JUDGMENT

Virender Singh, J. - The sole question for consideration raised before this Court in this revision petition filed by the Special Police Establishment, Bhopal is as to whether the prosecution sanction under Section 19 of the Prevention of Corruption Act, 1988 can be granted by the authority superior to the authority competent to remove the public servant from the service ?

2. The question is no more res integra. The issue has been set at rest by a Division Bench headed by one of us (Justice Sheel Nagu) vide order dated 10.03.2022 rendered in CRR No.2283 of 2021 (Ankit Pathak vs State of M.P. through SPE). Having regard to identicality of the issue, suffice it to reproduce relevant paras of this order authored by Justice Nagu, which are as follows:

'3. The question before this Court is as to whether an order of grant of sanction for prosecution stands vitiated in law if the same is passed by an authority superior in rank to the authority competent to remove the government servant from service.

3.1 The aforesaid issue/question is no more res integra as it stands concluded by the decisions of Apex Court in Mahesh Prasad v. State of U.P., AIR 1955 SC 70, State of U.P. v. Babu Ram U