STATE OF JHARKHAND Vs. AJAY KUMAR MISHRA

JUDGEMENT

(1.) These two appeals have been preferred by State of Jharkhand and State of Bihar against the judgment dated June 21, 2004 passed by the learned single Judge in W.P.(S) No. 864/2004, whereby and whereunder, the writ petition preferred by the petitioner/1st respondent was allowed and the letter No. 6112 dated December 10, 2003 issued by the Government of Jharkhand according sanction under Section 197, Cr. PC to prosecute the writ petitioner 1st respondent has been set aside. The consequential letter No. 6814, dated 15th December, 2003 issued by Government of Jharkhand was also set aside by learned single Judge whereby and whereunder, the Director, Vigilance, D.O.P.I., Government of India, New Delhi was informed that the State Government has accorded sanction to prosecute the petitioner/1st respondent and requested the Government of India to accord sanction for the offence under Prevention of Corruption Act.

(2.) AS both the appeals can be disposed of on short point it is not necessary to discuss all the facts except the relevant one, as stated hereunder.

(3.) THE learned single Judge having noticed the fact as was pleaded by the writ petitioner/1st respondent and the decision of the Supreme Court in the case d Mansukhlal Vithaldas Chauhan vs. State of Gujarat, (1997) SCC 622 held that the respondents (State of Jharkhand and Bihar) failed to bring on record any document to suggest that they were considered by the sanctioning authority and after application of mind independently, the authority issued the order of sanction. It was held that the sanctioning authority without application of mind and without any basis had accorded sanction and thereby set aside the impugned order.