Jammu, July 29: In a case of alleged back-door appointment in Sher-e-Kashmir University of Agriculture Science and Technology (SKAUST), Special Judge Anticorruption Jammu Pawan Dev Kotwal has dismissed the plea of accused, Dr Nagendra Sharma the then Vice Chancellor of the University, seeking to array some more officials as accused in the case.
 The applicant had sought indulgence of the court to array Dr AK Srivastava then Director SKUAST presently Vice-Chancellor Meerut University and Dr AK Bakshi presently Director NDRI Karnal as accused in the case.
 He pleaded that the members of the screening committees and selection boards for appointment of beneficiaries alleged to have been appointed by accused person by misusing official position have not been arrayed accused despite the fact that draft sanction prepared by the government reveals their names.
 It was further claimed that the investigating agency did not deliberately approach the competent authority for grant of sanction for prosecution of Dr AK Srivastava from the Governor of UP and Dr A K Bakshi from the Indian Council of Research.
 The court however, rejected the plea, observing that the grant of sanction is absolutely and exclusively in the discretion of sanctioning authority.
 “Law is well settled that where sanction is granted its validity is open for Court's scrutiny, but declining of sanction cannot be questioned in the Court”, the court held.
 However, the contention of the applicant that wrong forum was approached by Investigating Officer for grant of sanction against Dr. AK Srivastva and Dr. AK Bakshi requires consideration, the court observed.
 “Court is of the view that if applicant succeeds in showing that VC SKUAST was not competent to grant sanction, the prayer can be granted at least to direct the Investigating Agency to approach competent authority”.

Lastupdate on : Fri, 29 Jul 2011 21:30:00 Makkah time
Lastupdate on : Fri, 29 Jul 2011 18:30:00 GMT
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