Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 6 of the Prevention of Corruption Act Hyderabad Municipal Corporation Act 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hyderabad Municipal Corporation Act, 1955 (2 of 1956) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sanctioning authority for the purposes of Section 6 of the Prevention of Corruption Act under the Hyderabad Municipal Corporation Act, 1955 as amended by Act II of 1970 - Whether subsequent sanction is invalid since an earlier sanction was held to be invalid. The prosecution of the appellant, who was charged for having received an illegal gratification was held to be bad by the Special Judge, since the sanction for the prosecution under Section 6 of the Prevention of Corruption Act was granted by the Commissioner instead of the Standing Committee of the Hyderabad Municipality. He was, therefore, reinstated in service and when the Commissioner wrote again for the sanction, the Standing Committee recorded on 17-6-70 to drop the case on the ground that it was an old case and the appellant had already been reinstated in service. The Hyderabad Municipal Corporation (Amendment) Act II of 1970 came into force on 27-6-70, under which a provision was made for the appointment of a special officer to exercise the powers, to perform the duties and discharge the functions of (a) the Corporation (b) the Standing Committee and ( c) the Commission under the Act. This provision was to be in force for a period of two years with effect from 3-8-70 with a further provision that it shall not be extended beyond 31-10-75. After Act II of 1970 came into force, on 29-7-72 a memorandum was submitted in the nature of a note to the Standing Committee to take a fresh decision on the issue of prosecution of the appellant and for granting sanction to prosecute the appellant. On 15-5-73, the Standing Committee by its resolution authorised the special officer to sign the sanction order and to send it to Anti-Corruption Bureau, Hyderabad. In pursuance of the resolution, a sanction order was passed on 16-6-73. On 29-11-73 the appellant was placed under suspension and on 11-12-75, the special judge dismissed the petitioner's objections to the validity of the sanction. The appellant filed the appeal by special leaver as the High Court dismissed his criminal revision petition. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 180 |
Petitioner | Parmanand Dass |
Respondent | State Of Andhra Pradesh |
SCR | [1979] 1 S.C.R. 792 |
Judgement Date | 1978-09-05 |
Case Number | 482 |
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