prevention of corruption act

Narshim G Pai (Querist) 27 March 2011 This query is : Resolved
Sir,
In a corruption case if the sanctioning authority has not sanctioned the request for prosecution and an authority below the sanctioning authority has sanctioned the sanction for prosecution then where does the case of accused stand . Is the sanction valid ?" are there any judgements ? please help

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Devajyoti Barman (Expert) 27 March 2011
An officer lower than the rank of the appointing authority can not give such sanction.

Ghanshyam Mishra (Expert) 27 March 2011
such sanction has no sanctity and on the bases of the same no prosecution can take place.courtesy this provision the accused will have last laugh and will cock a snook on law.

R.Ramachandran (Expert) 28 March 2011
If the sanction has been given by the competent authority, and the same was conveyed by the lower authority, it would still be valid. I think in the instant case also, that might be the case.

Vijayan Balakrishnan (Expert) 28 March 2011
I agree with the expert Shri R Ramachandran.
The sanction of the competent authority must have been issued and caused to have been served to the prosecutor as no one below the sanctioning authority can issue sanction for prsoecution under the Prevention of Corruption Act, 1947 and for that matter under any acts or Rules.
The information-seeker may have notr understood the sanction properly.

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