T A RAMABABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by an employee of the State government questioning the legality of the sanction orders issued by the first respondent-State for the purpose of the provisions of section 19 (1) of the Prevention of Corruption act, 1988 (for short, the Act ).

(2.) WHILE Annexure -A and B produced along with the writ petition are identical sanction orders under the very provisions bearing two different dates viz. 25-8-2006 and 28-9-2006 and the petitioner had initially sought for quashing of these two orders, in view of further developments during the pendency of the writ petition, an additional prayer is added by way of amendment to call for the entire records relating to and connected with the charge-sheet dated 23/27-12-2006 bearing No. 3/ 2006 in Special Case No. 33 of 2006 before the court of Principal District and Sessions Judge, dakshinakannada District at Mangalore. This amendment was sought for in the wake of the development that the sanction had been translated into filing of the charge-sheet against the petitioner before the special Court and the special Court has also taken cognizance of the matter.

(3.) THE writ petition is mainly on the ground that the so-called sanction orders at annexures-A and B are not valid in law; that the very fact that there are two orders itself shows lack of application of mind on the part of the authorities; that in complying with the statutory requirements of Section 19 (1) of the act, it is well established on authority of law that want of sanction after due application of mind vitiates that proceedings for prosecuting a person; that the condition being prerequisite for the Court to take cognizance of the offences punishable under Sections 7 and 13 of the Act, as alleged in the present case, the proceedings are without authority of sanction, a nullity in law and therefore not only the impugned sanction orders should be quashed by issue of a writ of certiorari but also pending criminal proceedings before the special Court.