The question raised by you involves complicated questions of law which have not been the subject matter of a decided case, as far as I remember. Being the author of a 2250 page book on Prevention of Corruption Act [Prevention of Corruption Act, Second Edition (2009), appx. 2250 pages, published by LexisNexis Butterworths Wadhwa, New Delhi (ISBN: 978-81-8038-592-6)], I have not seen any such judgment on this issue.
There are two rival contentions in your case:
- Provision of Section 19(3)(a) as per which, “…no finding, sentence or order passed by a Special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby”.
- The fact that you have been continued to be in service, after your dismissal order was set aside.
By considering the overall circumstances, I feel that prosecution in such a case was not valid in the absence of the sanction order, though it is ultimately for the court to take the call. You may have to carefully draft your arguments to show that the prosecution without sanction in such case was not valid.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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