ASHUTOSH BHARGAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant.

(2.) This Special Appeal is directed against the judgment of learned Single Judge, dated 21.02.2012, by which she had dismissed the writ petition, challenging the sanction given by the Central Government, to prosecute the appellant, an Officer of Indian Administrative Service, in FIR No.150/1998, registered at Rajasthan State Bureau of Investigation, Jaipur for the offences under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) The writ petition was filed on the grounds that the competent authority did not approve sanction under Section 197 Cr.P.C. The State Government, while making recommendations for sanction to the Central Government, did not apply its mind, nor the orders were passed by the Chief Secretary, and the Chief Minister of the State of Rajasthan. A draft of sanction, recommended by the State Government sent without approval of the Chief Secretary and Chief Minister of Rajasthan, was approved by the Central Government without application of mind.