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TMI Blog2007 (9) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... ocieties. D.V. Thrilochana (PW-3) approached him for grant of a certificate. He allegedly demanded a sum of Rs. 300/- from him. He was put to trial for alleged commission of an offence under Sections 7, 13(1)(d) read with 13(2) of the Act. 3. An order of sanction was issued by the Commissioner of Stamps solely relying on or on the basis of a purported report issued by the Inspector General of Police, Karnataka Lokayuktha. The purported order of sanction being dated 20.07.1992 reads as under: "In exercise of the powers conferred under Section 19(1)(c) of the Prevention of Corruption Act, 1988, I hereby accord sanction to prosecute Sri Ameerjan, Second Division Assistant in the office of the Registrar of Firms and Societies, Bangalore, Urb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have now held that if the amount involved is relatively small if it is a single isolated instance and there is no evidence of habitual bribe taking or assets dis-proportionate to the known sources of income, that the sanctioning authority will have to carefully evaluate as to whether the interest of justice will not be adequately served by taking disciplinary action rather than by burdening the courts with full fledged prosecution in a case of relatively trivial facts. These are all areas of deep seated evaluation which can only be truly justified through a proper perusal of the records. I am unable to accept the submission put forward by the learned Public Prosecutor that the reference to the receipt of the records is sufficient to get ov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant documents, IG Police Karnataka Lokayuktha had placed on record the materials collected on investigation of the matter which would prima facie establish existence of evidence in regard to the commission of the offence by the public servant concerned is not evident. Ordinarily, before passing an order of sanction, the entire records containing the materials collected against the accused should be placed before the sanctioning authority. In the event, the order of sanction does not indicate application of mind as the materials placed before the said authority before the order of sanction was passed, the same may be produced before the court to show that such materials had in fact been produced. 9. The Privy Council as far back in 1948 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first place there is no question of the presumption being available to the Sanctioning Authority because at that stage the occasion for drawing a presumption never arises since there is no case in the Court. Secondly, the presumption does not arise automatically but only on proof of certain circumstances, that is to say, where it is proved by evidence in the Court that the money said to have been paid to the accused was actually recovered from his possession. It is only then that the Court may presume the amount received would be deemed to be an illegal gratification. So far as the question of sanction is concerned this arises before the proceedings come to the Court and the question of drawing the presumption, therefore, does not arise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s entitled to remove the public servant against whom sanction is sought from the office." 12. In Mansukhlal Vithaldas Chauhan v. State of Gujarat [(1997) 7 SCC 622], this Court held: "14. From a perusal of Section 6, it would appear that the Central or the State Government or any other authority (depending upon the category of the public servant) has the right to consider the facts of each case and to decide whether that "public servant" is to be prosecuted or not. Since the section clearly prohibits the courts from taking cognizance of the offences specified therein, it envisages that the Central or the State Government or the "other authority" has not only the right to consider the question of grant of sanction, it has also the discre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irregularity in sanction is ( sic not) considered fatal unless it has resulted in failure of justice or has been occasioned thereby. Section 19(1) is a matter of procedure and does not go to the root of jurisdiction as observed in para 95 of Narasimha Rao case 2 . Sub-section (3)( c ) of Section 19 reduces the rigour of prohibition. In Section 6(2) of the old Act [Section 19(2) of the Act] question relates to doubt about authority to grant sanction and not whether sanction is necessary." Prakash Singh Badal (supra), therefore, is not an authority for the proposition that even when an order of sanction is held to be wholly invalid inter alia on the premise that the order is a nullity having been suffering from the vice of total non-applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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