LAW FOR ALL

no necessity to take the sanction.= Where the public servant had abused the office which he held in the check period but had ceased to hold “that office” or was holding a different office, then a sanction would not be necessary. Where the alleged misconduct is in some different capacity than the one which is held at the time of taking cognizance, there will be no necessity to take the sanction.= these two appellants are that after conducting spot inspection by accused No.1 on 17.01.2003, first appellant (accused No.3) who was working as Tehsildar had recommended it on same day and thereafter second appellant (accused No.6) who was working as Assistant Commissioner had given an endorsement on the very next day to the effect that property is not the subject matter of acquisition. On this basis, it is alleged that these officials have abused their official position. We may record that learned counsel for the appellants have contended that they merely acted on the court decree. However, it may be two innocent explanation on the facts of this case as alleged in the case inasmuch as it is alleged that these two appellants did not bother to find out that there were two decrees in two different names in respect of same land and further that 10 acres of land in question had already been acquired and could not be the subject matter of decree. These were the aspects which were, prima facie, to be looked into by these appellants. On the basis the aforesaid purported defence, therefore, the proceedings cannot be quashed.