Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988; Section 19/All India Institute of Medical Sciences Regulations, 1999; Schedule-II/Code of Criminal Procedure, 1973; Section 482:Demand of illegal gratification by an employee from a Supplier for renewal of contract-Tape-recording of conversation-Complaint-Anti Corruption Bureau laid a trap, caught the employee red-handed-He was placed under suspension-Sanction to prosecute not recommended by the Ministry of Law & Justice and the Central Vigilance Commission-Declining to grant the sanction President of the institute revoked the order of suspension subject to its ratification by the Governing Body/authority-However, the authority concerned did not ratify the order of the President-Challenge to-- Allowed by High Court holding that the authority could not supersede the decision of the President-On appeal, Held: High Court proceeded on the E wrong premise that the decision arrived at by the President was in the capacity of the sanctioning authority but under the Regulations the sanctioning authority was the Governing Body-President has no role to play -Recording of reasons by the authority to differ from the order of the President not necessary-Since the authority had considered all the material and evidence on record, Order passed by it meeting the requirement of law-Hence, judgment of the High Court not sustainable and set aside-No view expressed on the merits of the case-Trial Court to proceed in accordance with law-Directions issued. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 268 |
Petitioner | State (anti Corruption Branch) Govt. Of N.c.t. Of Delhi And Anr |
Respondent | Dr. R.c. Anand And Anr |
SCR | [2004] Supp. (1) S.C.R. 161 |
Judgement Date | 2004-04-15 |
Case Number | 478 |
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