Preventio of Corruption Act
kushal
(Querist) 30 March 2011
This query is : Resolved
My father was a employee of the Rajasthan govenrment till June 2010.
In April 2007, he was allegely trapped while taking a bribe of Rs 5000.
After investigations the Anti Corruption Depatment approached his appointing authority for sanction of prosecution, which was denied by in June 2009.
Now three 6 months after his retirement, ACD hs again written to the appoiting authority to reconsider the decision.
the appointing authority has responded that since the person has retired, the government can not consider the request and ACD may take its own decision.
Based on the responce, ACD has now presented a chagesheet in the special anti corruption court.
My question is : Can this be challanged in the higher court since the appointing authority ahs denied permission and in caase yes are their any relavent cases that can be quoted.
Kiran Kumar
(Expert) 30 March 2011
Hon'ble SC has recently, in the year 2006, delivered a judgment in Parkash Singh Badal's case....
if that judgment is to be followed then the SC says Corruption is an act committed during the course of service and not in discharge of official duty.
therefore, no sanction, in my opinion is required to prosecute the accused....the accused might have retired later on....it shall not immune the accused from prosecution....
it will be better to contest the case on merits rather than approaching the higher courts for quashing.
Advocate. Arunagiri
(Expert) 30 March 2011
Without permission from the higher authority, the police can not file a charge sheet. It is mandatory, not a mere formal procedure. There are numerous decisions on this.
Sri Vijayan.A
(Expert) 31 March 2011
I agree or go with Mr.Kiran Kumar.
In my experience, i had seen a case.
The CBI told that the charged was not in service at the time of serving of charge sheet. It was accepted by CBI court.
Later in appeal also, the argument by the accused that 'the sanction was not given by the authorities' was not accepted by High Court of Madras.
Hence, it is advised to concentrate on the merit of the case. When there is other defence available, you can for it.
Advocate. Arunagiri
(Expert) 31 March 2011
Mr.Vijayan,
If he is not in service, the question of superior officer does not arise.
When he is in service the permission is mandatory.
kushal
(Querist) 01 April 2011
Dear All, thanks for the comments.
I feel that there is a little difference in the sense that the competent had denied approval in 2009 and then the ACB waited for 1.5 years waiting for him to retire and then now saying that since he is not in service we can chargesheet him.
In such a scenario what is the need of a prosecution sanction since every government would retire one day. ACB cab wait till he retires and then file a chargesheet.
Advocate Bhartesh goyal
(Expert) 30 March 2011
