Lawstreet Journal

Sanction Order U/S 19 Of PC Act Can Be Reviewed By Sanctioning Authority Where Fresh Material Has Been Collected: Chhattisgarh High Court

Lawstreet Journal 7 Oct 2019 5:42am

Image courtesy: Lawstreet Journal Judiciary Sanction Order U/S 19 Of PC Act Can Be Reviewed By Sanctioning Authority Where Fresh Material Has Been Collected: Chhattisgarh High Court

The Chhattisgarh High Court on April 6, 2018, in the case of Dilip Kumar Sharma v. State of Chhattisgarh, has held that prosecution sanction order under Section 19 of the Prevention of Corruption Act, 1988, can be reviewed by the sanctioning authority where fresh material has been collected and brought to the notice of the said authority.

Background

The petitioner was a public servant working as Branch Manager of Chhattisgarh State Ware Housing Corporation, Branch Balod. In order to charge-sheet the petitioner under Sections 13(1)(e) and 13(2) of the Act of 1988, sanction for prosecution under Section 19 was sought from the Managing Director, Chhattisgarh State Ware Housing Corporation by the investigating agency. The said sanctioning authority by its order dated 29- 7-2016, finding no case for grant of sanction, rejected the application. Later, the Board of Directors examined the matter and found that prima facie case is made out against the petitioner under Sections 13(1)(e) and 13(2) of the Act of 1988. The sanction for prosecution of the petitioner was granted under Section 19 of the Act of 1988.

The petitioner then filed the instant petition questioning the said order of sanction for prosecution stating inter alia that once a decision has been taken not to grant sanction, in absence of fresh material collected, subsequently after the earlier order, the sanctioning authority has no power to review its earlier order declining sanction for prosecution. Therefore, the impugned order deserves to be set aside.

Issue

The main issue for consideration was… Continue Reading...


Tagged: Chhattisgarh High Court  
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