Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Refusal - Review/reconsideration of order - No fresh material produced - Investigating agency did not challenge the order declining sanction - Held, no justification on the part of authority in according sanction for prosecution - Impugned order granting sanction to prosecute set aside...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Sanction granted after an active discussion between sponsoring and sanctioning authorities - Draft sanction if prepared would virtually be an expression of sanctioning authority - Even if the draft and order of sanction are identical, it hardly effects the merits of order granting..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have been committed by public servant..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Failure to examine sanctioning authority not fatal to prosecution case, as it is not necessary in every case to examine sanctioning authority...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Once public servant retires or superannuates or ceases to be in his office then no sanction of competent authority is required to prosecute him for the offences committed by him under the colour of his office...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - No evidence on record that sanction was granted in an absolutely mechanical manner - Authority had applied its mind while granting sanction - While granting sanction a detailed reasoned judgment is not required to be passed - No infirmity in sanctioning order so as to declare it as..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Exercising power u/s 19 of the Act is not an empty formality - Competent authority or sanctioning authority is supposed to apply its mind to the entire material and evidence placed before it and on such examination thereof to reach a conclusion fairly, objectively and consistent with public..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction declined on earlier two occasions - No fresh materials were available to give sanction on third occasion while granting sanction - More so, sanctioning authority while passing impugned sanction order completely ignored the earlier orders, which shows that there is absolutely no..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Members of Public Service Commission - Competent authority would be authority who has powers of removal, who can grant sanction - It is not Governor but President of India who has been vested with power as per S.19(1)(c) & S.19(2) of the Act...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Members of Public Service Commission - Competent authority to grant sanction is President of India - However, sanction obtained from Governor - Liberty granted to State to approach competent authority and then proceed afresh against petitioners from the stage of taking cognizance in accordance..........
