STATE OF PUNJAB Vs. MOHAMMED IQBAL BHATTI

JUDGEMENT

(1.) Leave granted.

(2.) The short question which arises for consideration in this appeal is as to whether the State has any power of review in the matter of grant of sanction in terms of Section 197 of the Code of Criminal Procedure, 197.

(3.) The basic fact of the matter is not in dispute. Respondent was working as Block Development and Panchayat Officer. A First Information Report was lodged against him on or about 6.9.2001 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. Upon completion of investigation, the Vigilance Department sought for sanction from the competent authority so as to enable it to prosecute the respondent. By an order dated 15.12.2002, grant of such sanction was refused. The matter, however, was placed before the competent authority once again and on or about 14.9.2004 sanction to prosecute the respondent was granted. Questioning the legality and/or validity of the said order, the respondent filed a writ petition before the High Court of Punjab and Haryana. By reason of the impugned judgment, the said writ petition was allowed opining that the State has no power of review and in any event, the impugned order could not have been passed as the State while passing its earlier order dated 15.12.2003 has exhausted its jurisdiction.