'No need for sanction to prosecute transferred officer'Petitioner cites Prevention of Corruption Act to plead case
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The apex court gave the ruling while dismissing a plea by L Narayana Swamy, then a tahsildar and the other official, who were accused of abusing their position in allowing conversion of land to favour then Karnataka minister G Janardhana Reddy. PTI file photo
The Supreme Court has held that mandatory sanction required for prosecution of a public servant would not be needed if he or she has been transferred or promoted from the post.
“Where the public servant had abused the office which he held in the check period but had ceased to hold “that office” or was holding a different office, then a sanction would not be necessary,” a bench of Justices A K Sikri and N V Ramana said.
“Where the alleged misconduct is in some different capacity than the one which is held at the time of taking cognisance, there will be no necessity to take sanction,” the bench added.
The apex court gave the ruling while dismissing a plea by L Narayana Swamy, then a tahsildar and the other official, who were accused of abusing their position in allowing conversion of land to favour then Karnataka minister G Janardhana Reddy.
HC order
The apex court upheld the decision of the Karnataka High Court, which had said that the sanction was not required in their case as at the time of taking cognisance, they were not holding the post which was alleged to be abused.
Petitioner’s arguments
The petitioners had contended though they had been transferred in view of promotion, obtaining sanction was mandatory under the Prevention of Corruption Act as they continued to remain public servants.
“Where the public servant had abused the office which he held in the check period but had ceased to hold “that office” or was holding a different office, then a sanction would not be necessary,” a bench of Justices A K Sikri and N V Ramana said.
“Where the alleged misconduct is in some different capacity than the one which is held at the time of taking cognisance, there will be no necessity to take sanction,” the bench added.
The apex court gave the ruling while dismissing a plea by L Narayana Swamy, then a tahsildar and the other official, who were accused of abusing their position in allowing conversion of land to favour then Karnataka minister G Janardhana Reddy.
HC order
The apex court upheld the decision of the Karnataka High Court, which had said that the sanction was not required in their case as at the time of taking cognisance, they were not holding the post which was alleged to be abused.
Petitioner’s arguments
The petitioners had contended though they had been transferred in view of promotion, obtaining sanction was mandatory under the Prevention of Corruption Act as they continued to remain public servants.