Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 post retirement Section 19 Sanction for prosecution Article 14 of Constitution of India |
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 - Previous sanction necessary for prosecution - Sanction for prosecuting respondent-public servant - Refusal of by the Municipal Corporation and thereafter, by the State, while the respondent was in service - Respondent discharged by the court of competent jurisdiction - Despite superannuation of respondent from service, fresh challan filed by the prosecution against respondent - Rejection of the application for discharge by the trial court - Revision petitions there against, dismissed by the High Court-Applications u/s. 19 before the Special Court also dismissed - However, revision petition there against allowed by the Division Bench - On appeal, held: Not a fit case to grant the relief claimed by the State.HELD: The parliament should consider the constitutional imperative of Article 14 enshrining the rule of law wherein “due process of law” has been read into by introducing a time-limit in Section 19 of the Prevention of Corruption Act, 1988 for its working in a reasonable manner. However, in view of the facts including the fact that the State refused to grant sanction while the respondent was in service and he was discharged by the Court of competent jurisdiction earlier and in view of the decision of this Court in the case of Chittarajan Das that when sanction sought is refused by the competent authority while public servant was in service, he cannot be prosecuted later after his retirement notwith standind the fact that no sanction for prosecution under the Prevention of Corruption Act is necessary after retirement of the public servant, it is not a fit case to grant the relief claimed by the State. [Para 25, 27] [277-A, B, D, E] |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 902 |
Petitioner | State Of M.p. |
Respondent | Ram Manohar Pandey |
SCR | [2014] 11 S.C.R. 268 |
Judgement Date | 2014-12-09 |
Case Number | 2547 |
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