Petitioner sought direction for grant of sanction under the Prevention of Corruption Act. Court directed authorities to consider petitioners representation within two months before disposing the writ petition.
Authority directed to consider petitioners representation within two months; petition disposed of.
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[2024:RJ-JP:25503]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 462/2024
Mukesh Kumar S/o Shri Shyamlal, Aged About 33 Years, R/o Kishanbagh, Kacchi Basti, Ward No. 6, Heri Tape, Shastri Nagar, Jaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Satyam Khandelwal For Respondent(s) : Mr. Mahendra Meena, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order
28/05/2024
Heard on application (I.A. No.1/2024) for waiving of defect Nos. 2 & 3 pointed out by Registry.
For the reasons mentioned in the application, the same is allowed. Defect Nos.2 & 3 are waived.
Instant petition has been filed on behalf of the petitioner for following relief:-
"It is, therefore, humbly prayed that your lordships may kindly be pleased to accept and allow this criminal writ petition and by an appropriate writ, order or direction, direct the respondent authorities to allow/decide the application for grant of sanction within a limited time frame as the Hon'ble Court deems fit as per directions of the Hon'ble Supreme Court of India. Any other relief, order or direction, which your lordships may be deem just and proper in the facts and circumstances of the case, be passed in
(2 of 2)
[2024:RJ-JP:25503]
[CRLW-462/2024]
favour of the humble petitioner and in the interest of justice."
Learned counsel for the petitioner submits that earlier, he filed S.B. Criminal Misc. Petition No.11084/2022 with the prayer to issue necessary directions for fair investigation in FIR No.338/2021 registered at Police Station Anti Corruption Bureau, Jaipur for offence punishable under Section 7 of Prevention of Corruption Act, 2018 on the basis of complaint made by petitioner-informant. Reply was submitted by State wherein it was mentioned that after investigation, offence under Section 7 of Prevention of Corruption Act (Amended), 2018 was found proved against the petitioner and the matter has been forwarded to sanctioning authority to issue sanction. It was also mentioned that several letters have been written in this respect but no decision has been taken on the issue of sanction. Learned counsel submits that in view of aforesaid, sanctioning authority may be directed to take decision on the issue of sanction.
Considering the limited prayer made by learned counsel for the petitioner, this writ petition is disposed of with the direction that the petitioner would be at liberty to file appropriate representation before the concerned sanctioning authority. If any such representation is filed by the petitioner before the authority concerned, same shall be decided in accordance with law within a period of two months from the date of receipt of certified copy of this order.
With the aforesaid directions, this petition is disposed of.
(ANIL KUMAR UPMAN), J
CHARU SONI /852
1 issue framed by the court
Whether a direction to the respondent authority to decide the petitioners application for grant of sanction under Section 7 of the Prevention of Corruption Act within a time limit is maintainable in t
1 provisions across 1 enactments
Mukesh Kumar S/o Shri Shyamlal
State Of Rajasthan
Director Cum Special Secretary, Local Bodies
Anil Kumar Upm
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
