SITARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and matter is heard finally by consent of the learned Counsel for the parties.

(2.) The petitioner has called in question the order passed by respondent no.1 State Government, Water Resources Department, Mumbai dtd. 24/12/2020, granting sanction to prosecute him in terms of Sec. 19 of the Prevention of Corruption Act [P.C. Act] for the offence punishable under Ss. 7, 13[1][d] and 13[2] of the P.C. Act. Consequential relief of quashing of charge sheet No.6/2021 is also prayed for.

(3.) The principal challenge in this petition is as regards the extent of powers vested in the government in reviewing its order granting or refusing sanction to prosecute a public servant in terms of Sec. 19 of the P.C. Act. It is the case of the petitioner that the authority has no power to review its decision, sans fresh material.