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2021 (8) TMI 1130 - HC - Indian LawsIssuance of prosecution sanction - non-application of mind - Allegation of taking Bribe - it was alleged that the petitioner was having an amount of ₹ 34,500/- in his pocket which was duly explained by the petitioner. - infringement of constitutional right of the petitioner or not - breach of rule of natural justice - requirement to remand the matter or not - HELD THAT:- This Court is of the firm view that if the Authority has not acted in accordance with the provisions as laid down and failed to exercise its discretion which is required to be exercised or failed to act according to the law as it is required to, this Court can interfere and set aside an order wherein the aforesaid principles are not followed. The State Government had already issued a circular on 15.5.2012 to the Head of Department to independently apply their mind before passing prosecution sanction - Admittedly, the Principal Secretary, Transport Department has only filled up the dotted lines. While issuing prosecution sanction dated 5.10.2017, he failed to take notice of the observations in the investigation report of the ACB. Thus, it is a case where this Court is satisfied that there has been a complete non-application of mind while issuing prosecution sanction. This Court deems it appropriate to quash the prosecution sanction dated 5.10.2017 issued by the Principal Secretary, Transport Department and the same is accordingly quashed. Whether the matter should be remitted back to the Authority for reconsideration of the matter and to pass a fresh order of sanction? - HELD THAT:- This Court finds that the petitioner has already attained superannuation and taking into consideration the allegations and observations made by the ACB investigation relating to the amount of ₹ 5160/- being as the personal amount and the opinion of Assistant Director (Prosecution) which has been taken notice in the connected criminal misc. petition, this Court is satisfied that no purpose would be served in remanding the matter to the authorities for prosecution sanction after a period of almost 9 years and this Court is inclined to give a quietus to the case so far as it relates to the petitioner. Accordingly, the proceedings against the petitioner are directed to be closed. Petition allowed.
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