IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (207) COCP-3201-2023 (O&M) Decided on : 01.09.2025 Gurwinder Singh ……Petitioner Versus Varinder Singh, SSP, Vigilance Bureau, Amritsar ……Respondent CORAM : HON'BLE MRS.JUSTICE SUDEEPTI SHARMA Present: Mr.Prateek Sodhi, Advocate, for Mr.Aharjot Grewal, Advocate, for the petitioner. Mr.Ravneet S.Joshi, DAG, Punjab. SUDEEPTI SHARMA , J. (Oral) 1. The present contempt petition has been filed for intentional disobedience of the order dated 16.03.2023 (Annexure P-1) passed in CWP- 57375 -2018 titled Gurwinder Singh Vs. State of Punjab & others. 2. The relevant portion of the order dated 16.03.2023 is reproduced as under: “7. State has filed its reply, wherein the stand as regards the representation (Annexure P-8) is to the following effect: "11. That para No.11 of the petition relates to the submission of the application by the petitioner for taking sanction to prosecute the respondent No.4, is a matter of record". 8. This Court finds that the aforesaid stand is rather vague. Since Section 19 of the Prevention of Corruption Act specifically prescribes that no cognizance can be taken in the absence of prior sanction by the State Government, it goes without saying that the same is pre requisite and it is mainly on this count that the order dated 20.05.2017 has been set aside by this Court. The order dated 20.05.2017 was never set aside on the ground of lack of merits, but on a technical ground only. In these circumstances, this Court is of the opinion that the matter pertaining to according sanction certainly needs to be considered by the authorities concerned. The petition, as such, is accepted and the Senior Superintendent of Police, Vigilance Bureau, Amritsar Range, SAILESH RANJAN 2025.09.03 14:56 I attest to the accuracy and integrity of this document (207) COCP-3201-2023 (O&M) -2- Amritsar is directed to do the needful so as to consider the matter pertaining to according of sanction for prosecuting respondent No.4 - Dr. Partap Singh Verka expeditiously preferably within a period of three months from today.” 2. In compliance of the same, affidavit dated 25.02.2025 of Shri Surinder Singh, PPS, Deputy Superintendent of Police, Vigilance Bureau, Unit Amritsar is filed. The relevant portion of the same is reproduced as under: “7. That thereafter, the respondent sought sanction for prosecution of Dr.Partap Singh Verka, for the commission of offences under section 7 of the Prevention of Corruption Act, 1988 under section 19 of the Act (ibid) from the competent authority i.e., Principal Secretary, Medical Education and Research Department, Govt. of Punjab, Chandigarh through the Secretary, Vigilance Department, Govt. Of Punjab, Chandigarh vide Memo No.14/19/16-IC1VD-V1014/19/2019-1V1/151 dated 16.10.2023 in accordance with the directions of this Hon’ble Court. 8. That the aforesaid proposal/request of the Vigilance Bureau, Punjab was declined by the Competent authority i.e., Principal Secretary, Medical Education and Research Department, Govt. of Punjab, Chandigarh, vide order dated 24.01.2025. The true translation/copy of the aforesaid order is attached herewith for kind perusal of this Hon’ble Court as Annexure R-1.” 3. In view of the above, learned counsel for the petitioner contends that order dated 16.03.2023 has been duly complied with. 4. In view of the above, contempt is purged and rule stands discharged. 5. Pending application(s), if any, shall also stand disposed of. (SUDEEPTI SHARMA) September 1, 2025 JUDGE sailesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SAILESH RANJAN 2025.09.03 14:56 I attest to the accuracy and integrity of this document