https://www.taxtmi.com/caselaws?id=308508 The Supreme Court clarified that prosecution of a public servant after retirement without prior sanction from the State Government is not required under the Prevention of Corruption Act. However, in cases falling under Section 197 of the Code of Criminal Procedure, the requirement may differ. The Court emphasized that sanction acts as a safeguard against frivolous prosecution. In this case, where the State Government had refused sanction while the public servant was in service, the Court held that the prosecution without prior sanction post-retirement was an abuse of process. The Supreme Court allowed the appeal, quashing the prosecution due to lack of prima facie evidence and disproportionate assets. en-us Mon, 04 Jul 2011 00:00:00 +0530 Fri, 30 Jun 2023 10:59:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308508 The Supreme Court clarified that prosecution of a public servant after retirement without prior sanction from the State Government is not required under the Prevention of Corruption Act. However, in cases falling under Section 197 of the Code of Criminal Procedure, the requirement may differ. The Court emphasized that sanction acts as a safeguard against frivolous prosecution. In this case, where the State Government had refused sanction while the public servant was in service, the Court held that the prosecution without prior sanction post-retirement was an abuse of process. The Supreme Court allowed the appeal, quashing the prosecution due to lack of prima facie evidence and disproportionate assets. Case-Laws Indian Laws Mon, 04 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308508