Order of sanction for prosecut is only an administrative act

The order of sanction is only an administrative act and not a quasi judicial

The order of sanction is only an administrative act and not a quasi judicial nor alis involved. The order of sanction need not contain detailed reasons in support thereof. But the basic facts that constitute the offence must be apparent on the impugned order and the record must bear out the reasons in that regard. [46H-47A] (18) Filing of charge-sheet before the court without sanction per se is not illegal, not a condition precedent. At any time before taking cognizance of the offence it is open to the competent authority to grant sanction and the prosecution is entitled to produce the order of sanction. [47E]
State of U.P. v. R.K. Joshi,[1964] 3 SCR 71, referred to.
(19) Proper application of mind to the existence of a prima facie evidence of the commission of the offence is only a pre-condition to grant or refuse to grant sanction. The question of giving an opportunity to the public servant at that stage does not arise.

Supreme Court of India

State Of Bihar Etc. Etc vs P.P. Sharma, Ias And Anr on 2 April, 1991

Equivalent citations: 1991 AIR 1260, 1991 SCR (2) 1

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