- (1.) n this application, petitioner has challenged the order dated 15.09.2001 passed by Special Judge, (Vigilance) Ranchi, in Special Case No. 15 of 2001, whereby he took cognizance of offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as Act) against petitioner.Sri Kaushik Sarkhel, learned counsel appearing for the petitioner submits that aforesaid order is without jurisdiction, as there is no sanction for prosecution by the competent authority under Section 19 of the Act. He submits that section 19(1) of the Act puts an embargo on the power of the courts from taking cognizance of offences punishable under Section 7 and 13 of the Act, without previous sanction of authority having power to remove public servant. It is submitted that admittedly petitioner is a public servant and was posted as Circle Officer at Block Office Manika, Latehar. It is submitted that petitioner was appointed by State Government on the recommendation of Public Service Commission. Thus, he could be prosecuted only on the basis of sanction order issued by the State Government. Accordingly, it is submitted that impugned order cannot be sustained.
(2.) On the other hand Sri Rajesh Kumar, G.P.-V appearing for the State Government submits that according to Section 19(3) of the Act, any finding or order arrived by Special Judge cannot be reversed or altered by a court of appeal on the ground of absence of sanction order, unless it is shown that a failure of justice had occasioned. Accordingly, learned counsel submits that there is no illegality in the impugned order.
(3.) Having heard the submissions, I have gone through the record of case. It is stated that there is no sanction order on the date of passing of impugned order. It further appears from Annexure-3 (certified copy of orders dated 24.09.2001 and 8.10.2001) that even after passing of impugned order, sanction order had not been received in the court below. This fact has not been denied in the counter-affidavit.;