CHITIARANJAN DAS versus STATE OF ORISSA
When the competent authority refuses to grant sanction for prosecution of a public servant while he is in service, prosecution cannot be initiated after retirement merely on the ground that sanction is no longer necessary. Allowing prosecution under such circumstances would render statutory protection illusory.
- Parties
- Appellant: Chittaranjan Das; Respondent: State of Orissa
- Jurisdiction
- India
- Judgment Date
- 04 July 2011
- Procedural Posture
- Criminal Appeal / Final Appeal Before Supreme Court
- Outcome
- appeal allowed
- Legal Topics
- Sanction for Prosecution, Prevention of Corruption Act, Disproportionate Assets, Public Servant Prosecution After Retirement
Case Brief
Summary, issues, holding and outcome
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Parties
Chittaranjan Das
Appellant
State of Orissa
Respondent
Procedural Posture
Criminal Appeal / Final Appeal Before Supreme Court
Legal Issues
- 1 Whether a public servant can be prosecuted under the Prevention of Corruption Act after retirement when sanction for prosecution was refused while he was in service
- 2 Effect of refusal of sanction while in service on prosecution after retirement
Ratio Decidendi
When the competent authority refuses to grant sanction for prosecution of a public servant while he is in service, prosecution cannot be initiated after retirement merely on the ground that sanction is no longer necessary. Allowing prosecution under such circumstances would render statutory protection illusory.
Court Disposition
appeal allowed
Orders
- Order of the High Court is set aside.
- Appellant's prosecution pending in the Court of Special Judge (Vig.), Bhubaneshwar is quashed.
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