https://www.taxtmi.com/caselaws?id=193772 Article 361 confers personal immunity on the Governor, so a writ petition cannot be used to challenge a sanction order for prosecution on merits. The sanction to prosecute is treated as an administrative act that does not determine guilt or, by itself, affect any fundamental right. On that basis, objections based on Article 21, mala fides, public interest, or the absence of prior investigation were not examined in the writ proceeding. The earlier Division Bench view was applied, and later Supreme Court observations in a different context were held not to alter the scope of Article 361. The challenge to the sanction order therefore failed. en-us Thu, 27 Apr 1995 00:00:00 +0530 Fri, 18 Aug 2017 18:19:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193772 Article 361 confers personal immunity on the Governor, so a writ petition cannot be used to challenge a sanction order for prosecution on merits. The sanction to prosecute is treated as an administrative act that does not determine guilt or, by itself, affect any fundamental right. On that basis, objections based on Article 21, mala fides, public interest, or the absence of prior investigation were not examined in the writ proceeding. The earlier Division Bench view was applied, and later Supreme Court observations in a different context were held not to alter the scope of Article 361. The challenge to the sanction order therefore failed. Case-Laws Indian Laws Thu, 27 Apr 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193772