Hon'ble Ritu Raj Awasthi,J.
Admit.
Notice on behalf of the respondent has been accepted by the learned Chief Standing Counse, who prays for and is granted three weeks' time to file counter affidavit.
Heard the counsel for the petitioner and counsel for the State and perused the record.
On perusal of the record, we are prima facie, satisfied that there was no material before the State Government to grant sanction for prosecution for the alleged offences, particularly, in view of the fact that there were reports by the concerned Secretary and other government officers that it may be a case of negligence on the part of the petitioner and it could not make out any criminal offence, so as to sanction for prosecution and also the fact that on 2.1.09 the Under Secretary wrote for passing formal order of refusing sanction for prosecution against the petitioner, which was duly approved by the Principal Secretary on 15.1.09 and the Chief Secretary also approved the same on 21.1.09 and merely because a directive was issued from the office of the Chief Minister to reinvestigate the matter on two points on 17.3.09, sanction has been granted, which, prima facie, shows that sanction has not been granted on the own application of mind by the competent authority.
We, therefore, stay the operation of the order dated 27.10.09, till further orders of the Court.
The respondents may also file application for vacation of stay order, while filing the counter affidavit.
Order Date :- 12.1.2010 MFA