GWALIOR ALCOBREW PVT. LTD. Vs. STATE OF RAJASTHAN, THROUGH ITS CHIEF SECRETARY, SECRETARIAT BUILDING, JAIPUR 302005, RAJASTHAN

JUDGEMENT

(1.) By this writ petition, a direction is sought on the respondents to take a decision on the applications for grant of sanction for prosecution of the officers, named therein. It is in reference to section 19 of the Prevention of Corruption Act, 1988 (for short "the Act of 1988").

(2.) Learned counsel submits that the petitioner company made two applications for grant of sanction for prosecution but the respondents are sitting tight over it thus appropriate direction may be given for a decision in the light of the judgments of the Apex Court in the case of Vineet Narain and Ors. v. Union of India and Anr. reported in 1998(1) SCC 226 and Subramanian Swamy v. Manmohan Singh and Anr. reported in (2012) 3 SCC 64 .

(3.) It is stated that two officers, namely, Mr. Punit Sharma and Mr. Yogendra Singh have committed offence under the Act of 1988 thus the petitioner company intends to maintain a complaint under Section 190 Cr.P.C., 1973 before the competent court. The Court would not proceed in absence of sanction for prosecution. In view of the above, the petitioner company made applications to seek sanction for prosecution of the offence. Those applications have not been considered by the respondents despite direction of the Apex Court to decide such applications within time frame. The judgment of the Apex Court in the case of Vineet Narain and Ors. (surpa) has been relied in the case of Subramanian Swamy (supra) and, according to those judgments, the applications have to be decided within time frame. Accordingly, a direction may be given to the respondents to consider and decide the applications within time frame.