K.S DHARMADATAN versus CENTRAL GOVERNMENT AND ORS.

K.S DHARMADATAN versus CENTRAL GOVERNMENT AND ORS.

No sanction under Section 6 of the Prevention of Corruption Act was required as the appellant was not a public servant at the time court took cognizance; subsequent reinstatement with retrospective effect does not alter this legal position as the deemed fiction is limited to civil consequences and cannot nullify...

Source-derived case information.

Parties
Appellant: K. S. Dharmadatan; Respondent: Central Government and Ors.
Jurisdiction
India
Judgment Date
01 May 1979
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Kerala High Court Judgment in Criminal Revision Petition No. 73 of 1975
Outcome
Appeal dismissed
Legal Topics
Public Servant Prosecution, Sanction for Prosecution, Deeming Provision, Departmental Enquiry
Criminal Law Public Servant Prosecution Sanction for Prosecution Deeming Provision Departmental Enquiry

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Summary, issues, holding and outcome

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Parties

K. S. Dharmadatan

Appellant

Central Government and Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Kerala High Court Judgment in Criminal Revision Petition No. 73 of 1975

Legal Issues

  1. 1 Whether sanction of competent authority is necessary for prosecution under Section 6 of the Prevention of Corruption Act, 1947 when the accused was out of service at the time of cognizance but subsequently reinstated with retrospective effect
  2. 2 Construction and limitation of deeming provision

Ratio Decidendi

No sanction under Section 6 of the Prevention of Corruption Act was required as the appellant was not a public servant at the time court took cognizance; subsequent reinstatement with retrospective effect does not alter this legal position as the deemed fiction is limited to civil consequences and cannot nullify completed proceedings.

Court Disposition

Appeal dismissed

Orders

  • Special Judge to hear arguments of the parties and dispose of the case expeditiously
  • Records to be sent back to the Special Judge immediately