STATE(SPE HYDERABAD) versus AIR COMMODORE KAILASH CHAND
Since the respondent continued to be a member of the Auxiliary Air Force Reserve and was required to train and be called up for service as needed, he retained the status of public servant at the time cognizance was taken. Therefore, prosecution without proper sanction by the appointing authority was not valid.
- Parties
- Appellant: State (SPE Hyderabad); Respondent: Air Commodore Kailash Chand
- Jurisdiction
- India
- Judgment Date
- 21 December 1979
- Procedural Posture
- Criminal Appeal / Supreme Court Appeal by Certificate After High Court Revision
- Outcome
- Appeal dismissed
- Legal Topics
- Public Servant Status, Requirement of Sanction for Prosecution, Prevention of Corruption Act, Air Force Reserve Employment
Case Brief
Summary, issues, holding and outcome
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Parties
State (SPE Hyderabad)
Appellant
Air Commodore Kailash Chand
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Certificate After High Court Revision
Legal Issues
- 1 Whether respondent continued to be a public servant after retirement and transfer to Air Force Reserve
- 2 Whether sanction of appointing authority was required for prosecution under the Prevention of Corruption Act
Ratio Decidendi
Since the respondent continued to be a member of the Auxiliary Air Force Reserve and was required to train and be called up for service as needed, he retained the status of public servant at the time cognizance was taken. Therefore, prosecution without proper sanction by the appointing authority was not valid.
Court Disposition
Appeal dismissed
Orders
- Judgment of the High Court quashing the proceedings against the respondent is upheld.
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