• Invalid Sanction Order in case of illegal gratification

Dear Sir(S)/Madam
 In the year 2015 i was trapped by CBI for charges of Illegal gratification.after that charge sheet framed in Special Judge ,CBI court,Bhubaneswar against me.Then the trial continues,we pleaded not guilty as I have not demanded any bribe money,the allegation made against me for not measurement of work done by one CPWD enlisted contractor.But I have completed that alleged work and submitted to my senior officials.the important thing is the sanction order given by the competent authority is invalid.Instead of Director General of works,CPWD ,CBI officials took sanction order from the Superintending Engineer,Who is not the competent authority to grant the same.The trail in CBI court is over.The judgement comes that the accused is discharged and prosecution is allowed to bring the fresh sanction order from the competent authority and supplementary charge sheet may framed. CBI again bring the fresh sanction order from the competent authority and supplementary charge sheet submitted against me.We again moved to high court ,Cuttack under section 482 for the quashing the order,High court stayed the judgement ,Prosecution submitted the previous judgment for continue the trail in lower court.I don't understand what to do? kindly suggest me.my email id: [deleted],mobile no:[deleted]
Asked 6 years ago in Criminal Law
Religion: Hindu

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9 Answers

Previous charge sheet can't be taken into consideration now as there was no sanction. Let Hc pass appropriate orders. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

since HC has stayed the judgment fresh train against you would not be conducted pending hearing and final disposal of quashing petition filed by you in HC 

 

2) you have to wait for final disposal of quashing petition which may take around 5 years or so depending upon backlog of cases in HC 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

K.Muthuselvam vs State By on 16 February, 2018

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In CBI v. Ashok Kumar Aggarwal, (2014) 14 SCC 295, the Supreme Court examined the issue again and observed that "prosecution has to satisfy the court that at the time of sending the matter for grant of sanction by the competent authority, adequate material for such grant was made available to the said authority", holding thus:-

"16. In view of the above, the legal propositions can be summarised as under:

16.1. The prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material. The record so sent should also contain the material/document, if any, which may tilt the balance in favour of the accused and on the basis of which, the competent authority may refuse sanction.

16.2. The authority itself has to do complete and conscious scrutiny of the whole record so produced by the prosecution independently applying its mind and taking into consideration all the relevant facts before grant of sanction while discharging its duty to give or withhold the sanction. 16.3. The power to grant sanction is to be exercised strictly keeping in mind the public interest and the protection available to the accused against whom the sanction is sought.

16.4. The order of sanction should make it evident that the authority had been aware of all relevant facts/materials and had applied its mind to all the relevant material. 16.5. In every individual case, the prosecution has to establish and satisfy the court by leading evidence that the entire relevant facts had been placed before the sanctioning authority and the authority had applied its mind on the same and that the sanction had been granted in accordance with law."

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Client,

it is obligatory on the part of the executive authority to protect the employee If the law requires sanction, and the court proceeds against a public servant without sanction, the public servant has a right to raise the issue of jurisdiction as the entire action may be rendered void ab-initio.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If the high court order has been submitted before the trial court staying the operation of the judgment of the trial court  then the trial court would stop the proceedings.

You have to take steps to stop the prosecution from proceeding in view of the high court order.

If the prosecution was a respondent in the quash petition before the high court, then you can even initiate contempt of court  action against the prosecution.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

For initiating contempt of court action, you dont need to have any citation, you may proceed after discussing with your advocate on this.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The case merits looks in your favour because of discharge in previous case filed by CBI.

You just need to contest the case in trail court and submit the evidence you have to support your defence.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that the CBI is doing the act which is against the principle of natural justice as well as arbitrary.
  2. When a person has already discharged in the earlier charge sheet and thereafter new charge sheet came into picture.
  3. And that too also stayed by the Hon’ble High Court then how could they intimate proceedings in the prior case.
  4. Here, you can either lie the contempt of court of the later order as it stays any proceedings against you for similar charges or can again file a petition under section 482 for direction to them to not to intimate the trial against you.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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