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october 2022

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.

VIJAY RAJMOHAN vs STATE REPRESENTED BY THE INSPECTOR OF POLICE · Niyam