Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Municipality Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Municipalities Act, 1961 (37 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Madhya Pradesh Municipality Act, 1961 - s. 86 - Sanction for prosecution of a public servant - Respondent- employee, an engineer in Municipal Corporation - Punishment imposed on him in the form of withdrawal of two increments - Sanction for prosecution of respondent granted by the State Government - Validity of - Held: Respondent was appointed by the State Government and remained under the control of the State Government throughout his service - State Government besides being the Appointing Authority was also the Authority to impose punishment and remove the respondent - Consequently, in terms of s. 19 of the PC Act, 1988, the State Government was competent to grant sanction to prosecute the respondent - Thus, High Court erred in holding that the grant of sanction for prosecution by the State Government was invalid - Madhya Pradesh Municipal Service (Executive) Rules, 1973- rr. 17 and 32- Prevention of Corruption Act, 1988 - s. 19. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 404 |
Petitioner | M.p. State |
Respondent | Pradeep Kumar Gupta |
SCR | [2011] 6 S.C.R. 882 |
Judgement Date | 2011-05-18 |
Case Number | 992 |
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