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may 1977

Supreme Court of India · 1977-05-03

STATE OF WEST BENGAL ETC. vs MANMAL BHUTORIA & ORS. ETC.

Citation / case number
SC 1973/60438
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL ETC.
Respondent
MANMAL BHUTORIA & ORS. ETC.
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court clarified that public servants who have ceased to be in office are not similarly situated to those currently in office, thus upholding the classification under Section 6 of the Bengal Act. The Court ruled that the applicability of the Act does not violate Article 14 of the Constitution, as the classification has been consistently upheld. It was established that the date of commission of the offence is crucial for determining the applicability of the Act, and that retirement or resignation does not negate prior offences committed while in service. The Court affirmed that the Special Court has jurisdiction to try offences under the Prevention of Corruption Act in conjunction with the Bengal Act.

STATE OF WEST BENGAL ETC. vs MANMAL BHUTORIA & ORS. ETC. · Niyam