Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | prosecution of public servant Previous sanction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1973:s. 197 read with s.239 CrPC and s.19 of P.C. Act -Previous sanction for prosecution of public servant -Appellant, an /AS, holding offices of Industries Commissionerin State Government and a nominee Director of MPSIDC -Misuse of position by appellant while discharging his 0responsibilities as a nominee Director of MPSIDC -Prosecution of - Held: The Governor under Clause 89 ofMemorandum and Articles of Association of MPSIDC hasabsolute discretion to nominate anyone suitable as per hiswisdom, as nominee Director of MPSIDC and is also vested with absolute discretion to remove a nominee Director -Participation of appellant in the meeting of the Board ofDirectors of MPSIDC was not on account of his holding theoffice of Industries Commissioner, Government of MadhyaPradesh, nor was it on account of his being a member of IAScadre - Therefore, sanction if required, ought to have been Fobtained from the Governor of the State - However, sinceappellant was not holding the public office which he is allegedto have abused, when the first charge sheet was filed, therewas no need to obtain any sanction before proceeding toprosecute him for the offences Alleged against him.s.197 - Previous sanction for prosecution of publicservant - Held: Sanction is essential only if, at the time of taking cognizance, accused was still holding the public officewhich he allegedly abused.s. 197 - Previous sanction for prosecution of publicservant - Plurality of offices held by public servant - Held: Ifan accused holds a plurality of offices, sanction is essentialonly at the hands of the competent authority entitled toremove him from service of the office which he had allegedlymisused.s. 197 - Previous sanction for prosecution of publicC servant - Public servant, a nominee Director of MPSIDC -Plea that such nominee Director was not in charge of conductof business of MPSDIC nor was he responsible for its day today activities - Held: Accusation implicating the appellant, isdirectly attributable to him as nominee Director of MPSIDCD - His culpability lies in the mischief of passing the resolutionin question - Implementation of said resolution is theconsequential effect of the said mischief. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 632 |
Petitioner | Ajoy Acharya |
Respondent | State Bureau Of Inv. Against Eco. Offence |
SCR | [2013] 9 S.C.R. 457 |
Judgement Date | 2013-09-17 |
Case Number | 1454 |
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