O R D E R

This writ petition has been filed seeking for a direction to the respondents to provide sanction to initiate criminal proceedings on the basis of the petitioner's representation's, dated 21/12/2022 within a stipulated time as fixed by this court and pass such further orders.

2.Heard both sides.

3.The learned counsel appearing for the petitioner would insist upon this court to pass a similar order, that was passed in WP(MD)No.6150 of 2017, dated 01/03/2019.

4.But the learned Additional Public Prosecutor would submit that proper representation was not given by the petitioner setting out the facts and circumstances and the necessity of granting sanction etc., facts. He simply sent a representation expressing his desire to file a private complaint against one of the officials of the Agricultural Department.

5.Earlier, petition in WP(MD)No.18362 of 2022 was filed by this petitioner seeking direction to take necessary action on the basis of the representation, dated

20/07/2022. That matter was heard by this court and liberty was granted to the petitioner to file appropriate proceedings before the trial court, since the learned Additional Public Prosecutor would submit that the complaint given by the petitioner was forwarded to the Director of Agricultural Department for necessary action. That writ petition was disposed, on 23/09/2022. After that, this writ petition has been filed seeking for the above said direction.

6.I am afraid that such sort of writ petition can be entertained by this court. Since before making a request seeking sanction, section 19 of the Prevention of Corruption Act must be complied.

7.Section 19 of the Act reads as follows:-

19. Previous sanction necessary for prosecution.—

(1)No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,—

(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;

(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office.

[Provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate Government or competent authority, as the case may be, for the previous sanction of such Government or authority for taking cognizance by the court of ay of the offences specified in this sub section, unless-

(i)such person has filed a complaint in a competent court about the Code of Criminal Procedure, 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceedings:

(ii)the court has not dismissed the complaint under section 203 of the Code of Criminal Procedure, 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding:

Provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate Government or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned pubic servant:

Provided also that the appropriate Government or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt:

Provided also that in case where, for the purpose of grant of sanction for prosecution, legal consulta