STATE THROUGH ANTI-CORRUPTIONBUREAU, GOVERNMENT OF MAHARASH vs KRISHANCHAND KHUSHALCHAND JAGTIANI

The Supreme Court held that the sanction for prosecution under Section 5 of the Prevention of Corruption Act, 1947, and Sections 161 and 165 of the IPC was invalid as it was granted by the Municipal Commissioner without the necessary approval from the Standing Committee, as required under Section 6(1)(c) of the Act. The Court emphasized that the authority competent to remove a public servant must grant such sanction, and the absence of this approval rendered the proceedings void. Consequently, the Court upheld the Bombay High Court's decision to quash the charges against the respondent.