this premise, one would need to scrutinize the sanction order in question.
9. The sanction order proceeds with the averment that the appellant joined ... were concerned with the grant of sanction, had so much as studied the draft sanction order or the case papers, they would have found
mentioned in the sanction order (Exh.34)
that 'for releasing him' and may not have mentioned in the sanction order
in the matter ... sanction order and accorded sanction. Both the documents
are identical. Apparently, the sanctioning authority had adopted the draft
sanction order.
28. PW-5 has deposed
draft sanction order, he approved draft sanction order. In
the sanction order and draft sanction order place and timing 06:30 pm is
not mentioned ... sanction order and accorded sanction. Both the documents
are identical. Apparently, the sanctioning authority had adopted the draft
sanction order.
27. Case of the prosecution
draft sanction order, he approved draft sanction order. In
the sanction order and draft sanction order place and timing 06:30 pm is
not mentioned ... sanction order and accorded sanction. Both the documents
are identical. Apparently, the sanctioning authority had adopted the draft
sanction order.
27. Case of the prosecution
accord sanction. There is no suggestion that the sanctioning authority should abdicate his responsibility and the reason for forwarding the draft sanction order is obvious ... within his rights to forward the draft sanction order and if the sanctioning authority had mechanically accorded sanction, that procedure was certainly open to question
Sanctioning Authority has not applied mind
while granting sanction to the prosecution of appellant.
The draft sanction order was mechanically accepted
without application of mind ... Sanctioning Authority.
Sanction order dated 03.08.2004 was marked as exhibit
43. According to him he did not agree that act of granting
sanction
mind and accorded sanction Exh.56. In his
cross-examination he has admitted that he has received the draft sanction
order along with the File ... model
draft of sanction order was sent to him. He has also admitted that the
contents of the sanction order issued
have issued the
sanction order for launching the prosecution. It is not
true to say that before issuing the sanction order there
was consultation between ... receiving the draft
sanction order where it was mentioned as "Name" I got
typed my name in the sanction order
submitted that the sanctioning authority had relied
upon a draft sanction prepared by a subordinate officer and had issued
the sanction order without independent application ... mind by
the sanctioning authority.
Here also, there is candid admission by sanctioning
authority regarding using draft sanction order.
12. Since way back
Sanctioning Authority proceeded on the earned
leave. It is interesting to note that Sanctioning Authority
would admit that the draft sanction order at Exhibit ... Thus, upon reading the testimony of the Sanctioning
Authority along with the draft Sanction and Final Sanction
Order, I hold, the Sanctioning Authority
