AJAY KUMAR MISHRA vs STATE OF JHARKHAND

The Supreme Court held that the delay of nearly 20 years in granting sanction for prosecution under Sections 5(2) read with 5(1)(c) and (d) of the Prevention of Corruption Act, coupled with a prior investigation report indicating no criminal liability, rendered the prosecution unjust and improper. The Court upheld the Single Judge's decision to quash the sanction, emphasizing that further prosecution was unnecessary as the appellant had already retired from service. The Division Bench's order was set aside, and the appeal was disposed of in favor of the appellant.