Valid prosecution sanction depends on competent authority's decision and application of mind, not earlier differing administrative notings.

Sanction for prosecution of a public servant was upheld because the competent cadre-controlling authority acted within the Government of India (Allocation of Business) Rules, 1961 and properly applied its mind before granting approval under Section 19 of the Prevention of Corruption Act, 1988. Earlier departmental notings, including differing views from vigilance and personnel departments, did not amount to a final decision and did not vitiate the sanction. The Central Vigilance Commission's advice was only a relevant input in the process. Minor procedural irregularities were insufficient to invalidate the sanction absent failure of justice.

---

---

Issues: Whether the sanction for prosecution granted to the public servant was vitiated because earlier administrative notings reflected differing opinions, and whether the sanctioning authority lacked competence or failed to follow the applicable business rules.

Analysis: Under the Government of India (Allocation of Business) Rules, 1961, the cadre-controlling authority was competent to consider sanction, and internal file notings expressing divergent views did not themselves amount to a final decision. Sanction under Section 19 of the Prevention of Corruption Act, 1988 depends upon a decision by the competent authority, and the record showed proper application of mind before the sanction was granted. The earlier opinions recorded by departmental authorities, including advice from vigilance and personnel departments, did not invalidate the final sanction, as the ultimate decision rested with the authority legally empowered to accord it. The advice of the Central Vigilance Commission was also a relevant input within its statutory advisory function.

Conclusion: The sanction for prosecution was valid and not vitiated by the differing administrative opinions or alleged procedural irregularity.

Ratio Decidendi: Internal administrative notings do not by themselves determine the legality of a sanction; the decisive question is whether the competent authority, acting within the governing allocation of business and after application of mind, validly accorded sanction, and minor irregularities do not invalidate the sanction absent failure of justice.

---