Sanction orders must withstand scrutiny unless substantiated irregularities are shown; mere delay in challenge indicates a lack of bona fides.

JUDGMENT :

A. BADHARUDEEN, J.

1. This Writ Petition is at the instance of the 4^th accused in C.C.No.24/2014 and C.C.No.25/2014 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Kozhikode. The reliefs prayed for herein are as follows:

“a) Issue a writ of certiorari calling for the records leading to Ext.P3 Sanction Order No. B3/20404/2002 dated 25-11-2013 issued by the 6th respondent.

b) Issue a writ of mandamus directing the respondents to drop all further proceedings pursuant to Ext.P3 Sanction Order as against the petitioner.

c) Dispense with translation of vernacular documents.

d) Issue such other writ, order or direction this Hon'ble Court deems fit to grant in the facts and circumstances of the case.”

2. Heard the learned counsel for the writ petitioner as well as the learned Special Public Prosecutor representing State of Kerala in detail. Perused Ext.P3 order and the relevant materials, including the final report produced by the writ petitioner.

3. The petitioner herein is the 4^th accused in C.C.Nos.24 and 25 of 2014, on the files of Special Judge (Vigilance), Kozhikode. Here the prosecution alleges commission of offences punishable under Section 13 (1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (`PC Act, 1988' for short) as well as under Sections 420 , 465, 468, 471, 477A and 120B of the INDIAN PENAL CODE (`IPC’ for short) by the accused. This crime was originally registered in the year 2002 as V.C.No.3 of 2002. The prosecution allegation is that accused Nos.1 to 14, while working as Assistant Teachers of Thodannur U.P School during the academic year 1995-96 and 1996-97, being public servants, abused their official positions and committed criminal misconduct by hatching criminal conspiracy among themselves. In furtherance of the said conspiracy, they forged and falsified school records, made bogus admissions on the basis of forged transfer certificates in respect of 56 students and marked false attendance in the attendance register/registers so as to inflate the roll strength of the students of the above school with fraudulent intention to avoid division fall and to retain the post of teachers causing financial loss to the Government. In continuation of the said acts, the accused teachers had drawn salary, which they were not entitled. According to the prosecution, Rs.3,09,130/- as pay and allowances for 4 teachers, who were artificially retained by reckoning bogus admission and Rs.510.50 by way of maintenance grant allotted to Thodannur U.P. School. Thus a total amount of Rs.3,09,641/- was alleged to be misappropriated by the accused.

4. Even though this crime was registered in the year 2002, in respect of an occurrence that took place in the year 1997, the final report was filed only in the year 2014 due to the delay in obtaining the FSL report and other related documents to prove forgery and falsification as alleged.

5. In this petition the prayer is to quash Ext.P3 sanction issued by the sanctioning authority to prosecute the petitioner, who is the 4^th accused in this case. According to the learned counsel for the petitioner, as per Ext.P4 Government Order dated 08.11.1996, the Government ordered to retain all aided teachers rendered surplus consequent on the division fall and reduction of posts during the staff fixation of the current academic year, i.e 1996-1997. Therefore, none of the offences would be attracted and the prosecution sanction issued is erroneous and is to be interfered.

6. Whereas it is submitted by the learned Public Prosecutor that, in this matter after framing charge the matter is scheduled for examination of witnesses starting from 17.12.2025 and at this juncture in order to stall the trial in a serious case, the petitioner has fil