https://www.taxtmi.com/caselaws?id=297343 Sanction for prosecution under the Prevention of Corruption Act must be granted by the authority competent to remove the public servant from service. On the facts, the Standing Committee, not the Administrator or State Government, was the competent sanctioning authority, so the objection to competence failed. Sanction is also an administrative act that must rest on relevant materials and a conscious application of mind. Because the record did not clearly show whether the inquiry material and the Commissioner's recommendation were actually considered, the finding on validity of sanction could not be sustained and the matter was remitted to the Special Judge for fresh inquiry. en-us Wed, 19 Feb 2014 00:00:00 +0530 Sat, 28 Aug 2021 09:20:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297343 Sanction for prosecution under the Prevention of Corruption Act must be granted by the authority competent to remove the public servant from service. On the facts, the Standing Committee, not the Administrator or State Government, was the competent sanctioning authority, so the objection to competence failed. Sanction is also an administrative act that must rest on relevant materials and a conscious application of mind. Because the record did not clearly show whether the inquiry material and the Commissioner's recommendation were actually considered, the finding on validity of sanction could not be sustained and the matter was remitted to the Special Judge for fresh inquiry. Case-Laws Indian Laws Wed, 19 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297343