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december 1957

Supreme Court of India · 1957-12-03

S. A. VENKATARAMAN vs THE STATE(and connected appeal)

Citation / case number
SC 1956/88
Court
Supreme Court of India
Petitioner
S. A. VENKATARAMAN
Respondent
THE STATE(and connected appeal)
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court ruled that under Section 6 of the Prevention of Corruption Act, 1947, no sanction is required for prosecuting a public servant who is no longer in service at the time of cognizance. The Court emphasized that the interpretation of statutory provisions must adhere to the clear meaning of the words used, and a public servant must be removable by competent authority for the sanction requirement to apply. The appellant's conviction for criminal misconduct under Section 5(2) was upheld as he was not a public servant at the time of cognizance, thus negating the need for sanction.

S. A. VENKATARAMAN vs THE STATE(and connected appeal) · Niyam