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.