A. Prevention of Corruption Act, 1988 (49 of 1988), Section 19(4) – Failure of justice – Special Judge held that the sanction was invalid as it had been issued by an authority lacking jurisdiction – Held, Explanation to Section 19(4) would become relevant and come into play only when the question of validity or otherwise of the sanction is under scrutiny before the appellate or the revisional forum as provided in sub-Section (3) of Section 19.

(Para 37, 38)

B. Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 8, 13(1)(d), read with 13(2) -- Corruption case -- Exoneration in departmental proceedings – Effect of -- Contention advanced on behalf of the accused-appellant that he is entitled to be discharged on account of his exoneration in the departmental proceedings does not merit acceptance, rejected.

(Para 41)

C. Prevention of Corruption Act, 1988 (49 of 1988), Section 19 -- Corruption case -- Sanction by Competent authority -- In case the trial Court finds that the sanction has been issued by a competent authority, the trial shall proceed -- However, in case the conclusion is otherwise, the trial Court shall return the chargesheet to the investigating agency for procuring fresh sanction from the appropriate authority.

(Para 37, 43)