S VARADHA RAJU Vs. NAVAGHANA SEETA RAM

JUDGEMENT

(1.) AT the time when a complaint has been filed against a public servant. the allegation per se has to be taken into account. It is not the settled principle that in each case where a complaint has been filed against a public servant sanction hag to be obtained. Whether on the allegations of the petition itself powers in excess of those delegated have been exercised has to be considered. If he is found to have exceeded the powers, sanction is necessary. If, on the evidence, it is found that the acts done by him are within the permisible limits of the powers, the proceedings will be dropped. In this case, on a reading of the complaint, there are certain allegations against the public officer to the effect that he acted beyond the scope of the powers conferred. So, at this stage, it cannot be said that for lack of sanction, the proceedings against him has to be quashed.

(2.) THE petition is dismissed.