The Lucknow Bench of the Allahabad High Court, in a ruling by Justice Subhash Vidyarthi reported on 12 October 2026 (2026:AHC-LKO:72445), explained how prosecution sanction works when the CBI seeks sanction, the Central Vigilance Commission (CVC) advises grant, and the employer is inclined to refuse. The case arose from a CBI trap involving officials of a central highways authority and a no-objection certificate for a fuel station.
What was decided
Relying on a Department of Personnel and Training (DoPT) Office Memorandum dated 1 March 2019, the Court held that a competent authority (other than the President) that proposes to refuse sanction must refer the case to the CVC and act after considering its advice. Where the CBI sought sanction, the CVC recommended it, and the authority still proposes refusal, the matter must go to the DoPT for a final decision. The disciplinary authority cannot finally decline sanction on its own in that situation.
CVC advice is advisory but a valuable input, and the authority must still apply its own mind. Internal notes opposing sanction were not orders refusing sanction, so the sanction later granted after considering the CVC’s advice was not an impermissible review. The sanction was based on wider material, including the complaint, verification report, trap memoranda and witness statements.
The Court found no failure of justice, held that a plea of non-application of mind is ordinarily a trial issue, upheld the summoning order and dismissed the Section 528 BNSS petition. Revocation of the officer’s suspension did not affect the prosecution.
Why it matters
Central government and PSU officers in UP and Delhi NCR often assume that favourable internal notes end the matter. This ruling shows that, in CBI cases, the decision is not final until the CVC and, where needed, the DoPT process has run its course.
It also confirms that challenges to sanction at the threshold succeed only where a clear defect or prejudice is shown.
Practical points
- Obtain the full sanction file trail, including CVC advice, where the law permits.
- Distinguish internal comments from a formal order refusing sanction.
- Make a focused representation to the sanctioning authority early, on the material actually before it.
- Preserve sanction objections for trial if they depend on facts.
Sources: Verdictum, 12 October 2026.
For a confidential discussion on CBI cases and prosecution sanction, see Prevention of Corruption Act, CBI and vigilance matters.
General legal information only; not legal advice or solicitation.
