P N YOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, who is a Junior Engineer has challenged in this petition the order Annex. 8 dated 9-5-94 according sanction to prosecute him for the offence punishable under the Prevention of Corruption Act. That order is stayed while issuing notice by this Court and same is continuing till today. Today, this matter has come up for hearing on admission.

(2.) Learned counsel Shri Shishodia for the petitioner firstly submitted that once the higher authority refused to accord the sanction to prosecute the petitioner then its subordinate authority cannot grant fresh sanction and that too without giving opportunity of hearing to the petitioner. He submitted that by an order dated 9-2-93 (Annexure-3), the Deputy Secretary of the State Govt. refused to accord sanction to prosecute the petitioner for the offence under the Corruption Act. Only thereafter, on 9-5-94 the Chief Engineer accorded the sanction to prosecute him for the offence punishable under the Prevention of Corruption Act. He submitted that the Chief Engineer is subordinate authority to the State Govt., therefore, the order of sanction was illegal. In support of his submission learned counsel Shri D. S. Shishodia has relied upon an unreported judgment of the Supreme Court in case of Navnitbhai R. Kapasiawala v. Bhagwandas Vaniram Trivedi reported in 1982 Unreported Judgment (Supreme Court) 829 (2). He has also relied upon the Division Bench judgment of Allahabad High Court in case of Vaijal Bahadur v. State of U. P., reported in 1989 (2) Criminal Law Journal (No. 61).

(3.) I will first deal with the judgment of the Division Bench of Allahabad High Court which is only notes of cases. It appears that the same officer who earlier refused sanction after considering the entire material placed before him, subsequently granted sanction to prosecute the accused under the Prevention of Corruption Act. On facts of that case the Division Bench of Allahabad High Court held that it amounts to reviewing the order, therefore, the sanction accorded was held to be bad.