No Need to Summon Sanctioning Officers if Prosecution Sanction is a “Speaking Order”: Kerala Vigilance

Posted inSanction to Prosecute Govt Servant
The Vigilance (E) Department, Government of Kerala, via Circular No: VIG-E3/145/2021-VIG dated 29/07/2021, clarified the procedural requirements for proving a prosecution sanction. Drawing from a catena of judgments, including Md. Iqbal Ahmed v. State of AP [1979 Cr LJ 633 (SC)] and State of Rajasthan v. Dr. A. K. Dutta [AIR 1981 SC 2187] etc, and there is no need for the prosecution to summon the authority if the order is "speaking" (reasoned) and reflects an application of mind.

Board of Directors is the Competent Authority to Sanction Prosecution of Cooperative Bank Employees

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
In K.M. Philip v. State of Kerala, the High Court of Kerala adjudicated a key legal issue: whether the State Government is the competent authority to grant sanction for the prosecution of employees of a service cooperative bank registered under the Kerala Co-operative Societies Act, 1969.

Sanction under Section 17A of Prevention of Corruption Act

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
In Shankara Bhat and Ors vs. State of Kerala and Ors., the Kerala High Court held that the protection afforded by Section 17A of the Prevention of Corruption Act, 1988 (PCA), is exclusively confined to offenses arising from a public servant's recommendations or decisions made in the discharge of their official duties.

Need for Sanction under Section 19 of the PCA for Court-Ordered Investigation

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
The government sanction, under section 19 of the Prevention of Corruption Act (PCA), is a prerequisite for a court in ordering an investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) on a private complaint, against a public servant, the High Court of Kerala states in  C.V. Balan & Ors. v. State of Kerala & Ors.

No Prior Govt Sanction Required for Inquiry or Investigation in Some Circumstances

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Sanction not Required to Prosecute Public Servants in ex facie Criminal Acts Under PC Act

Posted inPrevention of Corruption Act, Sanction to Prosecute Govt Servant
No prior sanction of the government is required, under section 17A of Prevention of Corruption Act, 1988 (PC Act), for offences like falsification of accounts, breach of trust and misappropriation of funds or acts which are ex facie criminal in nature. The Kerala High Court held this in Shankara Bhat v. State of Kerala & Ors, while deciding a few connected matters.