Legal Question in Criminal Law in India
In a case in which two public sector employees are prima facie involved and the prosecuting agency seeks sanction for prosecution under section 19 of the prevention of corruption act 1988(India) after the prosecuting agency is satisfied about the involvement of both in terms of documentary evidence, the employer grants sanction only to only employee while refusing sanction for the other on the grounds that the said employee has unblemished service record which the other employee also has.
The prosecuting authority proceeds against the person for whom sanction was granted leaving out the other person completely even though the sections under which the case is charged involves other sections other than the PC Act of 1988
Under these circumstances is the case tenable in the court of law
Please enlighten
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