Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act Accumulation of assets |
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, 1947-Section 6(1) and Section 5(2) read with Section 5(1)(e)-Accumulation of assets disproportionate to income by public servant-Sanction Order by the Authority for prosecution under Section 5(2) read with 5(1)(e)-Validity of-Held: Facts disclosed in the sanction order are eloquent for constituting prima facie offence under the Section and on reading it with evidence of sanctioning authority, it is clear that the sanction was accorded properly with due application of mind and hence, valid-Order of High Court that sanction accorded was valid calls for no interference-Constitution of India, 1950-Article 136. It is alleged that a technical supervisor of the Telephone Department accumulated assets disproportionate to his known source of income for certain period. CBI carried out the investigation and filed charge sheet against the employee for offence under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947. Deputy General Manager of the Department accorded sanction under section 6(1) of the Act for prosecution of the accused. Special Judge acquitted the accused on the ground that the sanction was invalid. Single Judge of High Court set aside the order holding that the sanction accorded by the prosecution was valid and remitted the matter to the Special Judge. Hence the present appeal. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 163 |
Petitioner | C.s. Krishnamurthy |
Respondent | State Of Karnataka |
SCR | [2005] 2 S.C.R. 1163 |
Judgement Date | 2005-03-29 |
Case Number | 462 |
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