ABDUL AZIZ GAURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Whether any estoppel or resjudicata applies for a competent authority, if he once decides not to grant such sanction for prosecution of a public servant under Section 19 of the Prevention of Corruption Act, 1988, and later on grants it on a reconsideration of the same material or at the instance of a higher authority, is the question?

(2.) The petitioner while working as Upper Division Clerk in the Industries Department, was caught red handed while taking the bribe of Rs.5000/- on 04.01.2009 in connection with work of the complainant, namely, Bankat Lal Bawari, partner of firm M/s Mangaram & Sons, in the office of Registrar of the Firms, Jodhpur.

(3.) A coordinate bench of this Court while issuing notices to the respondents vide the order dated 10th February 2012 stayed the operation of the prosecution sanction order, which interim order is in currency uptill now.