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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Rajender Parshad – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J. (Oral)
1. In all above subjected writ petitions a challenge is thrown to a common order dated 29.02.2024, passed by the Commissioner, Gurugram Division, Gurugram, wherethrough, permission has been granted under Section 17-A of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act of 1988'), therefore, amenable to be decided together through a common order.
2. The petitioners herein are officials of the Mines and Geological Department, Haryana, have approached this Court, fetching grievance from the impugned order (supra), wherethrough, permission under Section 17-A of the Act of 1988, for initiation of enquiry/investigation has been granted.
3. Before this Court embark upon the submissions, as made by learned counsel for the petitioners, lets have a glance over the facts, upon which there is no wrangle between the parties concerned.
i. A source report was received in the Vigilance Department at Narnaul, with regard to some embezzlement of funds in the Department of Mines and Geological, Haryana, and on the basis of the said complaint a regular vigilance Enquiry No.l, dated 29.06.2021, was registered after getting the approval from the
A valid sanction under Section 19 of the Prevention of Corruption Act requires independent application of mind by the sanctioning authority, and any failure to do so renders the sanction invalid.
The challenge to the order of sanction on the ground of improper application of mind or non-consideration of relevant material is required to be raised during trial and established by leading evidenc....
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 Government cannot grant prosecution sanction based on the same material after initially declining it without fresh evidence.
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