9911796707
TMI Blog2021 (11) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the prosecution is as follows: On 29.12.2012, during a search carried out by the Erumapetty Police in the shop of one Joseph Gregory, who is the 1st accused in the case, certain quantity of sugar packed in sacks, which were supplied to certain ration dealers, were found in his premises. As the aforesaid sugar was procured by the 1st accused in violation of the Kerala Rationing Order, Crime No. 774 of 2012 was registered and investigation was conducted. After completing the investigation, Annexure-A1 final report was submitted implicating fifteen accused persons including the petitioners herein. The 1st petitioner/14th accused was working as Taluk Supply Officer at the time of commission of the offence and before filing the charge she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the previous sanction- (a) of the Central Government, in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union; (b) of the State Government, in the case of a person who is employed or, as the case may be was at the time of commission of the alleged offence employed, in connection with the affairs of the State." 6. It is contended that as per Section 15A(b), it is specifically stipulated that, sanction is required for taking cognizance against a public servant who was employed at the time of commission of alleged offence. It is contended that, in this case, as regards to the prosecution of 1st petitioner/14th accused is con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the 2nd petitioner/15th accused. Annexure-A6 is the order of sanction issued by the Government. The aforesaid order would reveal that absolutely no reasons are stated for according sanction for prosecution. The order is completely silent as to whether appropriate authority has considered the relevant materials before granting sanction for prosecuting him. It is contended that, grant of sanction is not a mere formality, as the same is provided in the statute for ensuring a protection to the public servant from unwanted criminal prosecution in respect of the acts which he carried out during the course of his duties. In such circumstances, the concerned authority was having a bounden duty to examine the materials unearthed by the investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Education v. K.S. Gandhi and Others [1991 (2) SCC 716], wherein it was observed as follows: "21. Thus it is settled law that the reasons are harbinger between the mind of the maker of the order to the controversy in question and the decision or conclusion arrived at. It also exclude the chances to reach arbitrary, whimsical or capricious decision or conclusion. The reasons assure an inbuilt support to the conclusion/decision reached. The order when it effects the right of a citizen or a person, irrespective of the fact, whether it is quasi-judicial or administrative fair play requires recording of germane and relevant precise reasons. The recording of reasons is also an assurance that the authority concerned consciously applied its mind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded not to proceed against the petitioners herein. As the prosecution against the petitioners herein are permissible only on the basis of sanction, the decision now taken by the respondents; not to proceed against them is having some relevance. In the light of the communications produced by the learned Government Pleader, it is evident that the Government is not intending to proceed against the petitioners herein. In such circumstances, further proceedings against the petitioners herein is an abuse of process of law. The chances of successful prosecution as against the petitioners herein are very bleak in the light of the above aspects. In such circumstances, it is only just and proper that the proceedings against the petitioners herein are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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