High CourtsDIVISION BENCH(2017) 01 RAJ CK 0045

Shravan Ram Bidiyasar vs Secretary (Administration)

Rajasthan High Court · Decided on 23 January 2017

HON’BLE JUDGES
Govind Mathur, G.R. Moolchandani
RESULT
Dismissed
CASE NUMBER
62 of 2017

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Judgment

23 paragraphs · 224 words
1.

This appeal is preferred to question correctness of the order

dated 21st December, 2016 passed by learned Single Bench in S.B.

Civil Writ Petition No.3914/2016. Learned Single Bench, by the

order impugned, refused to interfere with the order granting

sanction for prosecution of the petitioner as per provisions of

Sections 7, 13 (1)(d), 13(2) of the Prevention of Corruption Act,

1988 and Section 120B of the Indian Penal Code.

2.

The argument advanced by learned counsel for the appellant

is that learned Single Bench failed to appreciate that the authority

competent, while granting sanction as per Section 19 of the Act of

1988, does not apply its mind and acted ipse dixit by relying upon

the statement said to be given by a co-accused Laxman Lilani.

3.

From perusal of the order granting sanction, it is apparent

that the Anti Corruption Bureau, while investigating the matter,

relied upon certain electronic datas i.e. conversation of the

present petitioner with co-accused Laxman Lilani, as such, it is

wrong to say that the only evidence available was the statement

made by the co-accused.

4.

From the perusal of the order granting sanction, we do not

find any error with the same, and therefore, we do not find any

just reason to interfere with the order passed by learned Single

Bench.

5.

The appeal is dismissed accordingly.