Supreme Court of India · 2008-01-25
Ajay Kumar Mishra vs State Of Jharkhand & Ors
- Court
- Supreme Court of India
- Petitioner
- Ajay Kumar Mishra
- Respondent
- State Of Jharkhand & Ors
- Bench
- K.G. Balakrishnan, R.V. Raveendran
Judgment text excerpt
The Supreme Court held that the grant of sanction for prosecution under Sections 5(2) read with 5(1)(c) and (d) of the Prevention of Corruption Act after a significant delay of nearly 20 years was unjust and improper. The Court emphasized that the earlier investigation report had found no criminal liability against the appellant, an I.A.S. officer, and that further prosecution would amount to harassment, especially since the appellant had already retired. The Court upheld the Single Judge's decision to quash the sanction and set aside the Division Bench's order allowing prosecution.