Time frame for sanction by government for prosecution of public servant

Querist : Anonymous (Querist) 31 January 2012 This query is : Resolved
Dear Experts,

This query is related with the recent Supreme Court observation that sanction by a competent authority for the prosecution of a public servant has to be granted within a time frame. The sanction would be deemed to be granted if competent authority failed to take a decision within four months. The court said that the right to file a complaint against a public servant under Prevention of Corruption Act is a constitutional right. It can be read at http://ibnlive.in.com/news/2g-sc-accepts-swamys-plea-against-pmo/225789-37-64.html

1) Can this observation be taken as law laid down by Supreme Court under Article 141 of Constitution?

2) What is the name or number of this case so that Supreme Court website can be searched to read this decision?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 31 January 2012
1. Yes
2.
CIVIL APPEAL NO. 1193 OF 2012

(Arising out of SLP(C) No. 27535 of 2010)

Querist : Anonymous (Querist) 31 January 2012
Excellent! Thank you Sir!

V R SHROFF (Expert) 31 January 2012
nothing left to be added. Quick & accurate.

Advocate. Arunagiri (Expert) 31 January 2012
I differ.

It is not the verdict of the SC that deemed sanction after 4 months is available right now.

The SC had suggested the Parliament for such amendment.

So, this suggestion will not come under article 141.

Raj Kumar Makkad (Expert) 31 January 2012
I fully endorse the views of Arunagiri.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries