1329 of 2010 -19-
second respondent initially for declining sanction and
subsequently for granting sanction for prosecution.
15. I shall now consider the matter ... order declining sanction and taking
into account such relevant considerations he has reviewed
his earlier order and granted sanction for prosecution
once the sanctioning authority has refused sanction for
prosecution, it has no power to review that order and to grant
sanction for prosecution. Learned counsel ... petitioner.
31. An earlier order passed by the sanctioning authority
declining sanction for prosecution can be reviewed when it was
based on irrelevant considerations
grant of sanction
for prosecution. The competent authority i.e. the President of India
vide order dated 1.3.2011 granted sanction for prosecution of
Mrs.Justice ... placed before the Sanctioning
Authority (President of India) and whether the
Sanctioning Authority at any stage declined sanction for
prosecution in respect to the present
throughout in knowledge of the alleged incident
so also of the prosecution sanction declined on 28 th July ... proceedings with reference to prosecution
sanction placed on record, learned counsel asserted that while
prosecution sanction was declined, departmental proceedings were
proposed against the petitioner
Principal Sh. Deepak Sanan issued Prosecution
Secretary-cum- NOC for the commercial sanction
Financial use of Government land declined by
Commissioner, which was leased ... Deputy On 14.03.2008, Sh. K.K. Prosecution
Commissioner, Pant chaired a meeting sanction
Kangra, Himachal with other accused, declined by
Pradesh without following due Central
July, 1998
wrote back to the Vigilance Department and declined
to grant sanction for prosecution, as in its
opinion there was no prima facie case ... refused to grant sanction for prosecution and
thereafter declined to reconsider this decision and
further having declined to grant sanction for the
prosecution
impugned order, the Sanctioning Authority has not chosen to state anything about the previous orders declining sanction of prosecution dated 30.12.2008 and 18.05.2009 and that ... Authority, which has granted sanction, is the same on earlier two occasions, when the order declining sanction of prosecution was passed. On a reference
similarly situation, the prosecution sanction was
.
not obtained. The sum and substance of the order dated 20.01.2015 is
that the prosecution sanction was not required ... dated
20.01.2015 the then Governor has taken a specific decision declining the
prosecution sanction under Section 197 Cr.P.C. qua Sections
officer, for whom, sanction of
prosecution is sought, granted or declined.
The State Government having declined sanction to prosecute
the petitioner and despite the earlier ... charge
approved the draft prosecution sanction order. That is how the impugned
sanction order came to be passed launching criminal prosecution against the
petitioner. However
sanction for prosecution in the
hands of the sanctioning authority is to safeguard the honest public
servants from vexatious prosecutions. Grant of sanction for prosecution ... prosecuting agency had launched prosecution against the public
servants after their retirement even though sanction for prosecution
against them was declined while they were
