Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Refusal - Review of order - Held, sanctioning authority can review its order and grant sanction if some new material comes to its notice which was not available when earlier decision was taken...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioners/Junior Engineers in Electricity Dept., alleged to have committed offences u/ss 447, 323, 504 and 379, IPC - Petitioners allegedly took away generator sets during raid conducted on premises of complainant - Held, petitioners being officers of Electricity Department had gone to conduct raid..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Dismissal from service - Challan without sanction for prosecution filed - Reinstatement during trial - Held, challan can be put up without sanction for prosecution when at the time of putting up challan employee was not in government service...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Public servant - Illegal gratification - Sanction for prosecution - Non examination of sanctioning authority - Plea as to relevant records not placed before Board - Adverse conclusion that relevant records were not produced before Board cannot be drawn in absence of indicating basis for such a conclusion - Order of..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Provision of S.19 Prevention of Corruption Act and S.197 Cr.P.C. operate in conceptually different fields - Case covered under Prevention of Corruption Act, in respect of public servants, the sanction is of..........
Civil Service Regulations -- Regulation 351A, proviso (a) and 470 - Words and phrases - The word `institute' - Departmental proceedings - Continuance after retirement - The respondent had been placed under suspension and charges were also served upon him while he was in service - Proviso (a) to Regulation 351A used the word 'nstitute' - It did not come into play at all and..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Material for sanction - Adequacy or inadequacy of material before sanctioning authority cannot be looked into by Court...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Some of the materials on the basis of which sanction was granted not proved - Do not vitiate the order of sanction...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 120B -- Offence u/s 409, 120-B IPC against Divisional Accountant - Sanction for prosecution refused by competent authority - Cognizance of offence by Court is illegal - Cognizance of offence alleged to have been committed by accused could not have been taken without previous sanction of..........
