Supreme Court of India · 2022-10-11
VIJAY RAJMOHAN vs STATE REPRESENTED BY THE INSPECTOR OF POLICE
- Citation / case number
- SC 2022/3264
- Court
- Supreme Court of India
- Petitioner
- VIJAY RAJMOHAN
- Respondent
- STATE REPRESENTED BY THE INSPECTOR OF POLICE
- Author
- HON'BLE MR. JUSTICE A.S. BOPANNA
- Bench
- HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE A.S. BOPANNA
Judgment text excerpt
The Supreme Court addressed two key legal questions regarding the prosecution of a public servant under the Prevention of Corruption Act. It ruled that consulting the Central Vigilance Commission does not render the sanction for prosecution illegal, and clarified that the three-month period for the Appointing Authority to decide on sanction is not mandatory, thus criminal proceedings cannot be quashed solely for delay in decision-making. The court ultimately upheld the High Court's decision to allow the State's revision petition against the discharge of the appellant.