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SHREE CHANDRASHEKHAR, REKHA BORANA
Harish Chandra Bunkar Balai, son of Shri Ratan Lal Balai – Appellant
Versus
Board of Revenue Ajmer, through its Registrar – Respondent
ORDER :
(Rekha Borana, J.)
1. The present special appeal has been preferred against the judgment dated 24th May 2023 passed by the learned Single Judge in S.B. Civil Writ Petition No.1976 of 2015. By virtue of the writ Court’s this order, the sanction for prosecution granted vide order dated 28th January 2015 by the Collector, Banswara against the appellant stood affirmed and the writ petition preferred by the petitioner/appellant was dismissed.
2. The main plea raised on behalf of the appellant before this Court is that the sanctioning/competent authority did not apply his independent mind while granting the prosecution sanction.
3. Learned counsel for the appellant submits that the order dated 28th January 2015 is just a verbatim copy of draft prosecution submitted by the Anti Corruption Bureau to the Collector which clearly reflects that the Collector did not apply his mind and just passed the order dated 28th January 2015 in a cyclostyled manner. In support of his submission, learned counsel relied upon the judgments of the Hon’ble Apex Court in Mansukhlal Vithaldas Chauhan Vs. State of Gujarat, 1997 (7) SCC 622, State of Karnataka Vs. Ameer Jan, (2007) 11 SCC 273 and State of Ma
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 sanctioning authority must provide reasons and demonstrate due application of mind when granting prosecution sanction under the Prevention of Corruption Act.
The court held that while it can review sanctions for prosecution under the Prevention of Corruption Act, disputed facts must be resolved in criminal court, not through writ jurisdiction.
The validity of prosecution sanction must be evaluated at trial; minor irregularities do not nullify proceedings without evident failure of justice.
Point of law : Sanctioning authority while granting sanction ought to have recorded their satisfaction that on what basis he arrived at the conclusion to grant sanction.
The prosecution sanction must reflect the authority's independent application of mind to all relevant materials, ensuring due process in granting prosecution under the Prevention of Corruption Act.
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