2000 (1) TMI 1012

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....gned order of sanction for prosecution given by the Chief Minister can at all be sustained in law. (3) The appellant was serving as Executive Engineer and the allegation is that in respect of some work a sum of Rs. 2,750. 00 was paid in excess to the contractor. Mr. B. B. Singh, learned counsel for the State of Bihar submitted that the non-discharge of the duty by the Executive Engineer in acco....

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....ally placed before the Minister of Law who refused to accord sanction after applying his mind to the entire materials and an order to that effect was passed. Subsequent to the same, the appellant retired in the year 1994 and it is only in 1997, the Chief Minister appears to have passed the impugned order. The appellant assailed the legality of, the aforesaid order in the High Court, but the High C....

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....s been processed after the earlier order refusing to sanction prosecution. (6) We find from the file that was produced that there has been no application of mind when the subsequent order was passed in the year 1997. It further appears that between the order refusing to sanction and the order that was passed in 1997, the investigating agency had not collected any fresh materials requiring fresh....