TaxTMI 
TaxTMI 
TaxTMI 
2013 (5) TMI 979
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....issue it is not necessary to state the facts in detail. Suffice it to state one Satish P. Doshi, proprietor of Shree Travels, the complainant, had given his vehicles to State Bank of India on contract basis and was entitled to receive hire charges for his vehicles periodically. The complainant experienced certain difficulties in getting his cheques and Tax Deducted at Source certificates. When he approached the accused-respondent, he demanded illegal gratification which was not acceded to by the complainant. Despite consistent refusal by the complainant, the demand of the accused was persistent which constrained the complainant to approach the CBI with a written complaint. The CBI took up the investigation and the raiding party carried out a trap operation, seized the bribe amount of Rs. 1000/-, sent the seized article to the CFSL, obtained the sanction order and ultimately on 5.10.2000 filed the charge-sheet before the learned Special Judge. After the trial was over the learned Special Judge adverted to all the issues and answered all of them in the affirmative against the accused but acquitted him solely on the base that the sanction order was defective and illegal and that went ....
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.... indicated the consideration by the sanctioning authority of the facts relating to the receiving of the illegal gratification by the accused. We think it apt to reproduce the order of sanction in that case: - "Whereas I am satisfied that Jaswant Singh Patwari son of Gurdial Singh Kamboh of village Ajaibwali had accepted an illegal gratification of Rs. 50 in 5 currency notes of Rs. 10 denomination each from one Pal Singh son of S. Santa Singh of village Fatehpur Rajputan, Tehsil Amritsar for making a favourable report on an application for allotment of an ahata to S. Santa Singh father of the said S. Pal Singh. And whereas the evidence available in this case clearly discloses that the said S. Jaswant Singh Patwari had committed an offence under S. 5 of the Prevention of Corruption Act. Now therefore, I, N.N. Kashyap, Esquire I.C.S. Deputy Commissioner, Asr, as required by S. 6 of the Prevention of Corruption Act of 1947, hereby sanction the prosecution of the said S. Jaswant Singh Patwari under S. 5 of the said Act." We have quoted the aforesaid order only to highlight the approach of this Court pertaining to application of mind that is reflected in the order. 7. In Mohd. Iqbal....
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....eat detail. Only because some of the said materials could not be proved, the same by itself, in our opinion, would not vitiate the order of sanction. In fact in this case there was abundant material before the sanctioning authority, and hence we do not agree that the sanction order was in any way vitiated." 11. In State of Karnata v. Ameerjan[(2007) 11 SCC 273] it has been opined that an order of sanction should not be construed in a pedantic manner. But, it is also well settled that the purpose for which an order of sanction is required to be passed should always be borne in mind. Ordinarily, the sanctioning authority is the best person to judge as to whether the public servant concerned should receive the protection under the Act by refusing to accord sanction for his prosecution or not. 12. In Kootha Perumal v. State through Inspector of Police, Vigilance and Anti-Corruption[(2011) 1 SCC 491], it has been opined that the sanctioning authority when grants sanction on an examination of the statements of the witnesses as also the material on record, it can safely be concluded that the sanctioning authority has duly recorded its satisfaction and, therefore, the sanction order is v....
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....said purpose at the office of Shree Travels situated at 445, Mahilashram Road, Somaya Building No. 2, Matunga Central Railway, Mumbai-19, before the panch witness when Mahesh Gandmal Jain was caught red handed by the officers of CBI, ACB, Mumbai. AND WHEREAS, the said acts on the part of Shre Mahesh Gandmal Jain constitute offences punishable under Section 7, 13 (2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988. AND WHEREAS, I, Shri Yeshwant Balkrishna Kelkar, Asst. General Manager, Office Administration Dept., State Bank of India, Corporate Centre, Mumbai, being the authority competent to remove the said Shri Mahesh Gandmal Jain, Accounts Clerk, Office Administration Dept., State Bank of India, Corporate Centre, Mumbai from office after fully examining the material, documents i.e. Statement of witnesses under the provisions of Section 161 of Criminal Procedure Code 1973, FIR, CFSL Opinion and other relevant documents placed before me in regard to the said above allegations and the facts and circumstances of the case, consider that the said Shri Mahesh Gandmal Jain has committed the offences and he should be prosecuted in the court of law for the said offences. NOW, theref....
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....hat apart, as the order would reveal, he has fully examined the material documents, namely, the FIR, CFSL report and other relevant documents placed in regard to the allegations and the statements of witnesses recorded under Section 161 of the Code and, thereafter, being satisfied he has passed the order of sanction. The learned trial Judge, as it seems, apart from other reasons has found that the sanctioning authority has not referred to the elementary facts and there is no objective material to justify a subjective satisfaction. The reasonings, in our considered opinion, are absolutely hyper- technical and, in fact, can always be used by an accused as a magic trick to pave the escape route. The reasons ascribed by the learned trial Judge appear as if he is sitting in appeal over the order of sanction. True it is, grant of sanction is a sacrosanct and sacred act and is intended to provide a safeguard to the public servant against vexatious litigation but simultaneously when there is an order of sanction by the competent authority indicating application of mind, the same should not be lightly dealt with. The flimsy technicalities cannot be allowed to become tools in the hands of an....