Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Not required for prosecution after retirement - Earlier dismissal of prosecution for want of sanction before retirement is of no effect...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Amassing assets disproportionate to known source of income - Sanction for prosecution refused when public servant was in service - Public servant cannot be prosecuted later after retirement, notwithstanding the fact that no sanction for prosecution under Prevention of Corruption Act is necessary..........
Prevention of Corruption Act, 1988, Section 7,13(1)(d),13(2) -- Illegal gratification - Conviction - Sentence less than minimum prescribed - Accused underwent ordeal of trial for 11 years and is of 72 years of age and was dismissed from service and not entitled to receive any retirement benefits - Held, there is no provision in the Act for awarding less than the minimum..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Refused twice - Accused retired - Charge sheet filed after retirement of accused as sanction of authority was not required after retirement of accused - Held, initiation of proceedings not justified - Proceedings..........
Criminal Procedure Code, 1973, Section 197, 228, Prevention of Corruption Act, 1988, Section 19 -- Corruption case - Sanction for prosecution of public servant - Charge sheet submitted against 10 accused including an IAS officer - Charge not framed against IAS officer for lack of sanction - IAS officer sought voluntary retirement - Held, supplementary charge sheet against..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Offence u/s 13(1)(d) r/w S.13(2) Prevention of Corruption Act and u/ss 420, 467, 468, 471 and 120-B IPC - Challan presented after retirement - Sanction for prosecution refused twice when accused were in..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1947, Section 5, Prevention of Corruption Act, 1988, Section 19 -- Sanction - Retirement - Under 1947 and 1998 Acts accused cannot claim immunity on the ground of want of sanction if he has ceased to be a public servant on the date when court took cognizance - However under section 197 Cr.P.C..........
Prevention of Corruption Act, 1947, Section 5(2), 197 -- Prosecution after retirement - Prior sanction u/s 197 Cr.P.C. - An accused facing prosecution under P.C. Act cannot claim immunity on ground of want of sanction if he ceased to be a public servant on the date when the Court took cognizance of the said offence...........
Prevention of Corruption Act, 1988, Section 13, 13(1)(e) -- Retirement - Offence committed by a public servant while in service is liable to be prosecuted under the Act whether he continues in office or not at the time of trial or during the pendency of the prosecution - No sanction is required to prosecute a public servant after retirement...........
