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NUPUR BHATI
Harish Chandra Bunkar (Balai) S/o Shri Ratan Lal Balai – Appellant
Versus
Board of Revenue, Ajmer – Respondent
JUDGMENT :
(1) The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers:-
Any other relief to which petitioner appears entitle to may kindly be also be passed in favour of the petitioner.”
(2) The facts in brief are that a complaint came to be filed by one Shri Rakesh Damore in ACB Outpost Dungarpur against the petitioner, while he was holding the post of Patwari, accusing him that he demanded bribe of Rs.15,000/-on the basis of which, an FIR (Annexure-2) came to be registered against him by ACB on 28.02.2014. While investigation was going on under the said FIR, the petitioner was promoted to the post of Inspector (Land Records) and at present, he is discharging his duties on the post of Additional Office Quanungo.
(3) After the investigation, a decision was taken to file challan against the petitioner for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Preventio
Grant or refusal of sanction for prosecution is not an empty formality – Act of according sanction for prosecution must be preceded by proper application of mind by competent authority.
The validity of the sanction granted to prosecute a public servant must be confirmed by a competent authority; failure to do so renders the prosecution invalid.
The court ruled that prosecution sanction must reflect independent application of mind and cannot be a mere repetition of the draft submitted by the prosecution agency.
The validity of the sanction to prosecute under the PC Act is crucial, and the sanctioning authority must apply its independent mind and satisfy legal requirements for granting sanction.
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