Prevention of Corruption Act, 1988, Section 19 -- (As amended) - Sanction for prosecution - Public servant cannot be prosecuted without sanction and his retirement from service does not make any difference in the matter of obtaining sanction...........
Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Dismissal of previous complaint for want of sanction - Second complaint after retirement of public servant is maintainable when sanction for prosecution is not necessary after demitting office or retirement...........
Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Public servant - Refusal of sanction for prosecution - Public servant cannot be prosecuted later after retirement of office notwithstanding that no sanction for prosecution is necessary after demitting office or retirement of public servant...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution u/s 19 of the Act - Retirement from service - Sanction for prosecution u/s 19 of the Act is not required...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Retirement from service - As per S.19 of the Act for taking cognizance of offence under the PC Act it is necessary for public servant to remain in service - In the instant case, on date of taking cognizance the petitioner was not in service as he had retired, hence there was need to seek..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Ambit of S.197 Cr.P.C. is wider as compared to S.19 of Prevention of Corruption Act - Whilst the requirement of prior sanction ceases in cases under P.C. Act after the public servant has retired but requirement of sanction u/s 197 CrPC continues even..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Illegal gratification - Conviction - Validity - Accused alleged to have demanded bribe of Rs.200 from complainant for passing bills of his retirement benefits - Verifier was only partly examined by prosecution - Even if verifier proved documents which indicated verification of demand at earlier stage, document..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1)(a), 13(2) -- Sanction for prosecution - Offence u/ss 13(1)(a), 13(2) IPC - Retirement of accused - Where competent authority refused to grant sanction for prosecution to accused while he was in service, accused cannot be prosecuted later after retirement, notwithstanding the fact..........
Prevention of Corruption Act, 1988, Section 7,13(1)(d) -- Illegal gratification - r/w ,S. 13(2) and 19 - Acquitted for want of sanction by competent authority - Fresh prosecution after retirement without obtaining sanction is maintainable and not liable to be quashed...........
