TMI Blog2016 (10) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... n committed Having gone through the copy of note-sheets relating to sanction in question placed before us as part of rejoinder affidavit, it is evident that there had been proper application of mind on the part of the competent authority before the sanction was accorded. Our perusal of the said record does not indicate that any decision was taken by the competent authority, at any point of time, not to grant sanction so as to give the decision to grant sanction the colour of a review of any such earlier order, as has been contended before us. The opinion of CVC, which was reaffirmed and ultimately prevailed in according the sanction, cannot be said to be irrelevant for the reason that clause (g) of Section 8 of the Central Vigilance Commission Act, 2003 provides that it is one of the functions of the CVC to tender advice to the Central Government on such matters as may be referred to it by the Government. No reason to interfere with the impugned order passed by the High Court dismissing the writ petition. Accordingly, the appeal is dismissed. The interim order dated 25.11.2014, passed by this Court, is hereby vacated. The trial court is directed to conclude the trial expediti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty Services as a public notice appeared in Nav Bharat Times, showing her as the intended purchaser of a property that was to be bought for the company. 3. The appellant was arrested on 02.09.2010, and after about three days released on bail. He was placed under suspension by the authority concerned. The CBI sought sanction for prosecution of the appellant from the competent authority on which the file was processed, and at the first stage on 03.05.2011 advice of Central Vigilance Commission (CVC) was sought by the Finance Department. On 01.09.2011, the CVC recommended that the sanction for prosecution be granted. The department concerned (Finance Department) endorsed the matter again on 01.11.2011 for fresh opinion of the CVC. But the CVC, through its Office Memorandum dated 02.11.2011, reiterated its opinion. The Finance Department thereafter referred the matter to Department of Personnel and Training (for short DOPT ) for its views. The DOPT did not appreciate the stand of the Finance Department that the sanction should be accorded only if the CBI provides sufficient evidence and communicated the same through letter dated 29.03.2012. However, it observed that administrative w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y concerned with the organization in which he was working at the time of commission of the alleged offence; and c) In any other case, by the Department which administers the Act under which the alleged offence is committed; Provided that where, for offences alleged to have been committed, sanction is required under more than one Act, it shall be competent for the Department which administers any of such Acts to accord sanction under all such Acts. (4) Notwithstanding anything contained in sub-rule (3), the President may, by general or special order, direct that in any case or class of case, the sanction shall be by the Department of Personnel and Training. 7. There is no dispute that for an IRS officer Cadre Controlling Authority is the Finance Minister of the Government of India. In Bachhittar Singh v. The State of Punjab [1962] Supp. 3 SCR 713, Constitution Bench of this Court has held that the business of the State is a complicated one and has necessarily to be conducted through the agency of large number of officials and authorities. 8. In Jasbir Singh Chhabra and others v. State of Punjab and others (2010) 4 SCC 192, this Court held as under: - 35. It must alw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of a public servant, who is neither employed in connection with affairs of the Union or the State, from the authority competent to remove him. Sub-section (2) of Section 19 of the Act provides that where for any reason whatsoever any doubt arises as to whether the previous sanction, as required under sub-section (1) should be given by the Central Government or the State Government or any authority, such sanction shall be given by that Government or authority which could have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed. Sub-section (3) of Section 19 of the Prevention of Corruption Act, 1988 provides as under: - (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - (a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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