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2000 Supreme(SC) 499

Supreme Court Of India
MANORANJAN PRASAD CHOUDHARY
Versus
STATE OF BIHAR
Decided On : (March 6, 2000)

Headnote:

Prevention of Corruption Act, 1988, Section 19(1)(c) - Sanction for prosecution - Writ Petition for quashing the prosecution for want of sanction under Section 19, dismissed by the High Court- The authority competent to remove him from the office was the authority to accord sanction and admittedly, the said authority is the Managing Director of the Company- In the absence of sanction by such authority the proceedings stood vitiated- Order of the High Court set aside and proceedings quashed. [Para 2 ]

( 1 ) THE proceeding under the Prevention of Corruption Act against the petitioner was assailed and an application for discharge was filed by the petitioner-accused on the ground that the appropriate authority has not accorded sanction under Section 19 of the Prevention of Corruption Act. The said application having been rejected, the petitioner moved the High Court under Section 482 of the Code of Criminal Procedure and the High Court having dismissed the same, the petitioner has approached this Court.

( 2 ) THE sole question that arises for consideration is whether sanction has been accorded by the competent authority under Section 19 (l) (c) of the prevention of Corruption Act, 1988. The authority competent to remove him from the office is the authority to accord sanction and admittedly, the said authority is the Managing Director of the Company, as contended by the counsel for the petitioner and conceded by Mr B. B. Singh, learned counsel appearing for the State of Bihar. In that view of the matter, since there is no sanction of the competent authority, the proceeding is vitiated. We accordingly set aside the impugned order and quash the proceeding.

( 3 ) NEEDLESS to mention, if appropriate sanction is received from the competent authority, the matter can be proceeded against. The SLP stands disposed of accordingly.

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