Charges dropped, accused MCD engineer walks free
15 April 2015 6:08 AM IST
A Delhi court has dropped the proceedings against an executive engineer of the Municipal Corporation of Delhi (MCD) in a graft case on the grounds that the sanction to prosecute him was not granted by the competent authority. Special CBI Judge Talwant Singh passed the order, while discharging Ajay Kumar Dixit in a case filed under provisions of Prevention of Corruption Act.
The court said that Dixit belonged to the ‘A’ category employees of the corporation and in his case, the sanction to prosecute him was granted by the MCD commissioner, who was not the competent authority.
It said that the MCD was the competent authority to grant sanction and gave liberty to the CBI to obtain fresh sanction from the competent authority for his prosecution.
“Proceedings against the present applicant/accused Ajay Kumar Dixit are dropped,” the court said, adding that “it is not the commissioner, who is competent to grant the said sanction as the present applicant/accused is admittedly a Group A employee of the MCD.
“However, CBI is at liberty to obtain a fresh sanction for the prosecution of the applicant/accused from a competent authority and proceed further in accordance with the law. Present proceedings against the accused stand dropped,” it said.
The court said that Dixit belonged to the ‘A’ category employees of the corporation and in his case, the sanction to prosecute him was granted by the MCD commissioner, who was not the competent authority.
It said that the MCD was the competent authority to grant sanction and gave liberty to the CBI to obtain fresh sanction from the competent authority for his prosecution.
“Proceedings against the present applicant/accused Ajay Kumar Dixit are dropped,” the court said, adding that “it is not the commissioner, who is competent to grant the said sanction as the present applicant/accused is admittedly a Group A employee of the MCD.
“However, CBI is at liberty to obtain a fresh sanction for the prosecution of the applicant/accused from a competent authority and proceed further in accordance with the law. Present proceedings against the accused stand dropped,” it said.
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