TMI Blog2011 (11) TMI 842X X X X Extracts X X X X X X X X Extracts X X X X ..... hreshold by an aggrieved person. In our view, invalidity of sanction where sanction order exists, can be raised on diverse grounds like non-availability of material before the sanctioning authority or bias of the sanctioning authority or the order of sanction having been passed by an authority not authorised or competent to grant such sanction. The above grounds are only illustrative and not exhaustive. All such grounds of invalidity or illegality of sanction would fall in the same category like the ground of invalidity of sanction on account of non-application of mind - a category carved out by this Court in Parkash Singh Badal, the challenge to which can always be raised in the course of trial. Since cognizance has already been take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant on November 30, 2009 in the Court of Special Judge, Ernakulam. Following that, summons came to be issued to the Appellant on December 18, 2009. During the pendency of the matter before the High Court, wherein the sanction order has been challenged by the Appellant, the Court of Special Judge has taken cognizance against the Appellant. 4. The Single Judge of the High Court was not persuaded with the contentions raised by the Appellant and dismissed the Appellant's Writ Petition on July 19, 2010. 5. Against the order of the Single Judge, the Appellant preferred an intra-court appeal. The Division Bench of the High Court dismissed the intra-court appeal on September 29, 2010 observing that it was open to the Appellant to ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -application of mind, such challenge can only be made in the course of trial. In this regard, he heavily relied upon a decision of this Court in Parkash Singh Badal and Anr. v. State of Punjab and Ors. (2007) 1 SCC 1. He also relied upon a recent decision of this Court in Ashok Tshering Bhutia v. State of Sikkim (2011) 4 SCC 402. 9. This Court has in Mansukhlal Vithaldas Chauhan (1997) 7 SCC 622 considered the significance and importance of sanction under the P.C. Act. It has been observed therein that the sanction is not intended to be, nor is an empty formality but a solemn and sacrosanct act which affords protection to government servants against frivolous prosecutions and it is a weapon to ensure discouragement of frivolous and vexat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expressed in no uncertain terms that the absence of sanction could be raised at the inception and threshold by an aggrieved person. However, where sanction order exists, but its legality and validity is put in question, such issue has to be raised in the course of trial. of course, in Parkash Singh Badal (2007) 1 SCC 1, this Court referred to invalidity of sanction on account of non- application of mind. In our view, invalidity of sanction where sanction order exists, can be raised on diverse grounds like non-availability of material before the sanctioning authority or bias of the sanctioning authority or the order of sanction having been passed by an authority not authorised or competent to grant such sanction. The above grounds are only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alia on the premise that the order is a nullity having been suffering from the vice of total non-application of mind. We, therefore, are of the opinion that the said decision cannot be said to have any application in the instant case. 13. In our view, having regard to the facts of the present case, now since cognizance has already been taken against the Appellant by the Trial Judge, the High Court cannot be said to have erred in leaving the question of validity of sanction open for consideration by the Trial Court and giving liberty to the Appellant to raise the issue concerning validity of sanction order in the course of trial. Such course is in accord with the decision of this Court in Parkash Singh Badal (2007) 1 SCC 1 and not unjust ..... X X X X Extracts X X X X X X X X Extracts X X X X
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