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2014 (2) TMI 1394 - SC - Indian LawsSanction for prosecution - Irregularities in the award of the contract and construction of administrative building for the Corporation of Ujjain during the period 1991-1993 - valid sanction by the competent authority or not - proceedings for prosecution against superior officers - Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 - HELD THAT:- The grant of sanction is only an administrative function. It is intended to protect public servants against frivolous and vexatious litigation. It also ensures that a dishonest officer is brought before law and is tried in accordance with law. Thus, it is a serious exercise of power by the competent authority. It has to be apprised of all the relevant materials, and on such materials, the authority has to take a conscious decision as to whether the facts would reveal the commission of an offence under the relevant provisions. No doubt, an elaborate discussion in that regard in the order is not necessary. But decision making on relevant materials should be reflected in the order and if not, it should be capable of proof before the court. The trial court should conduct a proper inquiry as to whether all the relevant materials were placed before the competent authority and whether the competent authority has referred to the same so as to form an opinion as to whether the same constituted an offence requiring sanction for prosecution. Appeal allowed.
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