Prior sanction under a special statute barred prosecution of a University officer, and discharge followed.

A special statute required prior sanction of the Syndicate as a condition precedent for any suit, prosecution or other proceeding against a University officer for acts done under the Act. Because the allegations arose from the appellant's official conduct as Vice-Chancellor, and the record also showed a governmental finding of good faith and direction to withdraw the cases, the prosecution was not maintainable without that sanction. The Court further noted that the materials did not justify continuation of the case on merits. The orders refusing discharge were set aside and the criminal proceedings were terminated.

---

---

Issues: Whether prosecution against an officer of the University could proceed without the previous sanction of the Syndicate under the governing statute, and whether the appellant was entitled to discharge from the criminal case.

Analysis: The statutory protection applicable to officers of the University made previous sanction of the Syndicate a mandatory pre-condition for any suit, prosecution or other proceeding in respect of acts done under the Act. The allegations related to acts performed by the appellant while discharging official duties as Vice-Chancellor, and the record also showed a governmental decision recognising that he had acted in good faith and directing withdrawal of the cases. In addition, the materials did not justify continuation of the prosecution on merits, and the lower courts had not correctly appreciated the legal effect of the statutory bar and the surrounding facts.

Conclusion: The prosecution could not be allowed to continue without prior sanction, and the appellant was entitled to discharge.

Final Conclusion: The orders refusing discharge were set aside and the criminal proceedings against the appellant were terminated.

Ratio Decidendi: Where a special statute makes prior sanction of the competent authority a condition precedent for prosecuting an officer for acts done in good faith under the statute, prosecution launched without such sanction is not maintainable and discharge must follow.

---