Sanjeev Kuchhal (Publishers) 29 November 2009

Sanction order in corruption case

In a corruption case, the sanction was refused earlier by the competent authority. Later, based on the same documents, whether the same authority can grant sanction. In such a case as there is not change in circumstances whether sanction is valid? Please provide some citations also with opinions.

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5 Replies

N.K.Assumi (Advocate) 29 November 2009

If material evidence on records is sufficient to the satisfaction of the competent authority to accord prosecution sanction, refusal of earlier sanction can not be a ground to invalidiate the subsequent sanction for prosecution. It is not a case of blowing jot and cold but materisl evidence to the satisfaction of the competent authority that matters.

Radhika (Operator) 29 November 2009

Appropriate authority who had earlier refused to accord sanction to prosecute a public servant has no power on re-consideration to review such an order and thereby according sanction to prosecute on the same material.

However it will be a totally different situation if any additional/fresh/new material is brought before the competent authority.

Pls see Omkar Sharma and etc. Vs. State of H.P. and Ors. 2003 CriLJ 1024

Sanjeev Kuchhal (Publishers) 29 November 2009

Thanks Radhikaji

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 30 November 2009

I fully agree with Radhika. If earlier any authority had not deemed fit to grant sanction and how the same authority on the basis of same set of documents and with no change of cirumstances review and reverse its own order? No chance,