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bharatbhai vyas   30 January 2023

Validity of authority sanction under rule 19

Sir, 

Related to curruption case,  police send  investigation record file to sanction athority (govt.ser) for the purpose of chargesheet sanction.

The file containing with only copy of FIR and PANCHNAMA , model sanction  letter no more relevant documents, evidence of any kind , statement of complaintat, P.W. and accused. 

Sanction authority issued order of sanction          aginst accused. 

1. The order of sanction is malified ?  In view of applied mind.

2. Sanction authority order was not in time period of 3 months but after delay period of 1year. No any clarification for the delay period  .                                 3. Hon. Trial .court  didn't attention at trial . 

4.  Accused was punished by court on other ground. Here no discussion the matter.

What's your opinion towards the issue.pls. kindly guide. Thanks.

 

1.  



Learning

 6 Replies

Swarnim Tripathi   30 January 2023

in my view the hon'ble trial court may have committed error in its application of law. the FIR, according the a leading supreme court case is not a substantial piece of evidence, fir can only be used to corroborated the statement and few facts in cases. The panchnama on record cannot be a proof of a act performed by specific person.
as the allegation of mala fide intention cannot be sustained merely on the basis of reasonable apprehension according to Delhi HC in Abhishek Bannerni V. ED. there must be some encounters and certain objectives which police must be satisfying.

in my opinion this very decision may be challenged on very nuance and technical terms by virtue of second appeal.

bharatbhai vyas   03 February 2023

Thank. Tripthaji.

Sudhir Kumar, Advocate (Advocate)     04 February 2023

what action deptt took after conviction

bharatbhai vyas   04 February 2023

Sirs, department dismissed from job.

Sudhir Kumar, Advocate (Advocate)     04 February 2023

what procedure was adopted for dismissal from service?

bharatbhai vyas   05 February 2023

Sirs,

Authority issued showcose notice to why not terminate from service? Whenever trial court convicted for the offence under prevention of curruption act. 

We argue writen and oral before the authority stated that hon.high court of Gujrat ordered of stay punishment till finnal desposal  of appeal.

Authority rejected all the matter from our side and passed order to terminate from service. As par govt. service and discipline rules. 


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