cross
examined, he denied the suggestion that he had received
only draft sanction order. Statement of some witnesses
had also been received along with ... from MTNL. He
further admitted that he might have received the draft
sanction as it is normally made by their vigilance section.
He too denied
within his right to forward the draft sanction order. But if the
sanctioning authority had mechanically accorded sanction then it is
bad. From the above ... Section 197 - Corruption case
against Government servant - Sanction issued by Authority -
Authority signed a prepared sanction draft which was put up to
him - Blank spaces
this case
sanctioning authority has granted the sanction in mechanical
manner without applying her mind . Sanctioning authority had
received a draft sanction order ... that
she had granted sanction without application of her mind and
sanction order Ex PW 3/A is verbatim of draft proforma.
25 Ld Defence
authority
has not applied its mind, he has simply signed the draft sanction order
sent by CBI. There is no merit in this argument ... follows:
"In the enclosure I had also received a draft sanction order
from CBI. Although draft sanction order was enclosed, I
personally gone through
verbatim of draft sent by CBI. He has stated that draft of sanction
order was prepared by his subordinate and sent for approval ... passed the
sanction order on the dotted lines without application of his mind. It is
correct that sanctioning authority had received a draft proforma
request letter for the grant of
sanction. It is submitted by him that sanctioning authority just signed
the draft proforma without application of mind ... accorded sanction Ex.
PW6/B. In his cross examination he denied that the sanction order
was the verbatim reproduction of the draft proforma
sanction. He denied the suggestion that he accorded the sanction in
mechanical manner without application of mind. He denied the
suggestion that he received draft ... accused for the alleged offence. He
admitted that he received a draft sanction order and a
draft sanction was also examined by vigilance cell
competent to accord sanction or that he
accorded the sanction without due application of mind. He denied
that he received any draft sanction from Anti ... accused for the alleged offence. He
admitted that he received a draft sanction order and a
draft sanction was also examined by vigilance cell
denied
the suggestion that he received the draft sanction order. Sanction order
Ex. PW9/A is in detail and in itself reflect due application ... accused for the alleged offence. He admitted that he
received a draft sanction order and a draft sanction
FIR No. 08/02 Page
counsel that the sanction is
bad in law as the sanctioning authority had not applied its mind and simply
signed the draft sanction order sent ... accorded the sanction in mechanical manner. The
sanctioning authority appeared in the court and categorically deposed that
he signed the sanction order after going through
