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• Relevant statutory provisions • Judicial precedents and Supreme Court, High Court and other citations • Issue-wise legal analysis • Practical arguments and supporting content • Professionally structured draft ready for further review.
Court overturns Chief Minister's sanction order for prosecution due to lack of evidence and jurisdiction The Court set aside the order of sanction for prosecution given by the Chief Minister, ruling that pursuing prosecution against a retired individual for a ...
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Provisions expressly mentioned in the judgment/order text.
Court overturns Chief Minister's sanction order for prosecution due to lack of evidence and jurisdiction
The Court set aside the order of sanction for prosecution given by the Chief Minister, ruling that pursuing prosecution against a retired individual for a minimal loss of Rs. 2,750 was unreasonable. The Court found no new evidence presented between the initial refusal to sanction and the subsequent order, indicating that the matter fell under the Law Minister's jurisdiction as per the Rules of Business. The Court concluded that involving the Chief Minister was unnecessary, and the order lacked proper consideration. Consequently, the Chief Minister's order was overturned, and the appeals were resolved accordingly.
Issues: Validity of the order of sanction for prosecution given by the Chief Minister.
Analysis: The appellant, an Executive Engineer, was alleged to have caused an excess payment of Rs. 2,750 to a contractor due to non-performance of duty as per rules. The State contended that the failure to discharge duty was the crux of the charge, not the excess payment. However, the document itself indicated that the Executive Engineer's failure led to the excess payment. According to the Rules of Business, cases involving defalcation over Rs. 10,000 must be presented to the Chief Minister. In this case, the matter was initially presented to the Law Minister who refused sanction. The Chief Minister sanctioned prosecution in 1997 after the appellant's retirement in 1994. The appellant challenged the legality of this order, arguing that no new evidence was presented, and the previous authority had already considered and rejected prosecution. The State claimed the matter had not been referred to the Chief Minister before, justifying the subsequent order. However, upon review of the file, it was found that no fresh evidence was collected, and the Law Minister had appropriately dealt with the matter previously.
The Court observed that there was no fresh material collected between the initial refusal to sanction and the subsequent order in 1997. The loss to the exchequer was only Rs. 2,750, falling under the Law Minister's jurisdiction as per the Rules of Business. Pursuing prosecution against a retired individual for such a minimal loss was deemed unreasonable. The Court concluded that there was no need to involve the Chief Minister, and the subsequent order lacked proper consideration. Therefore, the impugned order of sanction by the Chief Minister was set aside, and the appeals were disposed of accordingly.
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