All India Services (Discipline and Appeal) Rules, 1969

Prevention of Corruption Act, 1988 (49 of 1988) - Writ does not lie - issue regarding failure of justice can be determined only when the trial commences and the evidence is led

Prevention of Corruption Act, 1988 (49 of 1988) Section 19(3) - Indian Administrative Service (Recruitment) Rules, 1954 - All India Services (Discipline and Appeal) Rules, 1969 - Once there is an order sanctioning prosecution of the petitioner, the issue can only be raised during the course of trial - Section 19(3) of the Act clearly provides that no finding, sentence or order passed by a Special Judge shall be reversed or altered by a court of Appeal on the ground of absence of, or any error, omission or irregularity in the sanction required, unless in the opinion of the court, a failure of justice has occasioned - The issue regarding failure of justice can be determined only when the trial commences and the evidence is led - There are enough provisions in the criminal law to take care of the grievance of the petitioner - A civil writ petition otherwise also would not be an appropriate remedy - Constitution of India, Article 226. (2014)174 PLR 271