Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Public servant - Refusal of sanction for prosecution - Public servant cannot be prosecuted later after retirement of office notwithstanding that no sanction for prosecution is necessary after demitting office or retirement of public servant...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Refusal - Review/reconsideration of order - No fresh material produced - Investigating agency did not challenge the order declining sanction - Held, no justification on the part of authority in according sanction for prosecution - Impugned order granting sanction to prosecute set aside...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of official duty, as the accused..........
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,..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Competent Authority has to form an opinion that commission of an offence is made out - At the stage of grant or refusal of sanction, the Competent Authority is not obliged to undertake a detailed enquiry and to go into the merits of the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Power to grant sanction includes power to refuse - Sanctioning authority has to arrive at the conclusion for refusal or grant of sanction by taking into consideration the material placed before it - There may be doubts in the mind of the sanctioning..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - Competent Authority faulted himself in point of law by taking into account irrelevant and extraneous considerations - Reasons assigned for refusal of sanction not legally relevant - Held, exercise of discretionary power to grant or refuse sanction stood vitiated - Impugned..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Grant or refusal should be clear - Order not disclosing that Authority arrived at prima facie satisfaction as to commission of offence - Reasons also absent - Order suffers from non application of mind...........
Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226 -- Public servant - Sanction for prosecution - Public interest litigation - Locus standi - Public servant allegedly in possession of assets disproportionate to his known sources of income - Refusal of sanction for prosecution - PIL against - It is wrong for Court to judge petitioner's..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Refusal - Review - No fresh material produced - Nothing to show as to why reconsideration became necessary - - High Court holding that State has no power of review - Order upheld...........
