THE ADMINISTRATIVE AUTHORITY ALONE IS RESPONSIBLE TO ASSESS AND WEIGH THE ACCUSATION ON THE BASIS OF THE BACK GROUND OF THEIR OWN INTIMATE KNOWLEDGE OF THE WORK AND CONDUCT OF THE GOVERNMENT SERVANT, AND IS THE SOLE JUDGE OF THE MATERIAL THAT IS PLACED BEFORE IT.

The requirement of previous sanction is intended to afford a reasonable protection to a public servant who in the course of strict and impartial discharge of his duties may offend persons and create enemies, from frivolous, malicious or vexatious prosecution and to save him from unnecessary harassment or undue hardship which may results from inadequate appreciation by police authorities of the technicalities of the working of the department. The prosecution of a Government servant for an offence challenging his honesty and integrity has also a bearing on the morale of the public services. The administrative authorities alone is in a position to assess and weigh the accusation on the basis of the background of their own intimate knowledge of the work and conduct of the public servant and the overall administrative interest of the State. The sanctioning authority has an absolute discretion to grant or to withhold sanction after satisfying itself whether the material placed before it discloses a prima facie case against the person sought to be prosecuted. The sanctioning authority is the sole judge of the material that is placed before it. If the facts placed before it are not sufficient to enable it to exercise its discretion properly, it may ask for more particulars. However a public servant who is alleged to have committed an offence should be allowed to be proceeded against in a court of law, unless on the basis of facts placed before it the sanctioning authority considers that there is no case for launching a prosecution. No sanction is required in respect of the former Government servant who is no longer in the service.