sanctioning authority has no right to conduct parallel investigation in prevention of corruption Act case
Nodoubt, challan under Section 7/13 (2)of the Act cannot be submitted unless sanction under Section 19 of the Act is accorded by the competent authority. The competent authority is required to consider the challan papers, apply his mind to the facts of the case and on being satisfied that sanction should be given, he should accord his sanction. It was not for respondent No. 3/competent authority/ Director, Personnel, to judge the truth of the allegations made against Sunder Lal by calling for the record/report of his department in connection with the said matter. He had no jurisdiction to hold a parallel investigation into the allegations made against Sunder Lal. In Indu Bhushan Chatterjee v. State of West Bengal, AIR 1958 SC 148 : (1958 Cri LJ 279) the Apex Court has held that "it was not for Mr. Bokil to judge the truth of the allegations made against the appellant by calling for the records of the connected claim cases or other records in connection with the matter from his office. The papers which were placed before him apparently gave him the necessary material upon which he decided that it was necessary in the ends of justice to accord his sanction." It is evident that respondent No.3/ competent authority/Director Personnel had declined togrant sanction on a ground
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