Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, RANJITSINHA RAJA BHONSALE
Tanaji Balasaheb Gambhire – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. corruption erodes society; strict pc act enforcement needed. (Para 2) |
| 2. petition challenges orders protecting alleged corrupt engineer. (Para 3 , 4) |
| 3. authority exceeded s17a powers; ignored non-cooperation. (Para 5) |
| 4. competent authority properly refused approval after review. (Para 6) |
| 5. s17a inapplicable to disproportionate assets cases. (Para 7) |
| 6. scope of s17a: no pre-investigation merits review. (Para 8) |
| 7. s17a excludes disproportionate assets; prima facie sufficient. (Para 9) |
| 8. pc act safeguards investigation by authorized officers. (Para 10 , 11 , 12) |
| 9. s17a approval only for official decisions, not da. (Para 13) |
| 10. distinguish approval from sanction; no mini-trial. (Para 14 , 15 , 16 , 17) |
| 11. enquiry integrity demands investigation on suspicion. (Para 18 , 19) |
| 12. non-cooperation warrants open enquiry in da case. (Para 20 , 21) |
| 13. authority improperly investigated, protected non-cooperator. (Para 22 , 23 , 24) |
| 14. orders exceed jurisdiction; wrongly applied s17a. (Para 25 , 26 , 27 , 28) |
| 15. prima facie case suffices for approval; judicious discretion. (Para 29 , 30 , 31) |
| 16. s17a inapplicable; quash orders, proceed enquiry. (Para 32) |
| 17. set aside impugned or |
Section 17A PC Act inapplicable to disproportionate assets cases; previous approval only for offences linked to official recommendations/decisions. Competent authority cannot investigate merits or de....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Enquiry or Inquiry or investigation of offences decision taken by public servant in discharge of official functions or duties - Once a constitutional court examines and satisfies itself about necessi....
The main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
Point of law: Prevention of corruption – Good faith - Section 17A of the Prevention of Corruption Act cannot be made applicable in those cases where the act of the public servant that amounts to an o....
It becomes imperative for authority to apply its mind to what is brought before it, as application of mind is bedrock of any order that an authority passes, failing which, it would be contrary to pri....
The main legal point established in the judgment is that section 17-A of the Prevention of Corruption Act does not apply to an investigation completed prior to its introduction on the statute book. T....
The court affirmed the necessity of obtaining prior approval for investigating public servants under the Prevention of Corruption Act, ensuring timely and proper inquiries without undue influence.
Persons authorised to investigate - Misappropriation of funds - Scope of S. 17A - An approval under S. 17A for conducting any enquiry, inquiry or investigation was warranted only when act done by acc....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
