TaxTMI 
TaxTMI 
2014 (2) TMI 1394
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.... the Central Government respectively had declined to grant sanction, while they were in service. Since the prosecution was sought to be launched after their retirement, the same was challenged before the trial court and the High Court unsuccessfully. However, by order dated 21.08.2013, in Criminal Appeal No. 1213 of 2013 and Criminal Appeal No. 1214 of 2013, this Court quashed the proceedings for prosecution against Shri D.L. Rangotha and Shri D.P. Tiwari on the ground that once sanction for prosecution is refused by the competent authority while the officer is in service, he cannot be prosecuted after retirement notwithstanding the fact that no sanction for prosecution under the PC Act is necessary after the retirement of a public servant. The order was passed following the decision in Chittaranjan Das v. State of Orissa (2011) 7 SCC 167. 3. However, in the case of the Appellant herein, sanction was granted by the Standing Committee of the Corporation while he was in service. Though the same was subsequently withdrawn, that order was set aside by the High Court holding that the order on withdrawal was passed without proper application of mind. 4. The Appellant has three main con....
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....e, we may extract the relevant portion from the statement made on behalf of the State Government on a specific query from the court: The Respondent most respectfully submits that (sic) Section 45 and 48 of the Municipal Corporation Act 1956 empowers the Municipal Corporation to establish the committees and through Gazette Notification 1977 dated 21.03.1977 whereby Section 58 of the Municipal Corporation Act was amended, power was vested in the Standing committee to appoint any persons on the post of any such municipal post, which has maximum salary of more than Rs. 400/-.... XXX XXX XXX XXX The Respondent most respectfully submits that the above mentioned amendment was made in 1977 and the Petitioner was initially appointed in the Municipal Corporation on 17.12.79 by the Standing committee... 8. The Administrator is only an ad hoc arrangement made by the Government under Section 424 of the Madhya Pradesh Municipal Corporation Act, 1956 when an elected committee is superseded or dissolved. It so happened that the appointment of the Appellant was at a time when the Municipal Corporation was ruled by the Administrator. That does not mean that there should be a....
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....ord sanction for prosecution against them. The factual position about the three officers is as below. Shree R.K. Sharma the then Superintending Engineer was not from this department and was sent on deputation by the government and is now at presently retired. Shree R.K. Bhagat the then City Engineer has since retired and Shree P.L. Tatwal the then Assistant Engineer is presently posted with Municipal Corporation Ujjain. So please intimate Honourable Mayor about the above factual position and decision about grant of sanction be intimated so that the government may be intimated of the decision. After discussion, unanimously resolved that as per the recommendation of Municipal Commissioner, sanction is granted to take action to prosecute the concerned officers. Action be taken according to law. Sd/- (Smt. Anju Bhargav) Chairman, Standing Committee Municipal Corporation Ujjain Copy: Sr. No.: 1334 Date: 11-9-96 Commissioner, Ujjain Municipal Corporation to take necessary action. Enclosed: Government letter and photocopy of enquiry report of Special Police Establishment. Sd/- Municipal Secretary Ujjain Muni....
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....ction has been granted by the sanctioning authority after being satisfied that a case for sanction has been made out. 14.2. The sanction order may expressly show that the sanctioning authority has perused the material placed before it and, after consideration of the circumstances, has granted sanction for prosecution. 14.3. The prosecution may prove by adducing the evidence that the material was placed before the sanctioning authority and its satisfaction was arrived at upon perusal of the material placed before it. 14.4. Grant of sanction is only an administrative function and the sanctioning authority is required to prima facie reach the satisfaction that relevant facts would constitute the offence. 14.5. The adequacy of material placed before the sanctioning authority cannot be gone into by the court as it does not sit in appeal over the sanction order. 14.6. If the sanctioning authority has perused all the materials placed before it and some of them have not been proved that would not vitiate the order of sanction. 14.7. The order of sanction is a prerequisite as it is intended to provide a safeguard to a public servant against fr....