1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL REVISION APPLICATION NO.72 OF 2009 Ramu Kallapa Chothe ...Applicant Vs. The State of Maharashtra ...Respondent Mr.S.V.Kotwal i/b. Mr. M.S. Mohite Advocate for the Applicant Mrs. A.A. Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 7TH NOVEMBER, 2009 P.C. 1.This application has challenged the sanction of the Sub-Divisional Officer, Gadhinglaj Division, Dist: Kolhapur (S.D.O) granted to prosecute the applicant. The sanction is granted on 11 th August 2006 setting out the reasons for sanctioning the prosecution. The applicant was appointed by the order of the District Collector of Gadhinglaj Division, Dist: Kolhapur on 3 rd May 1983. 2.The appointing authority is the authority who can dismiss or remove the applicant from the services. He is, therefore, the authority required to grant the sanction to prosecute the applicant. This has been held since the case of Sakharam Tryambak Patil Vs. 2 State of Maharashtra 1993, Mh.L.J. 276 in which it is held that the sanction by the S.D.O of an officer appointed by the Collector is invalid. That has been further followed by this Court in Criminal Appeal No. 713/2004 in the order dated 13 th June 2008 shown to me. Hence the sanction granted in respect of the applicant is invalid. The prosecution cannot proceed on the basis of such sanction. 3.I have been shown a correspondence entered into by the Investigating Officer with the Collector requesting him to grant sanction. This is under letter dated 22 nd December 2005. Despite the submission before the Collector of Gadhinglaj Division, Dist: Kolhapur, the Collector has not granted sanction. Hence, the present Collector must be directed to consider the case and the application for sanction and either grant or refuse the sanction with reasons thereof. 4.Hence, the sanction already granted is quashed. 5.The Deputy Superintendent of Police, Anti-corruption Bureau (A.C.B) shall submit the papers for the grant of sanction before the present Collector of Gadhinglaj Division, Dist: Kolhapur within 4 weeks from today. 3 6.The Collector, Gadhinglaj Division, Dist: Kolhapur shall consider the papers and grant or refuse sanction with reasons. 7.Prosecution to proceed accordingly. 8.Criminal Revision Application is disposed off accordingly. (SMT. ROSHAN DALVI, J.)