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february 2014

Supreme Court of India · 2014-02-19

P.L.TATWAL vs STATE OF M.P.

Citation / case number
SC 2011/37450
Court
Supreme Court of India
Petitioner
P.L.TATWAL
Respondent
STATE OF M.P.
Author
KURIAN
Bench
KURIAN JOSEPH SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court held that under Section 19 of the Prevention of Corruption Act, 1988, previous sanction for prosecution is necessary for public servants, and the competent authority to grant such sanction is determined by the circumstances of the case. The Court found that the appellant's argument regarding the necessity of sanction from the Administrator was not supported by law, as the sanction had been granted while he was in service. The Court upheld the prosecution against the appellant, distinguishing his case from that of his co-accused whose proceedings were quashed due to lack of sanction during their service.

P.L.TATWAL vs STATE OF M.P. · Niyam