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..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Proof - Such sanction granted by authority competent to remove public servant from service must be proved by said authority during trial as prescribed under Evidence Act - Sanction marked by I.O. cannot be accepted as proper and legal sanction - In such a situation, bar of cognizance will apply..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity of sanction can be challenged at any stage of proceedings - In case sanction is found to be invalid, Court can discharge accused relegating parties to a stage where competent authority may grant a fresh sanction for prosecution in accordance with law - If trial Court proceeds despite..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Power to grant sanction with Department of Law and Justice is conferred by notification dated 3.2.1988 - Circular dated 28.2.1998 does not confer any new power and it only clarifies that Department of Law and Justice is a competent authority not only in respect of investigations made by..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanctioning authority himself would have to be examined to prove the sanction in a case where independent application of mind in the process of granting sanction itself is in issue...........
Prevention of Corruption Act, 1988, Section 19, Evidence Act, 1872, Section 74(1)(iii) -- Sanction for prosecution - Public document - For a prosecution sanction u/s 19 of Act to claim sanctity as a public document u/s 74(1)(iii) of Evidence Act, it must be something done or made by authority in the discharge of his normal official functions as Government servant - If..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - It is not permissible for sanctioning authority to review or reconsider the matter on same materials again - Only where fresh material is collected by Investigating agency subsequent to earlier order declining sanction then that matter is open for reconsideration...........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295A IPC - Sanction u/s 196 Cr.P.C. is mandatory and no Court has authority to take cognizance except with previous sanction of State Government - Order taking cognizance of offence u/s 295A IPC, without obtaining prior sanction improper and quashed...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Sanction order granted by competent authority i.e Finance Minister - After one month a corrigendum issued to effect certain corrections in the said sanction order which were only typographical errors, without obtaining approval of Finance Minister - Second order does not affect the..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Competent authority after taking into consideration evidence collected during investigation and entire material placed before it was prima facie satisfied that it is a fit case in which prosecution sanction is to be granted - No detailed enquiry expected at the stage of granting..........
