Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sree Sankaracharya University of Sanskrit Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Sree Sankaracharya University of Sanskrit Act, 1994. (5 of 1994) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sree Sankaracharya University of Sanskrit Act, 1994: s.50(2)- Protection under- Criminal proceedings against the appellant-Vice-Chancellor of the University - Requirement of previous sanction of the Syndicate of the University - Held: Any act done by the Officers of the University in good faith is protected u/s.50(2) - Vice-Chancellor of the University, is on of the Officers of the University in terms of s.23 of the Act - s.50(2) is, therefore, applicable to the appellant and in respect of any act done under the Act or Statutes or Ordinances or Regulations, no suit or prosecution or other proceeding could be initiated against him without the previous sanction of the Syndicate - Prevention of Corruption Act, 1988 s.13(1)(d) Penal Code, 1860 - ss. 120-B and 463.Code of Criminal Procedure, 1973: s.239 - Discharge application - Allegation that appellant-Vice-Chancellor of the University obtained pecuniary advantage and caused corresponding wrongful loss to the University- FIR - Charge- sheet filed after 8-1/2 years - Application for discharge - Held: In the absence of previous sanction of the Syndicate of the University which is mandatory in nature, the prosecution could not be launched against the appellant- Delay of 8-1/2 years in filing charge-sheet was also not explained - Even otherwise, there was no mention in the FIR or in the charge- sheet that the appellant had made any personal gain in the transaction - The FIR stated that the appellant had obtained a pecuniary advantage of around Rs. 59,51,5431- whereas in the charge-sheet, it came down to less than 5 per cent of the original estimate, nearly, Rs. 2,68, 3581- - There was no mention in the charge-sheet about the huge difference in the calculation of the loss between the FIR and the charge-sheet. Moreover, in view of sincere and speedy actions. taken by the appellant as Vice-Chancellor, Government had decided earlier to withdraw the criminal proceedings against the appellant - In terms of s. 114 of Evidence Act, 1872, presumption can be drawn that the Government had taken conscious decision of exonerating the appellant and there was no reason to doubt integrity of the appellant - Even on merits, records depicted that the appellant had not caused any loss to the government by his actions - Thus, appellant made out a case for discharge from the criminal proceedings - Sree Sankaracharya University of Sanskrit Act, 1994 - Evidence Act, 1872 -s.114. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 226 |
Petitioner | R. Ramachandran Nair |
Respondent | The Deputy Superintendent Vigilance Police & Anr. |
SCR | [2011] 3 S.C.R. 1054 |
Judgement Date | 2011-03-28 |
Case Number | 792 |
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