Supreme Court of India · 2011-05-18
M.P. State vs Pradeep Kumar Gupta
- Citation / case number
- AIR 2011 SUPREME COURT 2334
- Court
- Supreme Court of India
- Petitioner
- M.P. State
- Respondent
- Pradeep Kumar Gupta
- Author
- A.K. Ganguly
- Bench
- Deepak Verma, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court overturned the High Court's decision that quashed the sanction for prosecution against Sh. Pradeep Kumar Gupta, an Engineer in the Municipal Corporation of Ujjain, on the grounds that the High Court failed to consider relevant facts. The Court clarified that under Section 86 of the Madhya Pradesh Municipalities Act, 1961, Gupta was appointed by the State Government and remained under its control, thus validating the sanction for prosecution. The Court held that the High Court's conclusions were not warranted in law or fact, reinstating the prosecution sanction.