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whether sanction required incase the case was registered while in service and subseqently retired?

Querist : Anonymous (Querist) 21 October 2010 This query is : Resolved 
A case of disproportionate of assets booked against me while I was in service subsequently I retired from service.The govt decided to conduct departmental enquiry instead of prosecution.However the ACB filed charge sheet stating that no sanction order is required in respect of retired employees. The Delhi HC gave judge ment in C.P.Verme v/s CBI the court held that sanction order required even after retirement also and quashed the cgarge sheet of CBI.The circumstances of that case is similar to me,i.e case was booked while in service and retired later.Please advice.
SANJAY GUPTA (Expert) 21 October 2010
Move High Court for quashing of the Case.
aman kumar (Expert) 21 October 2010
WHAT IS YOUR RETIREMENT DATE ?,
pawan sharma (Expert) 21 October 2010
no, in the dapartmental /home inquiry is deffrant from the Sanction of prosecution, if the dept. lodge the complaintagainst you, so the sanction is required see s 19 of the Prevention of corrcption Act.
pawan sharma (Expert) 21 October 2010
added- see also s 197 Cr.P.C
Kirti Kar Tripathi (Expert) 21 October 2010
I agree with Pawan
s.subramanian (Expert) 24 October 2010
No sanction is required for prosecuting a retired public servant.


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