Order
1. Heard learned counsel for the parties.
2. In the present case, the sole appellant has challenged his conviction and pointed out that the Secretary (Vigilance), who accorded sanction, was not authorised to grant sanction. In this connection, reliance has been placed upon the judgment of this Court in P.A Mohandas v. State of Kerala (2003) 9 SCC 504 in which it has been laid down that for the first time Secretary (Vigilance) was authorised to accord sanction on 23-4-1994 and prior to that he was not competent to accord sanction. In the present case, the sanction is said to have been granted by the Secretary (Vigilance) prior to 23-4-1994, therefore, the impugned orders are fit to be set aside on this ground alone.
3. Accordingly, the appeal is allowed, the impugned orders are set aside and the appellant is acquitted of the charges. The appellant, who is on bail, is discharged from the liability of bail bonds.