https://www.taxtmi.com/caselaws?id=303529 Previous sanction is a mandatory condition precedent before prosecuting a public servant for acts allegedly committed while acting or purporting to act in discharge of official duty, and the relevant date is when the offence was allegedly committed, not later retirement. On that basis, prosecution of the retired public servant was unsustainable without prior sanction and was liable to be quashed. A sanction order must also show application of mind to the investigation materials and subjective satisfaction; a silent or unreasoned order is defective. As the sanction for the other public servant was improper and the continuation of proceedings would be futile and oppressive, the criminal case against both accused was quashed. en-us Fri, 26 Nov 2021 00:00:00 +0530 Wed, 27 Jul 2022 21:29:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303529 Previous sanction is a mandatory condition precedent before prosecuting a public servant for acts allegedly committed while acting or purporting to act in discharge of official duty, and the relevant date is when the offence was allegedly committed, not later retirement. On that basis, prosecution of the retired public servant was unsustainable without prior sanction and was liable to be quashed. A sanction order must also show application of mind to the investigation materials and subjective satisfaction; a silent or unreasoned order is defective. As the sanction for the other public servant was improper and the continuation of proceedings would be futile and oppressive, the criminal case against both accused was quashed. Case-Laws Indian Laws Fri, 26 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303529