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1999 Supreme(P&H) 360

R.L.ANAND
Harmesh Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. K.S. Ahluwalia, Advocate.
For the Respondent No. 1: Mr. Vikas Cuccuria, DAG, Punjab.
For the Respondent No. 3:Mr. H.S. Diwana, Advocate.

JUDGMENT

R.L. Anand, J. - Whether Additional Secretary Vigilance, Punjab can grant sanction for prosecution in the name of Governor by acting as competent authority will be a material point for determination in the present petition under Section 482 of the Code of Criminal Procedure filed by Harmesh Kumar, Forest Guard, who has prayed that case F.I.R. No. 49 dated 27.5.1991 registered in Police Station Bassi Pathana under Section 7 read with Section 13(2) of the Prevention of Corruption Act and all subsequent proceedings thereon be quashed as the Government of Punjab after making inquiry has decided to withdraw the case after the required approval of the Chief Minister vide Annexure P-12 and the competent authority within the meaning of Section 19 of the Prevention of Corruption Act, 1988 has refused to grant sanction to respondent No. 2 to prosecute the petitioner vide Annexure P-14 and P-15 and the subsequent act of passing of undated sanction order by the Additional Secretary Vigilance, Annexure P-16, be quashed as the Additional Secretary Vigilance is neither the appointing nor removing authority within the meaning of Section 19 of the Prevention of Corruption Act and thus cann











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