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Supreme Court of India · 2013-03-18

STATE OF UTTARAKHAND vs YOGENDRA NATH ARORA

Citation / case number
SC 2007/3762
Court
Supreme Court of India
Petitioner
STATE OF UTTARAKHAND
Respondent
YOGENDRA NATH ARORA
Author
CHANDRAMAULI KR. PRASAD
Bench
V. GOPALA GOWDA CHANDRAMAULI KR. PRASAD

Judgment text excerpt

The Supreme Court held that under Section 19(1)(c) of the Prevention of Corruption Act, 1988, the sanction for prosecution must be obtained from the competent authority, which in this case was the State Government of Uttar Pradesh, as the accused was an employee of its undertaking. The Court found that the High Court correctly quashed the prosecution due to lack of valid sanction, emphasizing that the State Government of Uttarakhand did not have the authority to grant such sanction. The judgment reinforced the principle that the authority granting sanction must have jurisdiction over the accused's employment status.

STATE OF UTTARAKHAND vs YOGENDRA NATH ARORA · Niyam