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2019 Supreme(Pat) 1958

ASHWANI KUMAR SINGH
Arun Sah – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner: M/s Anjani Kumar, Sr. Adv., Awadhesh Kumar.
For the C.B.I. : Mr. Bipin Kumar Sinha.

ASHWANI KUMAR SINGH, J.:–Heard Mr. Anjani Kumar, learned Senior Counsel appearing for the petitioner and Mr. Bipin Kumar Sinha, learned Standing Counsel, C.B.I.

2. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 31.08.2006 issued by the Director General, Council for Advancement of People’s Action and Rural Technology, New Delhi (for short CAPART) whereby sanction has been accorded under Section 19(1)(c) of the Prevention of Corruption Act, 1988 for prosecution of the petitioner for the offences punishable under Sections 120B and 420 of the Indian Penal Code and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 in connection with R.C. No.22(A)/ 2005 (Special Case No.25/ 2005).

3. Mr. Anjani Kumar, learned Senior Counsel appearing for the petitioner submitted that the order impugned dated 31.08.2006 was passed by the authority, who is not competent to remove the petitioner from office. He contended that as per the CAPART Bye-Laws, it is the Executive Committee and not the Director General, CAPART, who could have accorded sanction under Section 19(1)(c) of the Prevention

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