TaxTMI 
TaxTMI 
2009 (4) TMI 1077
X X X X Extracts X X X X
X X X X Extracts X X X X
....re therefore disposed of by this common judgment. Challenge in these appeals is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, questioning the order dated 3.10.2002 passed by a learned Special Judge and First Additional Sessions Judge, Indore framing charges in relation to accusations under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short the `Act'). A revision petition was filed by Virender Kumar Tripathi (hereinafter referred to as the `accused'). The State through Special Police Establishment, Lokayukt Office, Indore filed charge sheet against the accused alleging that during the period of 1.1.1980 to 1.1.1990 while serving as Ranger in For....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Secretary of the Department of Law and Legislative Affairs which was the legally authorized Department. However, the Court held that the plea that value of disproportionate asset was to be reduced so far as the exclusion of certain items is concerned, same was matter of evidence and is to be considered trial. The stands taken before the trial court were reiterated before the High Court. By the impugned judgment the High Court held that the Law and Legislative Department was required to consult the parent department which was necessary as per the circular/order dated 9th February, 1988 and, therefore, there was no proper sanction. Accordingly, it was held that the accused cannot be prosecuted on the basis of the sanction of the Law and Legi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion arises whether the absence of advice renders the sanction inoperative. Undisputedly the sanction has been given by the Department of Law and Legislative. The State government had granted approval of the prosecution. As noted above, the sanction was granted in the name of the Governor of the State by Additional Secretary, Department of Law and Legislative Affairs. The advice at the most is an inter-departmental matter. Further the High Court has failed to consider the effect of Section 19(3) of the Act. The said provision makes it clear that no finding, sentence or order passed by a Special Judge shall be reversed or altered by a court of appeal on the ground of absence of /or any error, omission or irregularity in sanction required unde....