VIGILANCE MANUAL VOLUME III

DECISION - 45
257
the cognizance. The material collected, whether in the course of the
first investigation or the second investigation is not evidence unless,
the same has been proved in a formal way in the course of the trial.
Reinvestigation has not the effect of effacing the first investigation
and superceding the cognizance that has already been taken on the
basis of the first investigation.
A sanction granted under section 6 of Prevention of
Corruption Act, 1947 on the basis of invalid investigation is not illegal.
Section 6 does not enjoin the sanctioning authority to look into any
particular papers. It does not lay down that the officer authorised to
grant the sanction must peruse the investigation papers. The
sanctioning authority can proceed on any material, which, according
to him, is sufficient or trustworthy. He is not concerned to find out the
truth or otherwise of the facts disclosed to him. All that is necessary
for the sanctioning authority to do is to apply his mind to the facts as
disclosed to him and to accord sanction to the offence that would be
disclosed on the facts placed before him. The grant of sanction is
not a judicial act. It is purely an executive act.
A sanction already accorded under section 6 does not lapse
by reason of the fact that a fresh investigation has taken place, although
the sanction was granted on the basis of material illegally collected.
The sanction that was already granted remains valid and there is no
need of any fresh sanction after reinvestigation. Even if fresh material
is assumed to have been collected in the course of fresh investigation,
it would not affect the sanction accorded earlier. The question of a
misappreciation of the material by the sanctioning authority by reason
of the fact that the medium is distorted does not arise.
(45)
Misconduct — in judicial functions
Charging a Judicial Officer with abuse of authority
consisting in bias in favour of a litigant does not amount
to executive interference with his judicial functions.
N.G. Nerli vs. State of Mysore,
1962 Mys.LJ.(Supp) 480