Baldev Krishan Batta v. State Of Punjab And ANR

2023:PHHC:041917 In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 13238 of 2021 Date of Decision: 22.03.2023 Baldev Krishan Batta ... Petitioner(s)

Versus

State of Punjab and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Deepak Thapar, Advocate for the petitioner(s).

Mr. R.K.Kapoor, Additional Advocate General, Punjab, for the respondents.

Anil Kshetarpal, J.

1.

The petitioner while praying for issuance of the writ in the nature of certiorari to set aside the order dated 03.06.2020, in substance, is aggrieved of the order granting sanction for prosecuting the petitioner under the Prevention of Corruption Act, 1988.

2.

While referring to the instructions dated 16.01.2002 and 28.10.2015, the learned counsel representing the petitioner contends that while granting or rejecting sanction for prosecution, the competent authority is required to examine the record and pass a speaking order. 3.

From perusal of the order dated 03.06.2020, it is evident that the Deputy Commissioner, while noticing that the file has not been put up for consideration after 10.01.2019, has granted the sanction for prosecution of the petitioner by writing four words "Prosecution Sanction is granted". 4.

At this stage, it would not be appropriate to go into the merits DEEPAK KUMAR BHARDWAJ 2023.03.24 10:31 I attest to the accuracy and integrity of this document

2023:PHHC:041917 Civil Writ Petition No. 13238 of 2021 of the case so as to avoid giving any observation which may affect the decision of the competent authority.

5.

Keeping in view the peculiar facts of the case, the present writ petition is allowed and the order dated 03.06.2020 is formally set aside while directing the Deputy Commissioner to pass a fresh speaking order within a period of one month from today, in accordance with law. (Anil Kshetarpal) Judge March 22, 2023 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2023.03.24 10:31 I attest to the accuracy and integrity of this document