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VIVEK AGARWAL, DEVNARAYAN MISHRA
Govind Singh Lodhi – Appellant
Versus
Union of India – Respondent
ORDER
Agarwal -- 1. This bunch of petitions is filed by set of banking officers belonging to the Punjab National Bank. It is submitted that these cases are similar in nature, whereby the competent authority after refusing to grant sanction, under the pressure of Chief Vigilance Commissioner and the Department of Personnel & Training (DoPT) has granted sanction without there being any change in the circumstances or without there being any new material brought on record.
2. For the purposes of reference, facts in the case of W.P. No.26941/2021 (Govind Singh Lodhi v. Union of India and others) are taken for consideration.
3. Petitioner’s contention is that petitioner was working as Manager (Credit) in MMG Scale-II, for which selection was conducted by the respondent-Punjab National Bank. He was declared successful and vide order dated 21.1.2013, he was offered appointment on the said post of Manager (Credit) in MMG Scale-II, where he gave his joining on 18.4.2013. Petitioner upon giving his joining, was posted at Kanthal (Ujjain). Petitioner was initially appointed on probation for a period of two years, as is evident from his appointment order (Annexure P-1).
4. It is submitted that
A public servant cannot be prosecuted under the Prevention of Corruption Act without a valid sanction from the competent authority, and such authority cannot delegate its power to grant or refuse san....
The Competent Authority cannot review its earlier decision to refuse sanction without fresh materials, and there is a distinction between absence of sanction and alleged invalidity on account of non-....
Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.
The main legal point established in the judgment is that the competent authority must consider fresh materials and apply independent mind in granting sanctions for prosecution, in accordance with sta....
The disciplinary authority must independently assess penalties without undue influence from external advice, ensuring adherence to principles of natural justice.
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