his

    contention, he relied upon the following judgments of the Hon’ble Supreme

    Court of India:-

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    5.(i) In State of Punjab vs. Labh Singh reported in (2014) 16 SCC

    807, in which the Hon’ble Supreme Court of India held as follows:-

    “9. In the present case the public servants in question
    had retired on 13-12-1999 and 30-04-2000. The sanction to
    prosecute them was rejected subsequent to their retirement i.e.
    first on 13-9-2000 and later on 24-9-2003. The public servants
    having retired from service there was no occasion to consider
    grant of sanction under Section 19 of the PC Act. The law on
    the point is quite clear that sanction to prosecute the public
    servant for the offences under the PC Act is not required if the
    public servant had already retired on the date of cognizance by
    the court. In S.A. Venkataraman v. State while construing
    Section 6(1) of the Prevention of Corruption Act, 1947 which
    provision is in pari materia with Section 19(1) of the PC Act,
    this Court held that no sanction was necessary in the case of a
    person who had ceased to be the public servant at the time the
    court was asked to take cognizance.
    The view taken in
    S.A.Venkataraman was adopted by this Court in C.R. Bansi v.
    State of Maharashtra
    and in Kalicharan Mahapatra v. State of
    Orissa and by the Constitution Bench of this Court in K.
    Veeraswamy v. Union of India
    . The High Court was not
    therefore justified in setting aside the order passed by the
    Special Judge insofar as charge under the PC Act was
    concerned.

    10. However as regards charges for the offences
    punishable under the Penal Code, the High Court was
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    absolutely right in setting aside the order of the Special Judge.
    Unlike Section 19 of the PC Act, the protection under section
    197
    of CrPC is available to the concerned public servant even
    after retirement. Therefore, if the matter was considered by the
    sanctioning authority and the sanction to prosecute was
    rejected first on 13-9-2000 and secondly on 24-9-2003, the
    Court could not have taken cognizance insofar as the offences
    punishable under the Penal Code are concerned. As laid down
    by
    this Court in State of H.P. v. Nishant Sareen, the recourse in
    such cases is either to challenge the order of the sanctioning
    authority or to approach it again if there is any fresh material.

    11. In the circumstances, in our view the order under
    appeal passed by the High Court is correct insofar as charges
    under IPC are concerned but must be set aside as regards
    charge under PC Act is concerned.

    12. Before we part, we must record that we do not
    approve the stand taken by the appellant in the petition. The
    prosecution cannot keep waiting till a public servant retires and
    then choose to file charge-sheet against him after his
    retirement, thereby setting at naught the protection available to
    him under Section 19 of the PC Act. The appeal thus stands
    allowed partly. No order as to costs.”
    Therefore, it is clear that sanction to prosecute the public servant for the

    offences under the Prevention of Corruption Act, 1988 is not required if the

    public servant had already retired on the date of cognizance by the Court.

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    5.(ii) He also relied upon the judgment in State of Telangana vs.

    Managipet Alias Mangipet Sarveshwar Reddy reported in (2019) 19 SCC

    87, in which the Hon’ble Supreme Court of India held as follows:-

    “34. Therefore, we hold that the preliminary inquiry
    warranted in Lalita Kumari is not required to be mandatorily
    conducted in all corruption cases. It has been reiterated by this
    Court in multiple instances that the type of preliminary inquiry
    to be conducted will depend on the facts and circumstances of
    each case. There are no fixed parameters on which such inquiry
    can be said to be conducted. Therefore, any formal and
    informal collection of information disclosing a cognizable
    offence to the satisfaction of the person recording the FIR is
    sufficient.

    35. We also do not find any merit in the argument that
    there has been no sanction before the filing of the report. The
    sanction can be produced by the prosecution during the course
    of trial, so the same may not be necessary after retirement of
    the accused officer. This Court in K. Kalimuthu v. State held as
    under: (SCC p. 521, para 15)
    “15. The question relating to the need of sanction under
    Section 197 of the Code is not necessarily to be considered as
    soon as the complaint is lodged and on the allegations
    contained therein. This question may arise at any stage of the
    proceeding. The question whether sanction is necessary or not

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    may have to be determined from stage to stage.”

    36. The High Court has rightly held that no ground is
    made out for quashing of the proceedings for the reason that
    the investigating agency intentionally waited till the retirement
    of the Accused Officer. The question as to whether a sanction is
    necessary to prosecute the Accused Officer, a retired public
    servant, is a question which can be examined during the course
    of the trial as held by this Court in K. Kalimuthu. In fact, in a
    recent judgment in Vinod Kumar Garg v. State (NCT of Delhi),
    this Court has held that if an investigation was not conducted
    by a police officer of the requisite rank and status required
    under Section 17 of the Act, such lapse would be an
    irregularity, however unless such irregularity results in causing
    prejudice, conviction will not be vitiated or be bad in law.

    Therefore, the lack of sanction was rightly found not to be a
    ground for quashing of the proceedings.

    37. Mr. Guru Krishna Kumar further refers to a Single
    Bench judgment of the Madras High Court in M.
    Soundararajan v. State
    to contend that amended provisions of
    the Act as amended by Act 16 of 2018 would be applicable as
    the amending Act came into force before filing of the charge-
    sheet. We do not find any merit in the said argument. In the
    aforesaid case, the learned trial court applied amended
    provisions in the Act which came into force on 26-7-2018 and
    acquitted both the accused from charge under Section 13(1)(d)
    read with Section 13(2) of the Act. The High Court found that

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    the order of the trial court to apply the amended provisions of
    the Act was not justified and remanded the matter back
    observing that the offences were committed prior to the
    amendments being carried out. In the present case, the FIR was
    registered on 9-11-2011 much before the Act was amended in
    the year 2018. Whether any offence has been committed or not
    has to be examined in the light of the provisions of the statute
    as it existed prior to the amendment carried out on 26-7-2018.”
    Therefore, the sanction may not be necessary to prosecute the 1 st accused

    herein, who is a retired public servant. The amended provisions in the

    Prevention of Corruption Act, 1988 came into force on 26.07.2018. During

    the Check Period from 01.06.2006 to 31.05.2009, only the 1 st accused

    amassed wealth and as such, the amended provisions are not applicable to

    the case on hand. As per the old provisions, there is no need to obtain any

    sanction for prosecuting the retired public servant.

    5.(iii) He also relied upon the judgment in Central Bureau of

    Investigation vs. Ramesh Chander Diwan reported in 2025 SCC OnLine

    SC 871, in which the Hon’ble Supreme Court of India held as follows:-

    “18. The concept of deputation was explained by this
    Court in State of Punjab v. Inder Singh as follows:

    18. The concept of “deputation” is well understood in
    service law and has a recognised meaning. “Deputation” has a
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    different connotation in service law and the dictionary meaning
    of the word “deputation” is of no help. In simple words
    “deputation” means service outside the cadre or outside the
    parent department. Deputation is deputing or transferring an
    employee to a post outside his cadre, that is to say, to another
    department on a temporary basis. After the expiry period of
    deputation the employee has to come back to his parent
    department to occupy the same position unless in the
    meanwhile he has earned promotion in his parent department
    as per the Recruitment Rules. Whether the transfer is outside
    the normal field of deployment or not is decided by the
    authority who controls the service or post from which the
    employee is transferred. There can be no deputation without the
    consent of the person so deputed and he would, therefore, know
    his rights and privileges in the deputation post. …

    (emphasis ours)
    …………

    21. Insofar as disciplinary control over a deputationist
    is concerned, such control generally vests with the appropriate
    authority in the parent department in which the substantive
    appointment is held. However, it cannot be gainsaid that by
    statutory rules or by conditions contained in the order of
    deputation, it can be provided that the deputationist, for the
    period he is serving on deputation, will be subject to the
    disciplinary control of the department to which he is deputed.
    Should there be a provision in this behalf, the deputationist may

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    be proceeded against, if the occasion therefore arises, by the
    appropriate authority in the receiving department. Although
    generally an employee is supposed to have one master, in the
    context of deputation there could be a plurality of masters.
    Nonetheless, it is the statutory rules which would be the
    deciding factor. If the rules indicate that disciplinary control is
    retained by the parent department, the receiving department
    would have no jurisdiction to exercise such control.

    …………

    24. Although the respondent’s initial appointment letter
    is not on record, it has not been disputed before us (in view of
    the additional documents placed on record by the respondent in
    terms of an order dated 18th March, 2025) that the respondent
    was initially appointed by the Government of Punjab. If not a
    member of the State’s civil service, the respondent was most
    certainly the holder of a civil post. It is further undisputed that
    the respondent was sent on deputation to the Union Territory,
    Chandigarh from the State of Punjab (P.W.D P.H Branch). Also,
    it is not in dispute that vide an order of the Administrator,
    Union Territory, Chandigarh dated 25th February, 2005, the
    respondent was relieved to join a new assignment in the
    Municipal Corporation, Chandigarh. From time to time, the
    Governor of Punjab extended the deputation period of the
    respondent with the Municipal Corporation, Chandigarh.
    Orders dated 13th October, 2006 and 12th July, 2007 placed on
    record by the respondent evince extension of the deputation

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    period of the respondent with the Municipal Corporation,
    Chandigarh by none other than the Governor of Punjab for
    specified periods. Effectively, what these orders did was to
    temporarily place the respondent’s service at the disposal of the
    Municipal Corporation, Chandigarh. It has not been
    demonstrated before us by CBI that upon assignment of the
    respondent on deputation with the Municipal Corporation,
    Chandigarh, he was either absorbed in its services
    Administrator resulting in severance of relationship with the
    Government of Punjab or that, by any order validly made, the
    respondent ceased to remain a Government servant once he left
    the post under the Government he was serving prior to his
    deputation.”
    Therefore, the petitioner was appointed on contract basis as a Special

    Personal Assistant to the Hon’ble Minister for Agriculture. Further, the 1 st

    accused ceased to be a Government Servant, once he had retired from

    service.

    5 (iv). He further submits that an accused facing prosecution for the

    offences under the Prevention of Corruption Act, 1988 cannot claim any

    immunity on the ground of want of sanction, if he ceased to be a public

    servant on the date when the Court took cognizance of the offences under

    the provisions of Prevention of Corruption Act, 1988. He further submits

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    that the other grounds raised by the petitioners can be looked into before the

    Trial Court during the trial by let in evidence. Hence, the Trial Court rightly

    dismissed the petition to discharge the petitioners and it does not warrant

    any interference by this Court.

    6. Heard the learned counsel appearing on either side and perused the

    materials available on record.

    7. There are totally four accused in the present revision, in which the

    petitioners were arrayed as Accused Nos.1 to 4. The crux of the allegation is

    that the 1st accused amassed wealth in his name and also in the name of his

    family members namely the Accused Nos.2 to 4 herein, which are

    disproportionate during the Check Period from 01.06.2006 to 31.05.2009 to

    his known source of income. The 2 nd accused is the wife of the 1 st accused,

    the 3rd accused is the son of the 1st accused and the 4th accused is the wife of

    3rd accused namely the daughter-in-law of the 1 st accused. The 1st accused

    was originally appointed as Deputy Agricultural Officer in the Horticulture

    Department, Coimbatore and he was promoted to the post of Professor.

    While he was serving as Professor in the Tamil Nadu Agricultural

    University, he was appointed as Special Personal Assistant to the Hon’ble

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    Minister for Agricultural Department by the Government of Tamil Nadu by

    an order dated 15.11.2006.

    8. Though the appointment order was issued on 15.11.2006, his

    appointment as Special Personal Assistant to the Hon’ble Minister for

    Agriculture was made on 01.06.2006 forenoon itself. Accordingly, he was

    relieved from the University on 31.05.2006 afternoon and joined duty as

    Special Personal Assistant to the Hon’ble Minister for Agriculture on

    01.06.2006 forenoon. On the complaint, the respondent registered the FIR

    alleging that during the period from 01.06.2006 to 31.05.2009, the 1 st

    accused along with his family members amassed wealth, which is

    disproportionate to their known source of income. The disproportionate

    assets worth about Rs.68,20,065/-, which comes to 145.84%

    disproportionate to their known source of income.

    9. The point for consideration in this revision is that whether the

    prosecution had obtained valid sanction to prosecute the 1 st accused. The

    prosecution obtained sanction to prosecute the 1st accused from the Tamil

    Nadu Agricultural University, dated 07.10.2022, thereby the Vice Chancellor

    of University accorded sanction to prosecute the 1 st accused. Admittedly,

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    during the Check Period from 01.06.2006 to 31.05.2009, the 1st accused was

    serving as Special Personal Assistant to the Hon’ble Minister for

    Agriculture. He was appointed by the Government of Tamil Nadu to the post

    of Special Personal Assistant.

    10. The learned Counsel for Government of Tamil Nadu (Criminal

    Side) appearing for the respondent vehemently contended that though the 1 st

    accused was appointed as Special Personal Assistant to the Hon’ble Minister

    for Agriculture, by the Government of Tamil Nadu, his parent Department is

    the Agricultural University and as such, the Vice Chancellor who is the

    Chairman of Board of Management accorded sanction to prosecute the 1 st

    accused. Hence, the Vice Chancellor being the Chairman of Board of

    Management is competent to accord sanction.

    11. This contention cannot be countenanced for the simple reason

    that during the Check Period, the 1 st accused was served as Special Personal

    Assistant to the Hon’ble Minister for Agriculture. He was appointed by

    Government of Tamil Nadu. The 1st accused was appointed under General

    Rule 11 of the Tamil Nadu State and Subordinate Services Rules and it

    stipulates that a person appointed under an agreement shall not be regarded

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    as a member of the service to which his appointment is included and shall

    not be entitled by reason only of such appointment to any preferential claim

    to any other appointment in any other service. It is relevant to extract the

    General Rule 11 (1) and (2) of the Tamil Nadu State and Subordinate

    Services Rules:-

    “11. Appointment by agreements. -(1) When in the opinion
    of State Government Special provisions inconsistent with any of
    these rules or of any other rules made under the proviso to article
    309
    of the Constitution of India or continuing by Article 313 of that
    Constitution (hereinafter referred to in this rule as the said rules)
    are required in respect of conditions of service, pay and
    allowances, pension, discipline and conduct with reference to any
    particular post, or any of them, it shall be open to the State
    Government to make an appointment to such post otherwise than in
    accordance with these rules or the said rules and to provide by
    agreement with the person so appointed for any of the matters in
    respect of which in the opinion of the State Government special
    provisions are required to be made and to the extent to which such
    provisions are made in the agreement, nothing in these rules or the
    said rules shall apply to any person so appointed in respect of any
    matter for which provision is made in the agreement:

    Provided that in every agreement, made in exercise of the
    powers conferred by this rule it shall further be provided that in
    respect of any matter in respect of which no provision has been
    made in the agreement the provisions of these rules or of the said
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    rules shall apply.

    (2) A person appointed under sub-rule (1) shall not be
    regarded as a member of the service in which the post to which he
    is appointed is included and shall not be entitled by reason only of
    such appointment to any preferential claim to any other
    appointment in that or any other service.”

    12. Therefore, the person, who is appointed under General Rule 11 of

    the Tamil Nadu State and Subordinate Services Rules is not entitled to claim

    any benefits only. That apart, even the specific case of the prosecution is that

    the 1st accused amassed wealth while he was holding the post of Special

    Personal Assistant to the Hon’ble Minister for Agriculture. Therefore, the

    Competent Authority to accord sanction is the Government of Tamil Nadu

    since the Government of Tamil Nadu only appointed the 1 st accused as

    Special Personal Assistant to the Hon’ble Minister for Agriculture.

    13. Further, the learned Counsel for Government of Tamil Nadu

    (Criminal Side) appearing for the respondent specifically contended that on

    the date of taking cognizance, the 1st accused is ceased to be a public servant

    and as such, there is no need to obtain any sanction to prosecute the 1 st

    accused. In support of his contention he also relied upon the above cited

    judgments of the Hon’ble Supreme Court of India.

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    14. The order of sanction was accorded by the Vice Chancellor of the

    Tamil Nadu Agricultural University as directed by Agricultural Production

    Commissioner and Secretary to Government of Tamil Nadu by the

    communication, dated 05.07.2022. In fact, the Board of Management of

    Tamil Nadu Agricultural University has no absolute power or authority to

    issue direction to accord sanction.

    15. The 1st accused was appointed as Special Personal Assistant to

    Hon’ble Minister for Agriculture, Government of Tamil Nadu from

    01.06.2006 to 03.06.2009. On 04.06.2009, he was appointed as Vice

    Chancellor of the Tamil Nadu Agricultural University by the Governor of

    Tamil Nadu. Thereafter, he attained the age of superannuation and retired

    from service on 31.08.2010 as Vice Chancellor. While being so, on receipt of

    unanimous complaint, the respondent herein registered FIR in Crime

    No.V&AC Hqrs Cr.No.1/AC/2018/HQ. Therefore, after a period of 12 years

    from the beginning of Check Period, the FIR got registered against the

    accused persons. Hence, there was a huge delay in registering FIR by the

    respondent.

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    16. The specific case of the prosecution is that the first accused is a

    public servant within the meaning of Section 2(c) of the Prevention of

    Corruption Act, 1988, and is charged with offences punishable under Section

    13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. Upon

    completion of the investigation, the respondent filed the final report in the

    year 2022, which was taken on file by the Trial Court in C.C. No. 1 of 2023.

    It is true that, prior to the amendment to the Prevention of Corruption Act,

    1988, there was no requirement to obtain previous sanction for prosecuting a

    retired Government servant. In the present case, the FIR was registered on

    01.03.2018, the final report was filed on 21.02.2022, and cognizance was

    taken by the Trial Court only in the year 2023, i.e., very much the

    amendment to the Prevention of Corruption Act, 1988 came into force on

    26.07.2018.

    17. Therefore, the amended provisions of the Prevention of

    Corruption Act, 1988 are squarely applicable to the present case. In terms of

    Section 19 of the Prevention of Corruption Act, 1988, no Court shall take

    cognizance of an offence punishable under Sections 7, 11, 13 or 15 alleged

    to have been committed by a public servant except with the previous

    sanction of the competent authority. Section 19(1)(b) of the Prevention of

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    Crl.R.C.No.2120 of 2024

    Corruption Act, 1988 provides that, in the case of a person who is employed,

    or who was, at the time of the commission of the alleged offence, employed

    in connection with the affairs of a State and is not removable from office

    save by or with the sanction of the State Government, previous sanction of

    the State Government is mandatory.

    18. The learned Senior Counsel appearing for the petitioners/accused

    contended that the Courts are prohibited from taking cognizance of any

    offence punishable under Sections 7, 10, 11, 13 and 15 of the Prevention of

    Corruption Act, 1988 against a public servant except with the previous

    sanction of the competent authority. In support of the said contention, he

    placed reliance upon the judgment of the Hon’ble Supreme Court in

    Nanjappa v. State of Karnataka [(2015) 14 SCC 186]. The relevant

    paragraphs of the judgment are extracted hereunder:

    “10. A plain reading of Section 19(1) (supra) leaves no
    manner of doubt that the same is couched in mandatory terms
    and forbids courts from taking cognizance of any offence
    punishable under Sections 7, 10, 11, 13 and 15 against public
    servants except with the previous sanction of the competent
    authority enumerated in clauses (a), (b) and (c) to subsection
    (1) of Section 19. The provision contained in subsection (1)
    would operate in absolute terms but for the presence of sub-

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    Crl.R.C.No.2120 of 2024

    section (3) to Section 19 to which we shall presently turn. But
    before we do so, we wish to emphasise that the language
    employed in sub-section (1) of Section 19 admits of no
    equivocation and operates as a complete and absolute bar to
    any court taking cognizance of any offence punishable under
    Sections 7, 10, 11, 13 and 15 of the Act against a public servant
    except with the previous sanction of the competent authority.
    ………

    18. The above line of reasoning was followed by this
    Court in State of Goa vs. Babu Thomas (2005) 8 SCC 130,
    where this Court while dealing with a case under Section 19 of
    the Prevention of Corruption Act, 1988 held that absence of a
    valid sanction under Section 19(1) went to the very root of the
    prosecution case having regard to the fact that the said
    provision prohibits any Court from taking cognizance of any
    offence punishable under Sections 7, 10, 13 and 15 against the
    public servant, except with the previous sanction granted by the
    competent authority in terms of clauses (a), (b) and (c) to
    Section 19(1). This Court was in that case dealing with a
    sanction order issued by an authority who was not competent to
    do so as is also the position in the case at hand.

    ……..

    20. What is important is that, not only was the grant of
    a valid sanction held to be essential for taking cognizance by
    the Court, but the question about the validity of any such order,
    according to this Court, could be raised at the stage of final

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    arguments after the trial or even at the appellate stage.”

    19. In view of the above, this Court accepts the contention of

    the learned Senior Counsel that a sanction order accorded by an

    incompetent authority would render the trial or the proceedings

    against the accused a nullity. This Court also accepts the proposition

    that the validity of a sanction order can be questioned at the very

    inception of the proceedings or even at the appellate stage. There is no

    dispute with regard to the said legal proposition.

    20. That apart, the final report was taken cognizance of by the

    Trial Court only in the year 2023, i.e., very much the amendment to

    the Prevention of Corruption Act, 1988 came into force on

    26.07.2018. Even assuming that the Vice-Chancellor, who accorded

    sanction in the present case, was competent to grant sanction for

    prosecuting the first accused, the Vice-Chancellor acted without

    following the procedure contemplated under the provisions of the

    Tamil Nadu Agricultural University Act, 1971.

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    21. Section 9(1) of the Tamil Nadu Agricultural University Act, 1971

    provides that the Governor of Tamil Nadu shall be the Chancellor of the

    University. Section 11(1) of the Tamil Nadu Agricultural University Act,

    provides that every appointment of the Vice-Chancellor shall be made by the

    Chancellor. Further, Section 11(3)(b) of the Tamil Nadu Agricultural

    University Act, stipulates that the Vice-Chancellor may be removed from

    office by the Chancellor upon a resolution of the Board passed by a majority

    of the total members of the Board and by a majority of not less than two-

    thirds of the members present and voting.

    22. In the present case, the first accused retired from service as the

    Vice-Chancellor of the Tamil Nadu Agricultural University. During the

    check period, he did not hold the post of Professor in the University. A

    perusal of the sanction order dated 07.10.2022 reveals that there is no

    reference to any resolution having been passed by the Board of Management

    by the requisite majority before according sanction for prosecution.

    Therefore, the sanction order dated 07.10.2022 has been issued by an

    incompetent authority without due application of mind. If the first accused is

    treated as the Vice-Chancellor, the competent authority to accord sanction

    would be the Chancellor, in terms of Section 11(3)(b) of the Tamil Nadu
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    Agricultural University Act, 1971. On the other hand, if the first accused is

    treated as the Special Personal Assistant to the Hon’ble Minister for

    Agriculture, the competent authority to accord sanction would be the

    Government of Tamil Nadu. Since the sanction order dated 07.10.2022 is

    non est in the eye of law, the prosecution cannot be sustained and is liable to

    be quashed.

    23. Further, the prosecution has also failed to obtain sanction under

    Section 197 of the Code of Criminal Procedure for prosecuting the first

    accused for the offence punishable under Section 109 of the Indian Penal

    Code. The absence of such sanction constitutes a jurisdictional defect

    affecting the very maintainability of the prosecution in respect of the offence

    under the Indian Penal Code. Apart from this, accused Nos. 3 and 4 are

    qualified medical practitioners having independent sources of income and

    separate financial affairs. They are also residing independently at Chennai.

    However, the prosecution has erroneously clubbed their assets with those of

    the first accused.

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    24. Merely because the third accused is the son of the first accused

    and the fourth accused is his daughter-in-law, the properties independently

    acquired by the fourth accused during the check period cannot automatically

    be included in the list of disproportionate assets of the first accused. In fact,

    the prosecution did not call for any explanation from accused Nos. 2 to 4.

    Solely on the basis of the explanation submitted by the first accused, the

    investigation was completed and the prosecution concluded that the accused

    had amassed assets disproportionate to their known sources of income.

    25. A perusal of the prosecution records reveals that the second

    accused had entered into an agreement for the sale of a property situated at

    Vadavalli, Coimbatore, and received an advance amount of Rs.40,00,000/-.

    The said amount was duly reflected in her Income Tax Return for the

    Assessment Year 2009-2010. However, the prosecution failed to take the

    said amount into account while assessing the assets of the accused. If the

    said advance amount and the properties independently acquired by the fourth

    accused are excluded from the computation, the remaining assets would not

    constitute disproportionate assets in relation to the known sources of income

    of the accused.

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    26. According to the prosecution, the accused were found to be in

    possession of assets worth Rs.46,28,000/- during the check period from

    01.06.2006 to 31.05.2009, as reflected in Statement No. VII, which were

    allegedly disproportionate to their known sources of income. After excluding

    the advance amount received by the second accused and the properties

    acquired independently by the fourth accused, the value of the alleged

    disproportionate assets would not amount to Rs.68,20,065/-. Further, the

    Income Tax Returns of accused Nos. 2 and 3 disclose that, through their

    Hindu Undivided Family (HUF) account, amounts of Rs.5,21,533/-,

    Rs.17,17,448/- and Rs.14,50,000/-, aggregating to Rs.36,88,981/-, had been

    advanced to sundry creditors. These amounts were subsequently recovered

    and utilised for the purchase of properties during the check period. However,

    the prosecution failed to treat the recovered amounts as a legitimate source

    of income during the relevant period. The Income Tax Returns further

    disclose that accused Nos. 3 and 4 had independent sources of income. They

    are medical practitioners by profession and the fourth accused also belongs

    to a financially well-established family. Thus, the prosecution has failed to

    consider the explanations and supporting materials furnished by the accused

    with due application of mind. Consequently, the prosecution suffers from

    fundamental legal infirmities, both with regard to the validity of the sanction

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    Crl.R.C.No.2120 of 2024

    for prosecution and the computation of the alleged disproportionate assets.

    Accordingly, there are no sufficient materials to frame charges against the

    accused for the offences punishable under Section 13(2) read with Section

    13(1)(e) of the Prevention of Corruption Act, 1988 read with Section 109 of

    the Indian Penal Code.

    27. In view of the foregoing discussions, the order passed by the

    learned Special Judge for Cases under the Prevention of Corruption Act,

    Chennai, in Crl.M.P. No.479 of 2023 in C.C. No.1 of 2023, dated

    15.11.2024, cannot be sustained and is accordingly set aside.

    28. In the result, the Criminal Revision Case is allowed. The

    petitioners are discharged from all the charges framed against them. No

    costs. Consequently, the connected Criminal Miscellaneous Petition is

    closed.

    
    
                                                                                                31.07.2026
                         Index                   :Yes / No
                         Speaking order          :Yes / No
                         Neutral Citation        :Yes / No
                         dm
    
    
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                                                                              Crl.R.C.No.2120 of 2024
    
                         To
    
                         1.The Special Judge, Special Court for cases
    

    under the Prevention of Corruption Act, Chennai.

    2.The Deputy Superintendent of Police
    Vigilance and Anti Corruption,
    Special Investigation Cell,
    Chennai – 600 016.

    3.The Public Prosecutor,
    High Court of Madras,
    Chennai.

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    G.K. ILANTHIRAIYAN, J.

    dm

    Pre-delivery order made in
    Crl.R.C.No.2120 of 2024

    31.07.2026

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