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No need to seek sanction to try retired babus: SC

December 06, 2019 05:41 AM

COURTESY TOI DEC 6
AmitAnand.Choudhary@timesgroup.com

New Delhi:

The Supreme Court on Thursday said there is no need to seek sanction before prosecuting a retired government employee in a corruption case, holding that such protection is available to a public servant only during his service.


A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari said the requirement of sanction under Section 19 of Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement for the offence committed during the service period.

The bench quashed a Karnataka high court verdict. While discharging an assistant general manager of Vijaya Bank in a corruption case for lack of sanction, the HC had said, “A protection available to a public servant while in service should also be available after his retirement. It cannot be forgotten that even after retirement, he is prosecuted for offences under Prevention of Corruption Act.”

Section 19(1) of the Act says no court shall take cognizance of an offence alleged to have been committed by a public servant, except with previous sanction. The bench said the HC erred in its decision. “The HC was also not justified in observing that the protection available to a public servant while in service, should also be available after his retirement. That statement is completely inconsistent with the law laid down by this court in connection with requirement of sanction under Section 19 of the Act,” it said.

An FIR was lodged against the manager for misusing his position in granting loan of Rs 3 crore to a company in 2010. The case was registered in 2012 after his retirement. The accused thereafter sought discharge

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