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    <title>2011 (7) TMI 1398 - Supreme Court</title>
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    <description>Sanction protection for a public servant cannot be defeated by prosecuting the person after retirement when the competent authority had already refused sanction during service, even on reconsideration. The earlier refusal remains legally material because the safeguard is meant to prevent vexatious or frivolous prosecution and cannot be rendered illusory by waiting until retirement. On the facts, the attempt to proceed on the same allegations was also treated as an abuse of process, so the prosecution was held not maintainable and liable to be quashed.</description>
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      <description>Sanction protection for a public servant cannot be defeated by prosecuting the person after retirement when the competent authority had already refused sanction during service, even on reconsideration. The earlier refusal remains legally material because the safeguard is meant to prevent vexatious or frivolous prosecution and cannot be rendered illusory by waiting until retirement. On the facts, the attempt to proceed on the same allegations was also treated as an abuse of process, so the prosecution was held not maintainable and liable to be quashed.</description>
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