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TMI Blog2021 (11) TMI 1085X X X X Extracts X X X X X X X X Extracts X X X X ..... assed. In this case, the order granting sanction was without any such observations and materials. From both the documents produced by the learned Government Pleader, it is evident that it was decided 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 pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused 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 sheet, he retired from the service. The 2nd petitioner/15th accused, is another public servant who was implicated in the offence on the allegation that the offences were committed with his connivance. Even though yet another public servant was implicated as 16th accused, as no sanction under section 15A of Essential Commodities Act, to prosecute him was granted by the Secretary, Civil Supplies Department, his name was not included when the charge sheet was fled. 3. The contention of the petitioners is that Annexure-A1 final report is a clear abuse of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 concerned, no sanction was obtained by the Government as required under Section 15A on the ground that the 1st petitioner retired from the service by the time the charge sheet has been submitted. It is to be noted that going by the statutory stipulation as contained in Section 15A(b), even for a public servant who retired subsequently, sanction is a mandatory requirement, if the alleged acts were committed while the said accused was on duty at the time of commission of crime. In this case, admittedly, the 1st petitioner was in the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal 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 investigating officer and a subjective satisfaction ought to have been arrived at by the competent authority before according sanction for prosecution. The aforesaid subjective satisfaction and the grounds on which such satisfaction was arrived at also should be mentioned in the order of sanction. Unfortunately, in this case, no such reasons are stated in Annexure-A6. In such circumstances, the learned counsel for the petitioners contends that the sanction is improper. He placed reliance upon the judgment and observations made by the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 to the facts on record. It also aids the appellate or revisional authority or the supervisory jurisdiction of the High Court under Article 226 or the Appellate jurisdiction of this Court under Article 136 to see whether the authority concerned acted fairly and justly to meet out justice to the aggrieved person. By placing reliance upon the same, it is contended that as the order of sanction does not contain any specific reasons for granting sanction, the same is improper. 8. I find some force in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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