Sanctioning Authority Should Grant Sanction Only After Having Full Knowledge Of Material Facts Of Case- Bombay High Court

A Bombay High Court Bench of Justice Urmila Joshi Phalke has held that the sanctioning authority must discharge its duty of giving sanctions only after having full knowledge of the material facts of the case.

In that context, it was said that, "sanction lifts the bar for prosecution and, therefore, it is not an acrimonious exercise but a solemn and sacrosanct act which affords protection to the government servant against frivolous prosecution. There is an obligation on the sanctioning authority to discharge its duty to give or withhold sanction only after having full knowledge of the material facts of the case."

In this case, an appeal was filed challenging a judgment rendered by a Single Judge through which the appellant was found guilty and convicted under several sections of the Prevention of Corruption Act, 1988, specifically under Section 7, Section 12, and Section 13(1)(d) read with Section 13(2).

The complainant, Dr. Prakash Shankar Ramteke, was employed as a medical officer at a hospital and received a monthly salary of Rs.22,600. Additionally, he was entitled to receive Rs.2,500 as a traveling fuel allowance. Dr. Ramteke regularly submitted bills for these allowances to the hospital for approval. Accused No.1 held the authority to approve these bills and served as the District Tuberculosis Officer. Accused No.2 was employed as a Senior T.B. Supervisor at the same hospital.

According to the complainant's allegations, Accused No.1 did not disburse the traveling allowance to him as required. Instead, he allegedly coerced Dr. Ramteke into signing the bills and then retained the funds. In a specific instance in November 2006, Dr. Ramteke submitted bills for traveling allowances for the months of May, June, and September 2006. However, Accused No.1 only approved the bill for November 2006, and Dr. Ramteke received Rs.2,500 for that bill.

The Court observed that, "It is well settled that granting of sanction is a solemn sacrosanct act which affords protection to the government servants against frivolous prosecutions, there is an obligation on the sanctioning authority to discharge its duty to give or withhold sanction only after having full knowledge of the material facts of the case. The sanctioning authority to exercise powers strictly keeping in mind all relevant facts and material and accord the sanctions."

In light of the same, it was noted that the evidence as to the demand was not satisfactory and the proof of demand was a sine qua non to prove the charge. Consequently, the appeals we allowed and the order of the Single Judge was set aside.

Cause Title: Prabhat vs State of Maharashtra

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