TMI Blog2010 (12) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... registered under Sections 7 and 13 (2) of the 1988 Act at Police Station AC Zone, Bilaspur. Thereafter, a raiding party under the supervision of Deputy Superintendent of Police, AC Zone, Bilaspur was constituted and a trap was laid on May 12, 2005. The respondent is said to have been caught red-handed on that day accepting the bribe from the complainant. The respondent was arrested and produced before the Additional Sessions Judge, Ghumarwin and was remanded to judicial custody upto May 16, 2005. The respondent was released on bail later on. Upon completion of investigation, the Vigilance Department sought for sanction under Section 19 of the 1988 Act from the Government to prosecute the respondent. It is not in dispute that the Principal Secretary (Health), Government of Himachal Pradesh is the competent authority authorized under the Rules of Business for according sanction in the matter. 4. The Principal Secretary (Health), on the basis of the material placed before her and on examination of the case, found no justification in granting sanction to prosecute the respondent. In the order dated November 27, 2007 whereby sanction was refused, it was observed as under : Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) in the case of any other person, of the authority competent to remove him from his office. (2) 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 other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed. (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 proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervant. The question that arose for consideration before this Court was the correctness of the order passed by the Chief Minister. This Court set aside the order of the Chief Minister granting sanction to prosecute the public servant, inter alia, on the ground that the Chief Minister did not have any occasion to reconsider the matter and pass fresh order sanctioning the prosecution. 10. In Romesh Lal Jain v. Naginder Singh Rana Ors. (2006) 1 SCC 294, it was held by this Court that an order granting or refusing sanction must be preceded by application of mind on the part of the appropriate authority. If the complainant or accused can demonstrate such an order granting or refusing sanction to be suffering from non- application of mind, the same may be called in question before the competent court of law. 11. Recently, in the case of State of Punjab and Anr. v. Mohammed Iqbal Bhatti JT 2009 (13) SC 180 , this Court had an occasion to consider the question whether the State has any power of review in the matter of grant of sanction in terms of Section 197 of the Code. This Court observed as under: 7. Although the State in the matter of grant or refusal to grant sanction exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d been supplied, as has been contended before us, the same should have formed a ground for reconsideration of the order. It is stated before us that the Government sent nine letters for obtaining the clarifications which were not replied to. 23.The High Court in its judgment has clearly held, upon perusing the entire records, that no fresh material was produced. There is also nothing to show as to why reconsideration became necessary. On what premise such a procedure was adopted is not known. Application of mind is also absent to show the necessity for reconsideration or review of the earlier order on the basis of the materials placed before the sanctioning authority or otherwise. 12. It is true that the Government in the matter of grant or refusal to grant sanction exercises statutory power and that would not mean that power once exercised cannot be exercised again or at a subsequent stage in the absence of express power of review in no circumstance whatsoever. The power of review, however, is not unbridled or unrestricted. It seems to us sound principle to follow that once the statutory power under Section 19 of the 1988 Act or Section 197 of the Code has been exercised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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