2001 (4) TMI 962

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....er accused, who was the Head Clerk of the Panchayat, committed criminal conspiracy to misappropriate the funds of the Panchayat which was earmarked for construction of waiting sheds, Tribal training centers etc. and misappropriated large amount by creating bogus receipts and bills and thereby committed the above offences. Initially the respondent was placed under suspension and subsequently was allowed to retire from service on attaining superannuation. 3. The respondent filed a revision petition under Section 482 of the Criminal Procedure Code before the High Court of Kerala for quashing the said criminal proceeding on ground that there was no sanction to prosecute him as required under Section 122 of the Kerala Panchayat Act. That petiti....

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.... court after it has signed its judgment or final order disposing a case from altering or reviewing the said judgment or order except to correct a clerical or arithmetical error. This prohibition is complete and no criminal court can review its own judgment or order after it is signed. By the first order dated 31.05.2000, the High Court rejected the prayer of the respondent for quashing the criminal proceeding. This order attained its finality. By the impugned order, the High Court reversed its earlier order and quashed the criminal proceeding for want of proper sanction. By no stretch of imagination it can be said that by the impugned order the High Court only corrected any clerical or arithmetical error. In fact the impugned order is an or....

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....n 122 is clear and unambiguous. Sanction to prosecute the President, Executive Authority or members of a Panchayat is necessary for prosecution of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty. If a person ceases to hold the above office on retirement or otherwise no sanction for prosecution is necessary. The petitioner who retired from the service could not claim protection under this section as he ceased to hold the post under the Panchayat. 10. Section 19 of the Prevention of Corruption Act, inter alia, provides for previous sanction for prosecution and such sanction is necessary if a person is employed in connection with the affairs of the Union/State. This sec....