It was also decided to drop the criminal proceedings against the appellant.
The investigation report dated 21.4.1986 did number show any criminal liability on the part of the appellant.
The learned Single Judge set aside the sanction holding that it is an old case and further trial would be an harassment to the appellant.
Evidently, the incident had happened in the year 1982 83.
O R D E R CIVIL APPEAL NO.681 OF 2008 SPECIAL LEAVE PETITION CIVIL NO.14474 OF 2006 Leave granted.
The sanction was number accorded for prosecution.
Heard both sides.
The appellant challenged the same.
When matters stood thus, nearly 20 years later 17 years after FIR was registered on 12.12.2003 the sanction was granted.
The authorities had examined the case and held that the sanction was number to be granted and after a long period, the matter was companysidered and the sanction was granted.
The State went in appeal and the Division Bench held that the order of the learned Single Judge has to be set aside and ordered the authorities to proceed in accordance with law.
On the basis of a companyplaint, an F.I.R. was registered under various sections of the Indian Penal Code and also under Sections 5 2 read with 5 1 c and d of the Prevention of Corruption Act on 22.1.1985 in regard to acts done in 1982.
The appellant herein was an I.A.S. Officer from Bihar cadre.
The allegation against him was that he had sanctioned a loan of Rs.15 lacs in favour of a firm for financial gain and that he had awarded a companytract to an advertisement agency without inviting tenders and caused financial loss while he was the Managing Director of a Public Sector Undertaking.
