ORDER

1. Delay condoned. Leave granted.

2. The challenge herein is against the order dated 11th January, 2013 passed by the High Court of Delhi in a writ proceeding registered as W.P. (C) No. 578 of 2010 by which the Order dated 21st October, 2009 granting sanction for prosecution of the Respondent No. 1 - Ashok Kumar Aswal has been interfered with by the High Court. Aggrieved, the Central Bureau of Investigation (hereinafter referred to as "the CBI") and Union of India have filed the present appeal.

3. We have heard the learned Counsels for the parties.

4. The facts that would be required to be noticed lie within a short compass and may be enumerated as hereunder. As far back as in the year 2004 the CBI had registered RC No. BA/1/2004/A0031 on the complaint of one Khalik Chataiwala against one Rajeev Agarwal, Commissioner, Central Excise, Panvel and the Respondent No. 1 Ashok Kumar Aswal, who was then working as the Assistant Commissioner, Central Excise.

5. The complainant had alleged that a demand for bribe to settle certain central excise cases against two companies was made by the accused and that the same was paid and accepted.

6. It appears that the CBI submitted a report recommen