Govt sanction is mandatory to probe public servant: SC
New Delhi: The Supreme Court on Tuesday held that a Magistrate cannot order probe against a public servant in a corruption complaint if there is no sanction given by the government.
A bench of justices KS Radhakrishnan and AK Sikri said that requirement to obtain sanction is mandatory and quashed the order of a trial court directing probe against a public servant by Karnataka Lokayukta on a private complaint filed against the officer on the ground that there was no sanction taken from the concerned government authority.
Once it is noticed that there was no previous sanction, the Magistrate cannot order investigation against a public servant while invoking powers under Section 156(3) CrPC (for directing probe)," the bench said.
It turned down the plea of the complainant that the requirement of sanction is only procedural in nature and not mandatory.
"Senior counsel appearing for the appellants raised the contention that the requirement of sanction is only procedural in nature and hence, directory or else Section 19(3) (relating to sanction) would be rendered otiose. We find it difficult to accept that contention," the bench said.
More from India
More from World
More from Sports
More from Entertaiment
- Watch: Wife catches husband with his girlfriend at Goa Airport
- Shiv Sena announces award of 2 lakh for Hindu families with 5 kids
- Dr Subhash Chandra Show: There are no shortcuts to success, says Dr Chandra
- 'Mann ki Baat': Will implement 13 new pointers to Land Bill from today itself, says PM Modi
- Watch 15 reports from 15 cities
- Know box-office report of Saif-Katrina's 'Phantom'
- Sheena Bora murder case: Indrani Mukerjea's ex-husband Sanjeev Khanna, driver taken to Raigad to recreate crime scene
- Wife catches husband along with his girlfriend at Goa airport, video goes viral – Watch
- Bihar polls 2015: Lalu pacifies 'upset' Mulayam ahead of Mahagatbandhan rally, offers 5 seats to SP
- Mumbai Police recovers car used in Sheena's murder; Indrani, Sanjeev, driver to be taken to crime spot in Raigad