M.M.Kumar, J.

1. The appellant has come up in appeal under Clause X of the Letters Patent against the judgment dated 17.12.2009, passed by the learned Single Judge in CWP No. 14627 of 2007. The learned Single Judge has posed following two questions of law :-

"i) Whether an order passed refusing sanction to prosecute under the provisions of Section 19 of the Prevention of Corruption Act, 1988 (for short `the Act), can be reviewed ?

ii) If answer to question No. 1 is in the affirmative, whether, in the facts and circumstances of the case, order (Annexure P-3), under which the Vigilance Bureau was refused the sanction to prosecute the petitioner, could be reviewed by way of granting sanction for prosecution vide subsequent order (Annexure P-4)?"

2. Learned Single Judge noticed the judgment of Honble the Supreme Court rendered in the case of State of Punjab v. Mohammed Iqbal Bhatti, 2009 (3) RCR (Criminal) 861 : 2009(4) R.A.J. 605 and proceeded to answer the first question in affirmative. However, the argument raised on behalf of the petitioner- appellant that the condition precedent for exercising power of review in the matter of grant of sanction for prosecution is the availa