Rajinder Kumar vs State of Punjab - 2023 Supreme(P&H) 2153

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2153

GURVINDER SINGH GILL
Rajinder Kumar – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. A.P.S.Deol, Senior Advocate, with Mr. Vishal Lamba, Advocate; For the Petitioner
Mr. Luvinder Sofat, DAG, Punjab.

Table of Content
1. factual background of the corruption case (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. arguments regarding validity of prosecution sanction (Para 8 , 9 , 10)
3. court's reasoning on jurisdiction and validity of sanction (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. principle regarding the validity of sanction challenged during trial (Para 25)
5. final dismissal of the petition (Para 26 , 27)

JUDGMENT

Mr. Gurvinder Singh Gill, J.

The petitioner, against whom final report under Section 173 Cr.P.C., arising out of FIR No. 11 dated 2.8.2017, under sections 7, 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Bathinda, was presented and subsequently even charges have been framed by the trial Court during pendency of instant petition, assails the following orders:

(i) Order dated 28.4.2020 (Annexure P-28) passed by the office of Directorate, Local Government Department vide which a decision taken by the Director, Local Government Department pertaining to setting aside of Resolution No. 373 of Municipal Council, Mansa and further directing grant of sanction, had been conveyed to the Executive Officer, Municipal Council, M