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Showing posts with label Corruption Act. Show all posts
Showing posts with label Corruption Act. Show all posts

Jan 12, 2011

State of Himachal Pradesh Vs Nishant Sareen.

The question raised in this appeal, by special leave, is as regards the extent of power vested in the Government in reviewing its order granting or refusing sanction to prosecute the public servant in terms of Section 19 of the Prevention of Corruption Act, 1988.
Hon'ble Court observed
a change of opinion per se on the same materials cannot be a ground for reviewing or reconsidering the earlier order refusing to grant sanction. However, in a case where fresh materials have been collected by the investigating agency subsequent to the earlier order and placed before the sanctioning authority and on that basis, the matter is reconsidered by the sanctioning authority and in light of the fresh materials an opinion is formed that sanction to prosecute the public servant may be granted, there may not be any impediment to adopt such course.

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Sep 9, 2009

K. Veeraswami v. Union of India 1991 (3) SCC 655

members of the higher judiciary (High Courts and the Supreme Court) are covered by the Prevention of Corruption Act, and can be prosecuted, provided the CJI is consulted beforehand, and consents to that course.