High Court upholds Refusal of Prosecution sanction against Ex-Industry director Tilak Raj Sharma
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Shimla, Aug 2,
The Himachal Pradesh High Court has dismissed a writ petition challenging the refusal to grant prosecution sanction against Tilak Raj Sharma, former Joint Director of Industries at Baddi, in a corruption case.
The case pertained to alleged irregularities during Sharma’s tenure, for which the complainant had sought prosecution under the Prevention of Corruption Act, 1988. However, the competent authority declined to accord sanction under Section 19 of the Act—a prerequisite for prosecuting public servants. Subsequently, based on the lack of sanction, the CBI Special Court in Chandigarh discharged Sharma from the case.
Challenging this, the complainant approached the High Court, arguing that the denial of sanction was arbitrary and sought judicial intervention to overturn the decision. However, a single bench of Justice Ajay Mohan Goel dismissed the plea, effectively upholding the competent authority’s discretion in sanction matters.
Legal representation in the matter included Advocates Sakshi Sharma Sirkek and Sartej Singh Narula.
The judgment reinforces settled legal principles that a court cannot compel the grant of sanction unless the decision of the competent authority is shown to be grossly unjust or malicious. The dismissal of the petition brings an end to the legal challenge concerning sanction in this specific case, though it does not preclude future proceedings should new material emerge.
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