Prevention of Corruption Act, 1988, Section 19(1)(c), Criminal Procedure Code, 1973, Section 465 -- Sanction for prosecution - Held, any error, omission or irregularity in sanction, which would also include competence of authority to grant sanction, does not vitiate proceedings, unless failure of justice has occurred...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13, Constitution of India, 1950, Article 226 -- Sanction to prosecute - Refusal to - PIL against - Scandal of illegal appointments and payment of salaries to teachers - Impugned orders declining sanction for prosecution passed after considering evidence and material on record - Held,..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public Servant - Sanction for prosecution - Plea that order of sanction does not indicate reference to any material - Trial court should conduct a proper inquiry as to whether all the relevant materials were placed before the competent authority and whether the competent authority..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public Servant - Sanction for prosecution - Competent authority - Held, authority competent to remove an officer from service is authority to give sanction for prosecution...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public servant - Sanction for prosecution - Object - Held, grant of sanction is only an administrative function - It is intended to protect public servants against frivolous and vexatious litigation - It also ensures that a dishonest officer is brought before law and is tried in..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - It is not a empty formality - Grant of sanction is a sacrosanct act and is intended to provide a safeguard to a public servant against frivolous & vexatious litigation - Although it is an administrative function but sanctioning authority is required to prima facie reach a satisfaction that..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Exercise of power - Held, power to grant sanction is to be exercised strictly keeping in mind public interest and protection available to accused against whom sanction is sought - Order of sanction should make it evident that authority had..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Held, competent authority cannot delegate its power to some other officer or authority - Also sanction cannot be granted on basis of report given by some other officer or authority...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197, Delhi Special Police Establishment Act, 1946, Section 6 -- Sanction for prosecution - Validity - Held, CBI Manual based on provisions of Cr.P.C. is best authority to decide validity of sanction order...........
