Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Repatriation Prevention of Corruption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988 - s.19(1)(c) - Sanction for prosecution - Competent authority - Employee of an undertaking of the State of Uttar Pradesh - Consequently taken on deputation and posted in a undertaking of the State of Uttarakhand - While working there, case lodged against employee-respondent u/s. 7 r/w s. 13(1)(d) and 13(2) of the Act - Respondent repatriated on the same day to his parent organization by the State Government of Uttarakhand which also granted sanction for his prosecution - High Court quashed prosecution holding that the State Government of the Uttar Pradesh was competent to remove him and to grant necessary sanction,_ and not the State Government of Uttarakhand - Whether respondent being on deputation to an undertaking of the State Government of Uttarakhand, it had the power to repatriate him which would mean the power of removal from office by the State Government of Uttarakhand - Held, No - The power to repatriate does not embrace within itself the power of removal from office as envisaged u/s.19(1)(c) of the Act - The purport of taking the sanction from the authority competent to remove a corrupt government servant from his office is not only to remove him from his temporary office but to remove him from government service - It was the State Government of the Uttar Pradesh which was competent to remove the respondent and to grant necessary sanction. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2013 INSC 171 |
Petitioner | State Of Uttarakhand |
Respondent | Yogendra Nath Arora |
SCR | [2013] 5 S.C.R. 233 |
Judgement Date | 2013-03-18 |
Case Number | 459 |
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