No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the present case the public servants namely. The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code. In the present case the public servants namely Sikandar Singh and Labh Singh challenged the order dated 07.06.2005 of the Special Judge which framed charges under sections 218/409/465/467/120B IPC and under section 13 read with section 13 of the Prevention of Corruption Act, 1988. The appeal was partly allowed as the point on law is clear that sanction to prosecute the public servant for the offences under the POC Act is not required if the public servant had already retired on the date of cognizance by the court.

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History of this topic

Delhi High Court clears public servant in negligence case, cites belated sanction
1 month, 3 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court
3 months ago

Governor Has Discretion To Not Consult With Public Service Commission Under Sikkim Government Servants' (Discipline & Appeal) Rules, 1985: Sikkim High Court

Live Law  

Sikkim High Court: A single judge bench of Justice Bhaskar Raj Pradhan quashed a government order withdrawing retirement benefits of a dismissed government officer. Rule 10 grants the Governor powers to revise the penalties imposed on a government servant, subject to consultation with the Sikkim Public Service Commission when necessary. The government's counsel, led by Mr. Zangpo Sherpa, Additional Advocate …

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
3 months, 1 week ago

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

Live Law  

In a recent decision, the Supreme Court summarised the principles relating to Section 197 of the Code of Criminal Procedure, which hold that public servants cannot be prosecuted in respect of acts done in the discharge of their official duties without sanction from the government.The judgment delivered by a bench comprising Justice JB Pardiwala and Justice Manoj Misra explained when …

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court
3 months, 2 weeks ago

S. 197 CrPC | Once Denied, Sanction to Prosecute Public Servant Cannot Be Granted Again On Same Material : Supreme Court

Live Law  

The Supreme Court recently held that once a sanction to prosecute a public servant has been denied, it cannot be granted again unless new material is presented to the competent authority justifying the subsequent sanction.“The subsequent sanction was given based on the same material, therefore, in the absence of any other contra material which weighed in the mind of the …

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance
3 months, 3 weeks ago

Delhi HC issues notice over Sisodia’s plea challenging charge sheet cognisance

Hindustan Times  

The Delhi high court on Monday issued a notice to the Enforcement Directorate over former deputy chief minister Manish Sisodia’s plea challenging a city court’s order taking cognisance of the charge sheet filed in the Delhi excise policy case. The court will also hear the Aam Aadmi Party chief Arvind Kejriwal’s plea seeking similar relief in the same case on …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 2 weeks ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 3 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife
9 months, 2 weeks ago

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife

Live Law  

The Madras High Court has refused to set aside the conviction of the wife of a Sub-Inspector of Police accused of accumulating wealth disproportionate to his income. Justice KK Ramakrishnan noted that though the Public Servant was no more, his wife should face consequences under Section 109 read with Sections 13 and 13 of the Prevention of Corruption Act. The …

Changes In BNSS To S.156(3) CrPC Power, Cognizance Of Complaints Against Public Servants, Sanction To Prosecute
1 year, 2 months ago

Changes In BNSS To S.156(3) CrPC Power, Cognizance Of Complaints Against Public Servants, Sanction To Prosecute

Live Law  

A Opportunity of Hearing to Public Servant before taking cognizance on a complaint According to Section 223 of the BNSS, no cognizance can be taken by a magistrate on a complaint against a public servant for any offence alleged to have been committed in the discharge of official duties unless ttwin conditions are fulfilled. The bare text of Section 223 …

Insolvency Resolution Professional Not 'Public Servant' Under Prevention Of Corruption Act: Delhi High Court
1 year, 3 months ago

Insolvency Resolution Professional Not 'Public Servant' Under Prevention Of Corruption Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that an Insolvency Resolution Professional does not fall within the meaning of “public servant” under Section 2 of the Prevention of Corruption Act, 1988.Justice Tushar Rao Gedela said that it is not necessary that all duties which are broadly defined as “public duty” would encompass within itself “public character”.“Merely because the IP. The Delhi …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 4 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court
1 year, 5 months ago

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

Live Law  

The Jammu & Kashmir High Court on Tuesday held that a broad interpretation of the term "public servant" under Section 2 of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty. On the other hand, Sr AAG Mohsin Qadri argued that the firm's proprietor and employee were, in fact, …

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court
1 year, 10 months ago

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court

Live Law  

The Rajasthan High Court has dismissed an employee's petition seeking consideration for promotion to the post of Additional Office Superintendent in the Home Department. After promotion to the post of UDC, he was promoted to the post of Assistant Administrative Officer against the vacancies of the year 2020-21 vide order dated 20.07.2020. Thereafter, when the respondent-department initiated the promotion exercise …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court
3 years, 1 month ago

Article 226 - High Court Not Required To Reappreciate Evidence Or Interfere With Findings Recorded By Disciplinary Authority: Supreme Court

Live Law  

The Supreme Court observed that a High Court, while exercising its powers of judicial review, is not required to re-appreciate the evidence and/or interfere with the findings recorded by the inquiry officer accepted by the disciplinary authority.In this case, the appellant was serving as a Branch Officer of a Bank. The Supreme Court observed that a High Court, while exercising …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
3 years, 1 month ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
3 years, 1 month ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 3 months ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court
3 years, 5 months ago

Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court

Live Law  

The Supreme Court observed that the validity of sanction order can also be raised in the course of trial.In this case, the petitioner's contention before the Apex Court was that the Trial Court has taken cognizance of the offence without there being valid sanction as per the provision of Section 19 of the Prevention of Corruption Act, 1988. The Supreme …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 6 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 7 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
4 years, 2 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 7 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants
5 years, 2 months ago

Death Of The Sole Public Servant Does Not Enable The Special Judge Under The P.C. Act To Transmit The Case To The Regular Criminal Court For Trial Of The Surviving Non-Public Servants

Live Law  

I chanced to come across a recent judgment of a learned single Judge of the High Court of Kerala directing the Special Judge exercising jurisdiction under the Prevention of Corruption Act, 1988, to transmit the C.C. 20.64 crores and thereby committed offences under Section 5 punishable under Section 5 of the Prevention of Corruption Act, 1947 corresponding to Section 13 …

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment]
5 years, 3 months ago

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment]

Live Law  

The Supreme Court has observed that protection of sanction to public servants under Section 197 of the Code of Criminal Procedure is not available where the acts are performed using the office as a mere cloak for unlawful gains.The Court also observed that the protection of sanction under Section 19 of the Prevention of Corruption Act would not be available …

No Need To Seek Sanction For Prosecution For A Retired Public Servant: Allahabad HC [Read Judgment]
5 years, 4 months ago

No Need To Seek Sanction For Prosecution For A Retired Public Servant: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Monday held that no sanction for prosecution under the Prevention of Corruption Act, 1988, is necessary after the retirement of Public Servant. Justice Dinesh Kumar Singh-I refused the arguments raised by the Petitioner, Shyam Bihari Tiwari, a retired Principal of a government inter college, that he was covered by the definition of public servant and …

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]
5 years, 7 months ago

Section 197 CrPC: Employees Of Public Sector Corporations Are Not Entitled To Protection Of Sanction As 'Public Servant': SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that those employees of public sector corporations are not entitled to the protection under Section 197 of the Code of Criminal Procedure, as 'public servant'.The bench comprising Justice Navin Sinha and Justice AS Bopanna were considering an appeal against rejecting the challenge to their prosecution for lack of sanction under Section 197 of the Code …

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]
5 years, 9 months ago

Retirement Does Not Protect Employee From Action For Misconduct During Service : Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Friday held that retirement of an employee does not completely preclude the appointing authority from initiating action for dealing with the misconduct of the employee during currency of the service. Petitioner challenged the said condition of continuation of the disciplinary proceedings against her in a writ petition before the high Court. A division bench of …

Sanction To Investigate Public Servant: When The Act Is Ex-facie Criminal, Approval Under Section 17A of PC Act Not Necessary, Rules Delhi HC
6 years, 1 month ago

Sanction To Investigate Public Servant: When The Act Is Ex-facie Criminal, Approval Under Section 17A of PC Act Not Necessary, Rules Delhi HC

Live Law  

Delhi High Court has recently ruled that when the act of a public servant is ex-facie criminal or constitutes an offence, prior approval of the Government as mandated under Section 17A of Prevention of Corruption Act would not be necessary.Justice Najmi Waziri was hearing petitions filed by CBI Officers Rakesh Asthana And Devender Kumar for quashing the FIR registered by …

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]
6 years, 11 months ago

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]

Live Law  

In a significant development a two Judge Bench of the Supreme Court comprising Justices Chelameswar and Sanjay Kishan Kaul on Tuesday referred the question ‘whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973’. In …

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]
6 years, 11 months ago

Breaking: “Is Prior Sanction Mandatory For Referring A Complaint Against Public Servant For Investigation U/S 156(3) CrPC?” Question Referred To Larger Bench [Read Judgment]

Live Law  

In a significant development a two Judge Bench of the Supreme Court comprising Justices Chelameswar and Sanjay Kishan Kaul on Tuesday referred the question ‘whether prior sanction for prosecution qua allegation of corruption in respect of a public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973’. In …

Mere Registration Of Criminal Cases Against Public Servant Can’t Form Basis Of Retiring Him Compulsorily: J&K HC [Read Order]
7 years ago

Mere Registration Of Criminal Cases Against Public Servant Can’t Form Basis Of Retiring Him Compulsorily: J&K HC [Read Order]

Live Law  

The Jammu & Kashmir High Court on Thursday ruled that mere registration of a FIR against a public servant shall not be a ground for compulsorily retiring the official concerned.The bench also directed the reinstatement of the petitioner, who held the post of Assistant Manager in the Public Works Department, and against whom the Vigilance Organisation Kashmir had registered FIRs. …

Can't prosecute govt servants without sanction: Rajasthan brings law
7 years, 5 months ago

Can't prosecute govt servants without sanction: Rajasthan brings law

Deccan Chronicle  

Jaipur: The Vasundhara Raje government has passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction. The Criminal Laws Ordinance, 2017, promulgated on 7 September, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is …

Sanction to prosecute govt servants should come quicker, says Bombay High Court
7 years, 8 months ago

Sanction to prosecute govt servants should come quicker, says Bombay High Court

Firstpost  

The Bombay High Court on Monday asked the Maharashtra government to review the rule that gives it up to nine months to decide on granting sanction to prosecute a public servant and make the period shorter. Mumbai: The Bombay High Court on Monday asked the Maharashtra government to review the rule that gives it up to nine months to decide …

All You Need To Know About Prosecution Sanction [Part-II]
7 years, 9 months ago

All You Need To Know About Prosecution Sanction [Part-II]

Live Law  

E SECTION 197 Cr.P.C DISSECTED AND DISMANTLED Prosecution sanction either by the Central Government or by the State Government under Section 197 Cr.P.C is a condition precedent for taking cognizance of an offence by a criminal court against a Judge, Magistrate or public servant only if – 1he is removable from his office eitheri)by the Government,ORii) with. E SECTION 197 …

All You Need To Know About Prosecution Sanction [Part-I]
7 years, 9 months ago

All You Need To Know About Prosecution Sanction [Part-I]

Live Law  

A INTRODUCTION The object of Section 197 Cr.P.C is to save public servants from frivolous prosecution. C THE MEANING OF REMOVABLE FROM OFFICE BY OR WITH THE SANCTION OF THE GOVERNMENT If as per the Rules and Regulations governing the Government servant, a lower officer of the Government has been invested with the power to appoint or dismiss such Government …

Delhi HC to examine law on sanction to try govt officials in sexual offence cases
7 years, 9 months ago

Delhi HC to examine law on sanction to try govt officials in sexual offence cases

India TV News  

Delhi HC to examine law on sanction to try govt officials in sexual offence cases The Delhi High Court has agreed to examine the constitutional validity of a law that provides no prior sanction to try public servants in sexual offence cases. The Delhi High Court has agreed to examine the constitutional validity of a law that came into being …

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]
8 years, 2 months ago

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

Live Law  

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a …

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]
8 years, 10 months ago

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. There cannot be a universal rule to determine …

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]
8 years, 10 months ago

Protection of ‘sanction’ to Govt. servants cannot be camouflaged to commit crime; SC summarizes principles governing ‘sanction’ [Read Judgment]

Live Law  

In a significant judgment, the Supreme Court in Devinder Singh & Ors vs. State of Punjab through CBI, has summarized the principles governing requirement of sanction to prosecute Government servants and held that the offence committed by the Government servants must be directly and reasonably connected with official duty to require sanction. There cannot be a universal rule to determine …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC
9 years, 7 months ago

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC

Live Law  

A Supreme Court Bench comprising Justice T.S. Thakur and Justice Amitava Roy, in a recent decision in the case of Nanjappa v. State of Karnataka has held that a Trial of Public Servant with Invalid Sanction is Null and void and Non-est. In such cases, second Trial is permissible with Valid Sanction.The Court was hearing an Appeal filed against a …

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]
10 years, 3 months ago

No sanction required to prosecute a Retired Public servant under Prevention of Corruption Act, but it is necessary to prosecute him under Penal Code; SC [Read the Judgment]

Live Law  

The appeal before the Supreme Court was heard and the court held that the point of law with reference to public servants who had retired was clear that sanction to prosecute the public servant for the offences under the Prevention Of Corruption Act is not required but the sanction is required to prosecute for offences under Indian Penal Code.In the …

Government sanction is mandatory to investigate a public servant, rules SC
11 years, 5 months ago

Government sanction is mandatory to investigate a public servant, rules SC

Live Law  

In a judgment having far reaching consequences, the Supreme Court held that a Magistrate cannot order investigation against a public servant in a corruption complaint if there is no sanction given by the government. A bench of Justices K S Radhakrishnan and A K Sikri said, "Once it is noticed that there was no previous sanction, the Magistrate cannot order …

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