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anshulamajhi1
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The new proviso to Section 19 mandating that the competent authority shall endeavour to convey the decision on the proposal for 1 sanction within a period of three months can only be read and understood as a compelling statutory obligation. In the first place, the consistent effort made by all branches of the State, the Judiciary, the Legislative, and the Executive, to ensure early decision-making by the competent authority cannot be watered down by lexical interpretation of the expression endeavour in the proviso. Public confidence in the maintenance of the Rule of Law, which if fundamental in the administration of justice, is at stake here. By causing delay in considering the request for sanction, the sanctioning authority stultifies judicial scrutiny, thereby vitiating the process of determination of the allegations against the corrupt official. Delays in prosecuting the corrupt breeds a culture of impunity and leads to systemic resignation to the existence of corruption in public life. Such inaction in fraught with the risk of making future generations getting accustomed to corruption as a way of life. Viewed in this context, the duty to take an early decision inheres in the power vested on the appointing authority to grant or not to grant sanction. The intention of the Parliament is evident from a combined reading of the first proviso to Section 19, which uses the expression endeavour with the subsequent provisions. The third proviso mandates that the extended period can be granted only for one month after reasons are recorded in writing. There is no further extension. The fourth proviso, which empowers the Central Government to prescribe necessary guidelines for ensuring the mandate, may also be noted in this regard. It can thus be concluded that the Parliament intended that the process of grant of sanction must be completed within four months, which includes the extended period of one month also. If it is mandatory for the sanctioning authority to decide in a time-bound manner, the consequence of non-compliance with the mandatory period must be examined. The Criminal proceedings must be quashed if the decision is not taken within the prescribed period.