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8.4 Further reliance has been placed on Sahni Silk Mills (P) Ltd. & ESI Corporation, 1994 (5) SCC 346 wherein it has been held that delegated power cannot be sub delegated. He has further relied upon the judgments of Hon'ble Supreme Court in State of Goa v. Babu Thomas (2005) 8 SCC 130, K. Devasia v. State of Kerala (2006) 10 SCC.
CC No. 12/2010 52(Parveen Singh) Spl. Judge: CBI-02, NDD: 17.09.2016 8.5 It has further been contened on behalf of accused that the sanction for prosecution is also not valid because of the check period as mentioned in the sanction order. While according the Sanction for prosecution, the matter was dealt in detail and it was after the complete analysis of the situation, that sanction was accorded for the check period from 1.1.1996 to 11.10.2006. It was also mentioned in the draft sanction order and it was this date only, which was approved by the Minister of State and thus, communicated to CBI. By no stretch of imagination, it can be said to be a typographical error as the check period was decided by the sanctioning authority after due deliberation and application of mind. In this regard, reliance has been placed on J.Samuel & Ors. Vs. Gattu Mahesh & Ors. (2012) 1 SCR 295 wherein Para 21 and 22 of the said judgment the Apex Court was of the following view: "In the given facts, there is a clear lack of `due diligence' and the mistake committed certainly does not come within the preview of a typographical error. The term typographical error is defined as a mistake made in the printed/typed material during a printing/typing process. The term includes errors due to mechanical failure or slips of the hand or finger, but usually excludes errors of ignorance. Therefore the act of neglecting to perform an action which one has an obligation to do cannot be called as a typographical error. As a consequence the plea of typographical error cannot be entertained in this regard since the situation is of lack of due diligence wherein such amendment is impliedly barred under the Code.
22. The claim of typographical error/mistake is baseless and cannot be accepted. In fact, had the person who prepared the plaint, signed and verified the plaint showed some attention, this omission could have been noticed and rectified there itself. In such circumstances, it cannot be construed that due diligence was adhered to and in any event, omission of mandatory requirement running into 3 to 4 sentences cannot be a typographical error as claimed by the plaintiffs. All these aspects have been rightly considered and concluded by the trial court and the High Court has committed an error in accepting the explanation (Parveen Singh) Spl. Judge: CBI-02, NDD: 17.09.2016 that it was a typographical error to mention and it was an accidental slip."
9.4 Thereafter, PW54 was reexamined u/s 311 Cr.P.C. During his re examination, he deposed that he had brought the entire file pertaining to sanction granted in respect of accused B. R. S. Rathaur. The sanction for prosecution of Sh. B. R. S. Rathaur was processed in the Ministry. The relevant noting on this aspect was from page no. 4 to 12 of the file. As per the note dated 7.1.2010 prepared by him, it was observed that during the investigation CBI had extended the check period and taken it to be from 1.1.1985 to 11.10.2006 i.e the date of search. This note had his signatures at point A and was exhibited as Ex.PW54/C. The note Ex.PW54/C was approved by the Minister on 19.1.2010 who had signed at point B on Ex. PW54/C. As a follow up, the matter was to be sent to CVC and approval in this regard was sought vide note 09.02.2010. On approval being granted, the file was sent to CVC vide letter dated 11.02.2010 and noting in this regard was Ex.PW54/D. In response, the CVC had agreed with the Ministry that the sanction for prosecution of Sh. BRS Rathor was made out. This agreement was communicated to the Ministry vide letter dated 06.04.2010. The Vigilance Department of the Ministry had sent this letter Ex.PW54/E for appropriate action. On the basis of this, he prepared the note Ex.PW54/F dated 13.4.2010 seeking the accord of sanction by the Minister for prosecution of Sh. B. R. S. Rathaur as required U/s 19 of the POC Act. He had also prepared a draft order. This note and the draft sanction order was approved by the Minister of State Sh. M. Ramchandaran at point B on Ex. PW54/F. The note (Parveen Singh) Spl. Judge: CBI-02, NDD: 17.09.2016 Ex.PW54/C was prepared by him on the basis of the request of CBI and the documents annexed therewith. The request for grant of sanction was made by CBI through a letter Ex.PW54/G dated 29.6.2009. He further deposed that on the basis of entire record, he could say that Minister intended and had infact approved the sanction for prosecution of Sh. B. R. S. Rathaur for the check period wef Ist January 1985 to 11.10.2006. After seeing the sanction order Ex. PW54/B and especially para no.2 of the order wherein check period had been mentioned from 1.1.96 to 11.10.2006, he stated that this was merely a typographical error as according to the record the sanction had been accorded wef 1.1.1985 to 11.10.2006.
9.8 This proposal was approved by the Secretary Administration vide his signatures at point A on Ex.PW54/D. 9.9 This further makes it clear that the Ministry had intended to accord sanction from 01.01.1985 to 11.10.2006 and not from 01.01.1996 to 11.10.2006, as has been contended on behalf of the accused.
CC No. 12/2010 61(Parveen Singh) Spl. Judge: CBI-02, NDD: 17.09.2016 9.10 Considering the files sent pursuant to note Ex.PW54/F, CVC approved / advised the grant of sanction vide note Ex.PW54/E. A holistic reading of these documents clearly shows that Minister while considering this case, from the very beginning, was well aware that the check period had been extended and was being taken from 01.01.1985 to 11.10.2006 instead of 01.01.1996 to 11.10.2006. The SP report which was sent to the Ministry is Ex.PW54/G1. It also clearly mentioned the check period to be 01.01.1985 to 11.10.2006 and it considered the assets, income and expenditure of the accused for this period only. Therefore, when the department went through this entire issue, Minister of Home Affairs was well aware of the extension of check period and was approving the check period from 01.01.1985 to 11.10.2006. I find that testimony of PW54 that mentioning of the check period as 01.01.1996 was merely a typographical error and that in fact, the sanction had been granted from 01.01.1985 to 11.10.2006 is supported by the office notings and deliberations that had taken place in the Ministry in the process of granting this sanction. I accordingly find no infirmity in the sanction for prosecution u/s 19 of POC Act and hold that it was a valid sanction order.