Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Object of S.197 Cr.P.C is to protect public servants to ensure that they are not prosecuted for anything done by them in discharge of their official duties without reasonable cause - However, such protection is provided only for act done by public servant connected with his official..........
Service -- Appointment - Post of Science teacher - Once the subject is sanctioned in the school, department cannot deny sanction of a post of teacher...........
Service -- Appointment - Post of Science Teacher - Appellant was considered for selection grade in the year 2003 - Merely because there is no sanction for post, appointment of appellant cannot be denied to her - The very purpose of sanctioning a subject is to have said subject taught in school for which a teacher is obviously required - Appellant deemed to be appointed as..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 304 -- Withdrawal from prosecution - Offence u/s 304(Part I)PC - Death of a person due to falling off under construction Bridge - Inquiry report shows that bridge fell down due to failure of member in compression - In the reports petitioners not held liable - Officials who held liable on bridge..........
Punjab Town Improvement Trust Act, 1922, Section 32, 43 -- Power of development authority - As regards power to alter/change the scheme after its sanction, there is an enabling power with the Improvement Trust u/s 43 of the Act after obtaining the prior approval of the State Government - However, question is whether exercise of such power is bonafide and in public interest..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - No valid sanction - Court when finds that there is no valid sanction, it should direct prosecution to do the needful done - Sufficient opportunity be given to produce valid prosecution sanction from the competent authority...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Error, omission or irregularity in grant of sanction - Courts not to quash or stay proceedings under the Act merely on the ground of an error, omission or irregularity in the sanction granted by authority unless it is satisfied that such error, omission or irregularity has resulted in failure of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Earlier order of sanction invalid - No bar for competent authority to issue a proper order of sanction for prosecution...........
Prevention of Corruption Act, 1988, Section 13(1)(c)(d)(e), 13(2), Criminal Procedure Code, 1973, Section 300 -- Offence u/ss 13(1)(c)(d)(e), 13(2) of P.C. Act - Double jeopardy - Accused discharged due to lack of proper sanction - Proper order of sanction for prosecution issued thereafter - Fresh/supplementary charge sheet filed - Principle of "double jeopardy" do not..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Allegation against I.O - Petitioner misused his authority as Sub-Inspector of police and he intentionally aided actual accused - He admittedly falls within definition of Public Servant u/s 21 IPC and therefore, it is mandatory to follow provision u/s 197 Cr.P.C - Cognizance of offence taken by Court..........
