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2019 Supreme(Del) 882

REKHA PALLI
Sandeep Silas – Appellant
Versus
CBI – Respondent


Advocates:
Advocate Appeared:
Arvind K Nigam, Adv., Manish Bishnoi, Adv., Mikhil Sharma, Adv., Mehtaab Singh Sandhu, Adv., Pratishth Kaushal, Adv., Nikhil Goel, Adv., Gurpreet Hora, Adv., Ravinder Agarwal, Adv., V.S.R. Krishna, Adv., Vikas Pahwa, Adv., Karan Khanuja, Adv., Shadman Ahmed, Adv., Tushar Agarwal, Adv., Ashutosh Ghade, Adv., Nikhil, Adv., Anil Soni, Adv., Abhinav Tyagi, Adv., Archit Gupta, Adv., Abhijit Das, Adv.

JUDGMENT :

Rekha Palli, J.

This batch of four petitions under Section 482 of the Code of Criminal Procedure, 1973 has been filed by two senior officers of the Indian Railways. Crl.M.C. No.3137/2017 and Crl.M.C. No.3141/2017 assail identical but separate sanction orders dated 14.03.2017 passed by the Minister of Railways, granting approval for the petitioners' prosecution under the Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act”) as also the consequential order dated 01.07.2017 passed by the learned Trial Court taking cognizance against them. Crl.M.C. No.5094/2017 and Crl.M.C. No.5095/2017 impugn the order dated 08.05.2017, whereby the learned Trial Court has rejected the petitioners' application seeking a direction to the Sanctioning Authority to refer the matter regarding grant of sanction for their prosecution to the Department of Personnel and Training, Government of India (hereinafter referred to as “DoPT”) for a final decision, in compliance of the DoPT's OMs dated 15/17.10.1986, 06.11.2006 and 20.12.2006. For the sake of convenience, only the facts of Crl.M.C. No.3137/2017 are being referred to hereinbelow.

2. The petitioner who is a senior government off





























































































































































































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