Is it normal to do so.....

mohan (Querist) 24 January 2013 This query is : Resolved
In a bribery case,Charge sheet is filed after getting sanction from Competent authority.While issuing sanction,the superiors,with out applying (conveniently) their mind,have expressed (additionally) their take on the complicity of the employee by misinterpretation and wrong reasoning of the circumstances on the basis of the report by IO.

1.Is it normal to do so..?
2.Whether this can be challenged if so,when is the right time....?

Charges have not yet framed. Thank you

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Devajyoti Barman (Expert) 24 January 2013
You can challenge the sanction anyway in the high court.

Hemant Agarwal (Expert) 25 January 2013
INTROSPECT ON THIS:

1. Previous Sanction is not required to prosecute Public Servant (subject to certain Parameters), as per the CVC guidelines on previous sanction by their Circular no. 08/03/12 (no. 012/VGL/020 dated 29-03-2012). In certain cases a period of 3 + 1 months is allowed from application and on failure to grant permission, the permission is deemed to be sanctioned.

2. Also the Supreme Court has held that even Private Citizen can file a case against a Public Servant, without taking any sanction from the relevant dept.
(In Civil Appeal No.1193 of 2012 (SLP(C) No.27535 of 2010)
Dr SUBRAMANIAN SWAMY vs Dr MANMOHAN SINGH AND ANOTHER
G S Singhvi and Asok Kumar Ganguly, JJ
Dated: January 31, 2012

Keep Smiling .... Hemant Agarwal

Sudhir Kumar, Advocate (Expert) 17 February 2013
FActs are very scanty, issue of very delicate. So no opinion can be formed. One must see tha papers in this case before forming any view.

Guest (Expert) 17 February 2013
Mr. Mohan,

When the case pertains to investigation and prosecution by CBI, normally the sanction is issued by the competent authority even without applying their mind to avoid wrath of the CBI, except when some strong Godfather is behind that officer.

If you believe that the samtion of the competent authority is wrong, you and your advocate can challenge the sanction on merits in the court of law during proceedings on the case, itself, but in rare case that is admitted unless very strong ground/facts are behind the issue of wrong sanction.

About CVC letter No. no. 012/VGL/020 dated 29-03-2012, as referred by Shri Hemant Agarwal, that probably would not apply in your case, as you seem to be a Manager in some PSU. The said guidelines are applicable only in the case of IAS/IPS/IFS Officers of the Government of India.

Rest can be discussed only if your provide specific details of your exact problem, as your academic type of query can fetch only limited information of general type only for you.