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.