VIPUL RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition dated December 23, 2013 is at the instance of an administrative officer of the Indian Council of Agricultural Research (hereafter the ICAR). He is presently under suspension.

(2.) The petitioner is accused of commission of offence punishable in terms of the Prevention of Corruption Act, 1988 (hereafter the P.C. Act) and is standing trial before the CBI Court (Special), Alipore, South 24 Parganas in Special Case No. 25/2003. An order dated February 27, 2012 passed by the Director General of ICAR, respondent no. 3, according sanction to prosecute the petitioner is under challenge in this writ petition primarily on the ground that sanction was not asked for by the prosecutor and that there has been absolutely no application of mind on the part of the Director General in according such sanction, particularly when an earlier sanction that was accorded was found by the criminal court to be defective and incompetent.

(3.) The facts preceding this writ petition may be noticed.