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july 2015

Supreme Court of India · 2015-07-09

State Of M.P. & Ors vs Anand Mohan & Anr

Citation / case number
AIR 2015 SC( CRI) 1473
Court
Supreme Court of India
Petitioner
State Of M.P. & Ors
Respondent
Anand Mohan & Anr
Author
Prafulla C. Pant
Bench
Prafulla C. Pant, Dipak Misra

Judgment text excerpt

The Supreme Court held that the Secretary, Department of Law and Legislative Affairs, was not the competent authority to grant sanction for prosecution under Section 19(1) of the Prevention of Corruption Act, 1988, as the relevant powers were conferred to the Secretary, Housing and Environment. The Court overturned the High Court's decision that had allowed the writ petition challenging the sanction order, emphasizing the necessity of adhering to the proper delegation of authority as per the State Government's notifications. Consequently, the appeal was allowed, reinstating the prosecution sanction granted by the appropriate authority.

State Of M.P. & Ors vs Anand Mohan & Anr · Niyam