BANGALORE: The Revenue Department has taken steps to send a proper sanction for prosecuting a senior official of the Department of Stamps and Registration, who was caught while allegedly accepting bribe of Rs. 1 lakh over two years ago.

It was reported in these columns that the Lokayukta police were in a bind on prosecuting Shivaraya Yamunappa Javadagi, former Deputy Inspector-General (Administration and Law), as the Government had given a "defective sanction" for prosecuting him for offences punishable under the provisions of the Prevention of Corruption Act.

Javadagi was caught while allegedly accepting the bribe from Rajanna for reducing the stamp duty on the sale of a property at Basavanahalli in Bangalore Rural district.

Section 19 of the Prevention of Corruption Act states that the court can take cognisance of the cases registered under the Act only when there is prior sanction from the competent authority under whom the accused government official is working. The competent authority should go through the material submitted by the investigating officer and be convinced of the offence, before giving the prosecution sanction.

A sanction given mechanically by affixing signature without application of mind to the case is interpreted as a "defective sanction," which is not a valid sanction. The Supreme Court has said in various cases that prosecution launched and the order convicting a government official on such defective sanctions are liable to be quashed. In the case of Javadagi, the Secretary (Revenue) had granted sanction without making any reference to the fact that he had gone through the material supporting the case and that he was convinced about the charges levelled.

This was the second time that the department had sent such a sanction. The Lokayukta police had written a letter requesting for a proper action. According to a senior Lokayukta police official, the office of the Secretary (Revenue), soon after the publication of the report, made enquires about the necessity of sending a proper sanction.

"The Revenue Department has assured him of sending a proper sanction," the official said.

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