New Delhi: The Delhi High Court has rejected a plea of a former sub-divisional magistrate to re-examine an official of the Ministry of Home Affairs, who had sanctioned prosecution in a case lodged against the former for abusing official position.

"The recording of evidence in the present case is at the far end. A plea to re-call the sanctioning authority at this stage is unwarranted, as the petitioner has already availed of his right to cross-examine the witness.

"Also further cross-examination of the sanctioning authority is by no means seen to be essential for the just decision of this case," a bench of Justice M L Mehta said.

The court gave the judgement on the petition of Prakash Chandra, a former SDM, challenging the order of the Special CBI Judge dismissing his application to recall P K Jalali, then Joint Secretary in the MHA who had sanctioned the prosecution in the case.

Jalali was earlier examined as first prosecution witness by the lawyer of Chandra way back on February 15 and March 19, 2005.

Chandra recently moved the court, saying the sanction was granted without application of mind and mechanically as facts of the case were misrepresented before the authority.

He said the sanction was granted solely on the basis of the prosecution's sanction to prosecute report without going through the entire evidence against him.

The court rejected the contention, saying sanction order is merely an administrative order and there is no need to "sift and weigh evidence meticulously while granting it".

Chandra was accused of misusing his official position as SDM, by dishonestly signing incomplete affidavits which were used by a couple of firms to take clearance from the office of Protector of Emgirants (POE) by showing unskilled labour as skilled.