V. K. SHARMA vs THE STATE (DELHI ADMINISTRATION)

The Supreme Court upheld the conviction of the appellant under Section 5(2) of the Prevention of Corruption Act and Section 161 IPC, affirming the High Court's decision to reduce the sentence from 2.5 years to 1 year. The Court ruled that the sanction for prosecution was invalid as the authority who granted it was not competent to remove the appellant from his position in the Central Secretariat. Furthermore, the presumption under Section 4 of the Act does not apply to the charges under Section 5(1)(d) in this case, as it only pertains to offenses under Section 161 IPC or Sections 5(1)(a) and (b).